(1 week, 1 day ago)
Lords Chamber
Lord Timpson (Lab)
Decisions such as on the noble Baroness’s last point are far above my pay grade, but I shall just mention two points. First, on release in error, any release in error is far too many and there is clearly a problem here that needs to be addressed. My style is very much, “Let’s deal with it and let’s work out what the problems are”, and I think that the investigation that Dame Lynne Owens will do will be very helpful as part of that process.
On the question of data, and making sure that we are effective and accurate in the work that we do, I spend a lot of time focusing on how we can embrace technology to ensure that, specifically, the Prison and Probation Service—which I know is within Justice, not the Home Office—has the ability to get things done more accurately and enables front-line staff to focus on what they do best, which is to rehabilitate people, not to fill out forms. Justice Transcribe—which uses AI to dictate what happened in a meeting with an offender, rather than the probation officer having to spend an hour writing it down afterwards—may sound like a very straightforward addition but is making a big difference already, saving hours of probation officers’ time. As someone who has come here from the commercial world, I am convinced that the more we embrace technology to enable our front-line staff to deliver excellent public services, the better.
Baroness Royall of Blaisdon (Lab)
My Lords, I am very grateful to my noble friend for his explanation about the £500, which has been all over the media and was referred to by the noble Lord, Lord Marks. It makes eminent sense that this was an operational decision; it has saved vast amounts of money and enabled this vile person to be put on a plane and got out of our country as soon as possible. I very much hope that my noble friend’s answer will be picked up in the media to counter some of the contrary stories that have been out there today.
Lord Timpson (Lab)
I thank my noble friend for her comment. We need to make sure that we support our operational civil servants on the front line—whom we trust with a huge amount of responsibility—when they make a sensible and commercial decision such as this one.
(4 months, 1 week ago)
Lords ChamberI think it was the previous Government who asked the Law Commission to do its report. The Law Commission came up with 57 recommendations for changes to marriage in England and Wales and we want to take our time to look at those.
Baroness Royall of Blaisdon (Lab)
My Lords, I understand that reforming marriage laws is a complex business, but in terms of removing discrimination against humanists who wish to get married, as their religious counterparts do, why do the Government not lay an order, just as an interim measure, which would enable humanists to marry?
I thank my noble friend for that question. I think the answer is the same as that I have given to others, which is because solving this anomaly for humanists would create other anomalies. That is why we want to take our time, although we are working at pace, to resolve the anomalies with weddings in England and Wales.
(1 year, 5 months ago)
Lords Chamber
Baroness Royall of Blaisdon (Lab)
My Lords, in rising to speak to Amendments 132 and 133 I take the opportunity to apologise to the House. I asked a supplementary question at Question Time that related to university funding and I did not refer to my interests in the register.
The amendments are the same as those that we moved in Committee and they are similar to amendments that we have moved to other Bills, but the Government have not acted and women continue to be attacked and killed as men with violent histories are allowed to escalate their behaviour by moving from victim to victim.
In Committee, the Minister said, as many Ministers have said before, that the Government agree that the robust management of perpetrators of domestic abuse and stalking is crucial to keep the public safe and that they completely agree with the spirit of the amendments, but that the objectives can be met through current provision and policy.
I beg to disagree. All the evidence demonstrates that this is not enough. Various initiatives have been, and are being, piloted, and countless letters are written to police forces urging them to make proper use of Clare’s law and stalking protection orders, but still it is clear that offences on a discretionary basis are not being treated with the same seriousness under MAPPA 2 and MAPPA 3. Where lives are at stake, a postcode lottery—which is what we have at present—is not acceptable.
This year a new report was published, following a national domestic homicide project and a Home Office-funded research project led by the National Police Chiefs Council—the NPCC. It showed that domestic abusers who went on to kill their partners were known to police in 80% of cases. Some 60% of those had been reported to the police specifically for domestic abuse, and a third of offenders were known to other agencies. The NPCC said that this highlighted the need for a
“multi-agency approach to effectively safeguard victims”.
The victims and perpetrators are known by many agencies and the most dangerous and serial perpetrators must be managed by MAPPA in order to close down opportunities for them to reoffend, and to ensure that their history is captured on the violent and sexual offenders register. This must be accessible whenever and wherever they move, just as with sex offenders.
The Minister might refer me to Clare’s law, which is certainly welcome, but it is simply not working in the majority of cases. It leaves the onus on potential victims to protect themselves, instead of placing positive obligations on the perpetrators. It affords no protection when the abuser leaves prison, moves address and targets a new woman—or when they change their name, which many serial perpetrators do.
Women repeatedly report they have been sent away or told by police that they are not a vetting agency. Clare’s law is failing because there is no duty on police to proactively identify, assess and manage serial perpetrators, or to record information about them and share it. NPCC data from October 2021 to March 2022 reveals that at least 56% of criminal background requests made by women were denied. This is truly shocking and demonstrates why the amendments are necessary.
I could cite so many examples that demonstrate the urgent need for these two amendments, but I will limit myself to six cases. I mentioned Zoe Dronfield in Committee. The man who nearly murdered her was released on 2 May. We have had to continuously push to ensure that he is managed at category 3 of MAPPA, when this should have been automatic. There are concerns about future women that he might target. We know that he has changed his appearance, but Zoe is not allowed even to see a photo. Why is it that his rights are being protected?
Chloe Holland was coercively controlled and abused by Marc Masterton. She died in hospital in March 2023 after trying to take her life because of him. Before doing so she reported him for domestic abuse and gave a two-hour video interview. He was sent to prison last year. Hearing of Chloe’s case, another victim, Zoe Castle, had the courage to come forward. Masterton has just been convicted for coercively controlling her and was sentenced to a further three years and seven months.
Zoe had just turned 18 when she moved in with Masterton and she lived in constant fear of him. She had to bend to his will and was fearful that she would lose her daughter. He hit over the head with a glass bottle, threw her into a wardrobe and, in another incident, picked her up and placed her in a freezing cold bath. When he comes out of prison, this serial perpetrator will do it again—he always does. He should go on a register, with stringent conditions.
“Danielle”—a pseudonym used to protect the victim’s identity for safety reasons—met her ex-partner through work in 2022. About six months into the relationship, it became clear that her new boyfriend had an alcohol problem. She thought she could save him, or that he would change for her, but he turned out to be abusive and attacked her twice in her own home. In a drunken assault, he grabbed her by the throat and hit her head against a wall, leaving only when she managed to reach the front door and scream for help.
Danielle said that she had never heard of Clare’s law when it was mentioned by her social worker soon afterwards, but she agreed to an application for information about her partner being made on her behalf. When the police arrived a few days later, she was shocked by what they told her. Her partner had a record of violent assaults on 20 other women.
In breach of the restraining order issued after the first assault, he broke into her home, seriously assaulting her again. He was sentenced to 10 weeks in prison for common assault and was released earlier this year. Naturally, she is terrified.
Holly Bramley met serial perpetrator Nicholas Metson in 2016 and they married in 2021. Holly had no idea about his previous convictions for offences against former partners in 2013, 2016 and 2017. Twenty-six year-old Holly decided to leave him and on 17 March last year he killed her, cutting her body up into 200 pieces and depositing it in a river.
Holly had a right to know about Metson’s serious and serial offending history.
Baroness Royall of Blaisdon (Lab)
My Lords, I am grateful to the Minister for his response, and to the noble Baronesses, Lady Brinton and Lady Thornton, and the noble Lord, Lord Russell. I have to say that I am not content. I have heard the word “guidance”, “guidance”, “guidance”, and that the current provision and policy will make everything work. They will not. I repeat: they will not. Why are so many women dying? The reason is that they do not work. Pilots, guidance and Clare’s law are simply not working; they are not enough. We should take the moral courage as was suggested by the noble Lord, Lord Russell, and vote in favour of this amendment. As the noble Baroness, Lady Brinton, said, it is not just about doing something that is right and protecting lives; investing in perpetrator management also saves money. What is not to like? I intend to test the opinion of the House.
Baroness Royall of Blaisdon (Lab)
My Lords, I wish to test the opinion of the House. I beg to move.
(3 years, 1 month ago)
Lords Chamber
Baroness Royall of Blaisdon (Lab)
My Lords, I guess I am about two-thirds of the way between the most reverend Primate’s granddaughter and the right reverend Prelate’s mother, but I too wept. It was such a moment to hear that our wonderful Queen had died. The right reverend Prelate mentioned peace and reconciliation. Our country and our world are in great need of those now, and I have no doubt that they will be firmly on the agenda of our new King.
I am proud to join in this celebration of the life of Her Majesty the Queen—an inspirational life, a life truly well lived and a life for which we are grateful. She was a remarkable woman, and the tributes made in your Lordships’ House both yesterday and today have also been remarkable. The tributes we have seen in the media have been quite exceptional, and I hope that continues with our new King.
It is impossible to say anything new, but repetition does not detract from the fact that Queen Elizabeth was an extraordinary woman whose dedication to our country and its people was second to none. Hers was a life of service and steadfastness, leadership and love, dignity and integrity—a reassuring constant in a turbulent world. It is difficult to comprehend the breadth of the economic, social, political and technological changes that took place during the second Elizabethan age. She was the continuity Queen who embodied our nation. Hers was a life to be celebrated throughout the world.
I was in Mumbai when news of the Queen’s death was announced. So many people came up to me late that evening and the following morning to give their condolences on the loss for our country and to express their sadness and respect. I did not know these people but clearly, I look like a Brit and therefore was somebody who should be concerned, as I was.
I was privileged to be Lord President of the Council, Chancellor of the Duchy of Lancaster and Captain of the Gentlemen-at-Arms, and in those tasks I met the Queen quite often. I was certainly not the first woman captain, but it seemed to give the Queen pleasure to introduce a female captain—although together we lamented the fact that the women captains did not have the gorgeous uniforms of the men. We talked about that quite often.
Much has been said about the Queen’s sense of humour. Once, when I was lunching at Windsor Castle with the Queen and Duke of Edinburgh, there was a conversation about the intrusion of mobile phones. We lamented the fact that people did not turn them off at mealtimes. Suddenly there was a loud ring beneath the table. Yes, it came from my handbag. I was mortified; they thought it was hilarious.
Last year my college, Somerville, was privileged to receive a wonderful visit from the King, the then Prince of Wales. Delving into our history in preparation for the visit, I learned that the Queen visited Somerville in 1968, when we were a women’s college. We have a glorious photo of the beautiful young Queen and the heads of all five women’s colleges. Happily for me, all the heads had studied at Somerville. I have no doubt that that point was proudly made to the Queen. On that visit the Queen signed a birthday book given to the college by Ruskin. It was also signed by her grandmother, Queen Mary, and latterly by her son, King Charles.
In our fragile world, we are embarking on a new era. The Queen will be greatly missed, but I know that the King, supported by the Queen Consort and his family, will also give extraordinary service to the country and the Commonwealth as we meet the great challenges of our time. Through all the work the King has done as the Prince of Wales, he is more aware of those challenges than many in our world.
My Lords, following the contribution from the noble Baroness, Lady Royall, I remind the House courteously that several things need to happen over the next few days, one of which is the preparation for the events leading up to the funeral and another is the necessity for noble Lords to take their oaths. With that courtesy that I know the House would like to see, I remind noble Lords to consider the length of time that they might speak in order to let everybody come in today.
(4 years ago)
Lords Chamber
Baroness Royall of Blaisdon (Lab)
My Lords, I strongly support the Bill but, in doing so, I recognise that all noble Lords care deeply about compassion and dignity. The personal testimonies we have all read in the letters and emails we have received, and indeed the speeches we have heard today, have been truly heart-wrenching—and I trust that my noble friend Lord McKenzie’s pension providers will be well and truly confounded.
Yes, of course we need more investment in palliative care, in hospices and hospices at home, but I submit that we also need the Bill. Dignity in Dying—of which I am a supporter—published a report, Last Resort, which tells the stories of dying people who take their own lives in the absence of an assisted dying law. We must accept that if we do not provide people with safeguarded choice, they will continue to turn to rope, oncoming vehicles, shotguns, suffocation, starvation, drowning and overdoses of imported or stockpiled drugs. The current blanket ban on assisted dying does not eradicate demand for choice at the end of life; it simply forces people to take matters into their own hands in loneliness and in fear.
In February, I asked a Parliamentary Question on the number of terminally ill people who take their own life by suicide. The ONS is currently undertaking research on this point, and I hope that it will be made public in the coming months. We know too little about the numbers of dying people who take their own lives, but we know the deep and long-lasting effects that such deaths have on their loved ones and on wider society.
We talk about these deaths as suicide—that is how they are currently recorded—but it is clear from listening to bereaved family members that these are not people who wished to end their own lives but people who are taking drastic and often violent steps to control an inevitable and imminent death. Families mentioned time and again that their loved ones were not suicidal. One said: “In his notes to me Dad suggested I say, ‘He chose to end his own life ... it’s a decision full of power and autonomy, authority ... it’s a show of strength and resilience and power.’”
Dignity in Dying’s report found that being forced to plan a lonely death, taking care to prevent loved ones being incriminated, causes dying people significant anxiety and reduces their quality of life. A coroner in Victoria, Australia, speaking of terminally ill people who had committed suicide said:
“The people we are talking about … have made an absolute clear decision. They are determined. The only assistance that could be offered is to meet their wishes, not to prolong their life.”
Language matters. YouGov polling shows that 73% of UK adults appreciate that there is a difference between a terminally ill adult seeking assistance to end their life and suicide. There is growing evidence from mental health experts that the wish for greater choice at the end of life is different from what motivates a person to die by suicide. They stress the need for two important issues—assisted dying and suicide prevention —not to be conflated.
Traditional strategies of preventing suicides are ill-suited to being applied to assisted dying requests. We must address both assisted dying and suicide prevention in an evidence-based manner. In places where assisted dying is legal, dying people have explained how knowing they now have the legal option of controlling the manner and timing of their deaths has meant they no longer need to take matters into their own hands. To turn a blind eye to the fact that dying people will seek ways to control the end of their lives, regardless of what the law says, would be a failure of our duty to legislate in the best interests of society.
I believe we owe our fellow citizens whose suffering is intolerable the ability to live without fear until they are able within the law to choose a peaceful death with dignity. I trust that in due course a courageous and compassionate Government will allow government time for a Bill with a free vote on this most important of human issues.
(4 years, 6 months ago)
Lords Chamber
Baroness Royall of Blaisdon
Leave out from “Amendment 42” to end and insert “, do disagree with the Commons in their Amendments 42A, 42B and 42C and do propose Amendments 42D, 42E and 42F in lieu—
Baroness Royall of Blaisdon (Lab) [V]
My Lords, it has rightly been said many times that this is an excellent Bill of which we can be proud. However, in this National Stalking Awareness Week, we have an opportunity to make a further change that would demonstrate that the Government really have listened to the outpouring of anger and grief following the murder of Sarah Everard.
Since 15 March, when your Lordships last considered the Bill, 16 more women have been murdered—most of them as a consequence of domestic abuse, with many of them undoubtedly having suffered coercive control and stalking. If the perpetrators had been proactively identified, assessed and managed by police, prison and probation services, using the Multi Agency Public Protection Arrangements and the violent and sex offender register—ViSOR—many of these women would still be alive. These victims are not just numbers or even names: they were mothers, sisters and daughters who were loved and whose murder will have torn families apart with pain.
For nearly 20 years, evidence has been provided by Laura Richards, charities, HMIC and others that the current system is not working, and that serious and serial stalkers and domestic abusers are treated with impunity. The Minister is right that more good practice is needed, but we have been told that for the last 10 or 12 years and little has changed. I know that there are many things in train, but women are dying. The answer from government has always been, “The current system is adequate. We acknowledge that there are problems, but it is the practice not the process that is the problem. We will issue more guidance and lessons will be learned”. The lesson that has been learned is that guidance is not enough. Real change will be effected only through statute.
After 15 March, there was a flurry of press coverage and we were told that domestic abusers, stalkers and sex offenders will be registered on a super-database under plans being drawn up by the Government. Some of that press coverage came from briefings. Survivors, the families of victims, charities and hundreds of thousands of people up and down the country were elated, relieved that women were no longer going to live in fear. Their hopes, however, were dashed when the Minister responded in the Commons last week and when the Government whipped against my amendment. Why is the Government so against this simple amendment that would make such a profound difference?
I beg to differ with the Minister. Minister Atkins reiterated that the current system was adequate. All that was needed was the
“strengthening of MAPPA statutory guidance to include sections on domestic abuse.”—[Official Report, Commons, 15/4/21; col. 522.]
Ministers say that the real issue was not the statutory framework but how it is applied in practice. The statutory framework must be amended, otherwise the relevant authorities will continue, as they have done for 20 years, to ignore patterns of behaviour that end in murder. The Minister said that a new category of MAPPA, as proposed by my amendment, is
“not needed … because these … people can be included in the existing category 3.” —[Official Report, Commons, 15/4/21; col. 534.]
However, this category has historically been interpreted very narrowly, which means that police, probation and other agencies are not treating repeat perpetrators as high-risk offenders. Yet they are high risk.
The Minister added:
“Creating a new MAPPA category for high-harm domestic abuse and stalking perpetrators would bring added complexity to the MAPPA framework without compensating benefits.”—[Official Report, Commons, 15/4/21; col. 522.]
This was an affront in the Commons. We are striving to save women’s lives and the excuse for inaction is “added complexity”. The compensatory benefit would be to include more people in the system who are high-risk and endanger women’s lives. We were informed in a meeting yesterday by an official that it would trigger bureaucratic processes; I take that to mean that it would lead to effective action which they do not wish to take or in which they do not wish invest. Yes, more resources would be required, but women’s lives would be saved and the cost would be far outweighed by the cost of murder inquiries, each of which costs £2 million.
It is no wonder that among the people who felt let down and wept with anger when they heard the Minister last week were 17-year-old Georgia Gabriel-Hooper, whose mum was killed by an ex-partner in front of her; Zoe Dronfield, who was almost murdered by a man who had stalked some 13 other women; John Clough, father of Jane Clough, who was stalked and murdered by a violent ex-partner even though he had a history of abusing other women; and Nick Gazzard, father of Hollie, who was murdered by her stalker, who was involved in 24 previous violent offences. None of the perpetrators were on a high-risk offenders’ register, and the police were not monitoring them. Zoe lives in constant fear, as do many other survivors, especially when those that attacked them leave prison and are not on a register. We know of many survivors and their families who are literally living in hiding—hiding from men who should be on a database so that they can be managed and police can be accountable for the management of their behaviour.
Why are the Government so against including serial domestic abusers and stalking perpetrators on a database? I heard what the Minister said, however, and I am pleased to learn that they recognise that ViSOR is not working and that a new system, the multiagency public protection system, will be introduced. The Minister said that this would include perpetrators of domestic abuse, but she did not mention stalking. Will the new system include perpetrators of stalking? If not, why not? I think we must insist that it does.
My Lords, rather than going over the arguments about why we do not agree with the amendment, perhaps I might stress that we all seek the same ends. Like the noble Lord, Lord Kennedy, I am at risk of repeating myself.
My noble friend asked, quite logically, why putting offenders on a register was problematic. It is not problematic. So many noble Lords made the point about improving things in practice. The noble Lord, Lord Russell of Liverpool, would ask, I am sure—although I do not want to think for him—what we will do now to make things any different from how they were before, and that is a totally reasonable question, particularly in National Stalking Awareness Week. The noble Lord, Lord Kennedy, is right to say that some of the stories we have heard have been absolutely horrific. Noble Lords may recall that I wrote to the noble Baroness, Lady Royall, pointing out that these stories were horrendous. Would they have fared any differently with this additional category? I contended that they would not, but said that I felt we could all agree that the current arrangements had to be improved.
I will address what I think the noble Lord, Lord Russell, would ask, which is, “What are we going to do that will make a difference?” The answer is: several things. We will revisit and refresh the statutory guidance to include sections on domestic abuse. It will ensure that all agencies involved take steps to identify domestic abuse perpetrators whose risk requires active multiagency management, and to put in place a plan of action which reflects the risk, no matter what the category. We are legislating in the Police, Crime, Sentencing and Courts Bill to clarify the information-sharing powers under MAPPA.
Noble Lords who know me know that I am very supportive of multiagency information sharing, and that Bill puts beyond doubt that the information-sharing powers of those agencies are subject to the duty to co-operate under MAPPA. That is absolutely crucial. It will also explicitly clarify these information-sharing powers for those agencies or individuals who can contribute to the assessment and management of risk: for example, GPs. It will give greater confidence to these agencies when sharing information and will support more effective risk management. So, to answer the noble Baroness, Lady Royall, in terms of the statutory duty to co-operate with the aims of the DA strategy, the Bill makes provision for statutory guidance that bodies exercising public functions must have regard to offenders convicted of a stalking offence who are managed under level 2 or level 3 of MAPPA having to be on ViSOR. The guidance is not voluntary. That is a very important practical step.
HM Prison and Probation Service will issue a policy framework setting out clear expectations for the management of all cases at MAPPA level 1 by the National Probation Service, including domestic abuse perpetrators. This will further help improve the quality of information sharing, the consistency and regularity of reviews and the identification of cases where additional risk-management activity is required.
We will decommission ViSOR, which is now almost 20 years old, and bring in the new MAPP system, which will be piloted from next year. As I have said, we will also bring forward a new statutory domestic abuse perpetrator strategy as part of a holistic domestic abuse strategy, to be published later this year. In terms of resources, I totally concur with the noble Baroness. We are investing in new resources, with an additional £25 million committed this year, but she is absolutely right that we need ongoing certainty in funding, and I give a personal guarantee to her that both Victoria Atkins and I will be lobbying the Chancellor as we head towards the next SR period—because she is right; we absolutely need sustainable funding.
We do want to be held to account on our commitment to do more. I started trying to deal with the perennial problem of getting huge improvements in our response to domestic abuse when I was at MHCLG, and I continue to do so through this Bill. We brought forward Amendments 42A to 42C, which the Commons have agreed, and I welcome the fact that the noble Baroness has incorporated Amendment 42D into her amendment. I hope that I have outlined the tangible action that we are taking and that the House will support our Motion and reject the noble Baroness’s. However, in rejecting it we are not, ultimately, on a different page in what we are seeking to achieve.
Baroness Royall of Blaisdon (Lab) [V]
My Lords, I am very grateful to all noble Lords who have spoken in support of my amendment. I am also extremely grateful to the Minister, who has outlined many tangible actions. We all agree that the current system is not working, and many of the actions which she outlined are indeed going to improve things. I am delighted by her announcement that ViSOR does not work and is therefore going to be replaced; that is great. As she mentioned earlier, the perpetrators of domestic abuse are going to be part of the new data system, but I do not think that she said that the perpetrators of stalking are going to be included on that register. I feel extremely passionate about that because stalking and domestic abuse are inextricably linked. There is a pattern of behaviour: one thing leads to another and, ultimately, women are murdered. I therefore think it extremely important that the perpetrators of domestic abuse and of stalking be dealt with in the same way.
The noble Baroness mentioned many things about the perpetrator strategy, and I will have to look carefully at what she said. As I understand it, there are going to be two distinct strategies, one for stalkers and the one covered by Amendment 42. There, again, I do not understand why there would be two strategies when the perpetrators of both offences need to be dealt with in the same way. If I am wrong, and there are not going to be two strategies, please tell me. But as it is, I find the solution to some of these problems quite confusing and frustrating.
I think—I know—we are all willing the same end. I do not yet agree with the means by which we are getting to that end, but I am confident we can agree in due course. There are more conversations to be had, and I would like more conversations following this evening and before we get to the next stage of this Bill, which I very much want to reach the statute book, and of course it will. Because I still have questions and there are things I wish to insist on, I am going to test the opinion of the House. But with that, I thank the Minister very much. I look forward to our conversations, and I am sure we will find a way through in the coming days.
(4 years, 7 months ago)
Lords Chamber
Baroness Royall of Blaisdon (Lab) [V]
My Lords, I am grateful for your Lordships’ patience in enabling me to table and move this short amendment, whose purpose is to correct a minor defect in my original drafting, for which I apologise. I am grateful to the clerks for their advice.
I understand from the Sunday Telegraph that the Government are going to create a super-database, which would include domestic abusers and stalkers, as well as sex offenders. If this were the case, I would naturally be delighted. This would enable police, prison and probation services to track offenders guilty of violence against women and would be a huge step forward in our efforts to tackle gender-based violence and misogyny.
I pay tribute to all those who have campaigned over many years to make this a reality, especially my formidable friend Laura Richards, as well as survivors and the families and friends of victims. I emphasise that we have never been asking for a separate register for stalkers and perpetrators of domestic violence but rather that they should be included on ViSOR—the violent offender and sex offender register. I am sure that we will receive more details when the amendment agreed last week is considered by the Commons after Easter, but I hope that the intention, if not the details, will be on the face of the Bill. Likewise, I have outlined details of the perpetrator strategy which must be an integral part of the policy relating to the database. There must be a statutory requirement for police, prison and probation services to risk assess and manage perpetrators, in partnership with domestic abuse and stalking services. Unless this is mandatory, the key professionals will not always come to the table, and their participation is vital.
I thank the noble Lord the Minister for his work on these issues and, specifically, the noble Baroness, Lady Williams, for all that she has done and for her letter received this morning. Sadly, the letter was not as explicit as some of the media briefings, but I am grateful to her for recognising that there is a consensus that more needs to be done. I suggest that there is a consensus on the actions needed. As the noble Baroness has said in the past, we have already agreed on the ends; I think and hope that, as a consequence of the debate and vote on my amendment on Report, we are now close to agreeing on the means that will bring about a cultural change, focusing on the perpetrators and saving lives. I look forward to hearing the results of the discussions between her officials and experts in developing the database and the perpetrator strategy. I beg to move.
My Lords, I first apologise on behalf of my noble friend Lady Williams of Trafford, who is unable to be present today. The Home Secretary has asked my noble friend to deputise for her at today’s meeting of the G6, which the UK is hosting. The G6 meeting of Interior Ministers is one of the most important long-term, multilateral forums in which to discuss priority home affairs issues with some of our closest security partners. I hope that noble Lords will therefore understand the importance of my noble friend attending that meeting, but she is, none the less, disappointed that this means that she cannot be here today.
I turn briefly to the amendment which, as the noble Baroness, Lady Royall of Blaisdon, has explained, is purely a drafting amendment and, as such, the Government will not oppose it. My noble friend made clear on Report what the Government’s substantive view now is of Clause 85 of the Bill. I hope that the House will forgive me if I do not repeat that position today. It is now for the other place to consider this and other amendments agreed by your Lordships’ House.
Baroness Royall of Blaisdon (Lab) [V]
My Lords, I am grateful to the noble Lord the Minister for expressing the Government’s position on this amendment. I am sure we are all very proud of the fact that his noble friend Lady Williams, the Minister, is representing the Government at the meeting of the G6.
(9 years, 11 months ago)
Lords Chamber
Lord Lester of Herne Hill (LD)
My Lords, I regret that I was not able to speak at the Committee stage, but I want to make one brief point. It is extremely important for us, through the Government and Parliament, to recognise the service given by our fellow citizens when they serve in the European institutions. I have made the point in the past so far as judges are concerned. It is vital to get good British judges to serve in Europe. But exactly the same applies elsewhere in the European public service.
The example that comes to my mind is that of an admirable civil servant, now retired, called Simon Palmer. He has lived in France for more than 15 years. He lives there because during the whole of that time he served the Council of Europe as a member of the European civil service. He takes his holidays in England and he is thoroughly British, but he has brought up his family in Europe. I see no good reason why he should suffer the penalty of being disqualified from the referendum simply because he has lived there for the wrong side of 15 years. His connection with this country is no weaker, and it is very important that through this debate and what comes of it, we should recognise the vital public service given by people like him by giving them the ability to vote in this crucial referendum.
Baroness Royall of Blaisdon (Lab)
My Lords, I too, support this amendment, to which I have added my name. There are many people living all over the European Union who, as the noble Lord has said, have done fine service for our country and who are still receiving pensions from this country and paying tax in this country, and they deserve a voice. This is one of the most important votes that will have happened in their lifetime, and they certainly deserve a voice, as I say.
I respect the coherent position of my own party, although I disagree with it, but I do not understand the incoherent position of the party opposite, as was said by the noble Lord, Lord Hannay, and other noble Lords. The Conservative Party has, I believe quite rightly, said that it will extend the franchise. This is the most important vote for many of those people to whom the franchise will be extended, so why cannot it be extended now? Why cannot that legislation be brought forward before we have the referendum? That is a simple question, and I believe it is the proper one to ask.
My Lords, why do I smell another rat here? It seems to me that this is once again trying to slew the whole playing field, which we have desperately been trying to keep level, in favour of those who want to keep us in the EU. It has been quite established for some time. There is the argument that it is very unfair for these people who have been abroad for more than X number of years that they cannot vote in the referendum. But they cannot vote in general elections either. It is quite extraordinary that we seem to be determined all the time to bring in amendments that will make it more likely that we will stay in the EU than leave it.
(9 years, 11 months ago)
Lords ChamberLet me turn to something that may excite the party opposite slightly less, which is the question of what may happen in practical terms if there is a change of franchise. The noble Baroness, Lady Morgan, said that with a fair wind these matters could easily be accommodated—I hope that she will forgive me if I summarise what she said. The noble Lord, Lord Tyler, was, I think, suggesting that I had in some way misquoted the Electoral Commission, but I do not think that that is a fair accusation. Let me make entirely clear what the Electoral Commission said in its publication yesterday. The commission states that it is not the case that there must be a 12-month period between a change to the franchise and the referendum, or indeed any fixed period. Reports in the media that refer to the 12-month period are incorrect.
I ask the House’s indulgence while I quote accurately one paragraph from that publication:
“It is important that Parliament is aware that if the annual canvass does not fall before the electoral event that a franchise change applies to, a key opportunity is missed to get the new group of voters registered. This does not mean, however, that other options are not available to help get as many voters as possible on the register in the available timeframe. Although the scale of the challenge presented by some of these options should not be underestimated—and it must be borne in mind that every voter is now required to register themselves individually—this does not mean that steps cannot be taken to reduce the risks presented by them with proper planning and funding”.
Baroness Royall of Blaisdon (Lab)
I just want to ask a factual question. Can the noble Lord say whether or not the annual canvass could be brought forward? I have no idea.
I have no idea of the answer to that question. The Electoral Commission will no doubt do its best, as I said in Committee, to follow what Parliament decides should be the franchise. It is also the case that, once the Bill receives Royal Assent, there are things that can be done, notwithstanding that there are various steps necessary to implement the legislation; for example, setting the referendum date and the start date. It is a very considerable undertaking involving a great many people.
I echo the point made my noble friend Lord Forsyth that being left off the register is considered a matter of considerable importance. Although there can be a campaign to increase awareness, there is a real risk that this matter would not be achieved in a satisfactory way, notwithstanding the willingness of the Electoral Commission to assist.
Legislation as momentous as this must command consensus in both Houses and the country as a whole. Reference was made to a recent amendment voted on in this House to the Cities and Local Government Devolution Bill to allow 16 year-olds to vote: that was reversed by the House of Commons yesterday by a substantial majority.
A change of this sort needs substantial legislation; it is a very important change. We have decided that the appropriate franchise is the one that has pertained satisfactorily in previous referenda and general elections, one that pertains in every country in the EU except Austria. There may come a time for change, when we lower the age to 16. There may be a debate to be had. This is not the moment for that debate.
(10 years ago)
Lords Chamber
Baroness Royall of Blaisdon (Lab)
My Lords, I support the amendments which are on the Marshalled List and which have been comprehensively introduced. I note what the noble Lord, Lord Flight, says, and I would probably have no problem in widening the scope of these amendments to all expats. However, it is clear that people who have moved to the European Union to work are much more directly affected by the European Union than people working in Japan or America, for example. UK citizens who go to work in other member states are specifically worried about their personal and professional status, which will be directly and seriously affected by the EU referendum. As has been said, some face losing their right to work under EU mutual recognition rules, and thus their livelihoods. Changing citizenship would not help them. Of course, if British citizens work for British companies they might also pay national insurance and taxes in the UK. Retired former public servants such as police officers, military personnel, teachers and nurses receive a government pension, taxed at source in the UK, and make a contribution to the UK Treasury. All these people deserve and need a say in the referendum.
Like others, I ask the Minister: if the Government believe it right for British citizens to vote in future general elections, as announced in their manifesto, and will be introducing such legislation, why is it not right to give these people a vote in a referendum that will have a greater impact on their lives than any general election? Perhaps I am being terribly cynical, but I wonder whether the main reason why the Government wish to give Brits abroad a vote has nothing to do with principles or democracy, but with the fact that polling tends to demonstrate that the Conservative Party would gain more than other parties from receiving the votes of British citizens living abroad.
The Minister often cites what happens in other member states to support the Government’s case regarding extending the franchise. They say that it is not done in other member states and therefore should not be done in this country. I respectfully point out that 23 member states provide lifelong voting rights for their overseas voters. While I am on my feet, I pay tribute to the many members of Labour International who have campaigned on this issue for many years. I will specifically mention Harry Shindler, a 94 year-old resident of Italy who is an Anzio veteran, and who has campaigned tirelessly to scrap the ban.
Lord Garel-Jones (Con)
My Lords, I support this group of amendments. We have had some quite intense debates on this subject already. Many of the amendments debated previously were perfectly respectable but, some might argue, a little far-fetched whereas with this group of amendments, as the noble Lord, Lord Hannay, pointed out, we seem to have moved into calmer waters. We are talking about British subjects who happen to be retired or working in the European Union. The effect of the referendum on their lives would be quite substantial. As the noble Baroness has already pointed out, many of those who are retired are taxpayers here in the United Kingdom. Consequently, given that we have already made a concession to enable members of your Lordships’ House to vote in the referendum, I can see no possible reason why we cannot make a similar commitment to British subjects who are working or living abroad.
The date of the referendum is of course unknown. No doubt the Electoral Commission will fulfil whatever the existing legislative obligation requires it to do. It may require a great deal of energy and expenditure, and while I am not saying from the Dispatch Box that it would be impossible, one should not underestimate the complexities involved in the process.
The noble Lord, Lord Shipley, said in effect that he is concerned that there was some form of delay by the Government. Perhaps I may reiterate that the Government are committed to scrapping the 15-year rule and they are currently considering the timetable to do this. The date of the referendum is not known, so I am afraid that I cannot make any commitment that votes for life will be in place in time for the referendum. However, we should remember that many British citizens living abroad will be eligible to participate in the referendum vote.
Baroness Royall of Blaisdon
My Lords, forgive me, but I am bound to ask this. The Minister has cited the complexities of introducing new legislation, which I accept entirely. But knowing of the complexities involved and the organisational challenges mentioned by the noble Lord, Lord Dobbs, and knowing that we are going to have a referendum, why was the legislation to extend the franchise to all citizens living abroad for the forthcoming elections not introduced as one of the first Bills of this parliamentary Session?
The Government have their priorities and a considerable amount of legislation has been introduced, some of which has moved fairly slowly through your Lordships’ House. I cannot speak for the Government’s assessment of their priorities. This is an important matter and it will no doubt take its place in due course.
The noble Baroness, Lady Royall, suggested that the Government’s enthusiasm for UK citizens having a vote outside the EU might be motivated by their apparent desire to vote Conservative. As I have said consistently from the Dispatch Box, we have no idea how people would vote, whether they live in the EU or outside it. The Government are simply not concerned with trying to second-guess anything. They are concerned only with legitimacy—here, I agree entirely with the noble Baroness—that people feel there has been no manipulation and no sense that there has been an attempt to skew the result, however illegitimate they might think it was. We suggest that the best criterion is to have the Westminster franchise. Of course, I am sympathetic to much that lies behind the amendment, having regard to the Government’s commitment in respect of votes for life.
I should finally point out that many British citizens living in the EU and elsewhere in the world will be able to vote in the referendum as long as they have not been living overseas for 15 years or more. The parliamentary franchise already allows them to vote. So while I am sympathetic to the amendment, I do not believe that this is the time or place to make those changes.
Getting stuck between my two noble friends is a perilous position. As I made clear at Second Reading, I hope very much that the Prime Minister can bring back the reforms which will enable me to vote for and support him in continuing within the European Union. I do not adhere to my noble friend’s position where he will vote to stay in no matter what or that of the position of the noble Lord, which I suspect is that he will probably vote “out” no matter what.
Noble Lords have asked for a factual report. It is worth reminding ourselves of what happened in 1975 when a White Paper was produced. I know that the noble Lord, Lord Hannay, is probably not asking for the exactly the same sort of operation, but there was a White Paper, and of course it was huge. What the noble Lord and other noble Lords are asking for is a huge amount of work to be done, which will have to be distilled into something more manageable and digestible for public consumption. I have with me the 1975 version and I have to say that it is laughable in its simplicity and its paean of praise. There is very little that is truly objective about it. That indicates to me that it is impossible for anyone, let alone poor beleaguered officials, to come up with something that is going to satisfy everybody. I will not quote from the pamphlet because we do not need to delay ourselves.
Of course we need information. We need as much information as possible in the form of views, predictions and analysis, but that is surely the stuff of the campaign itself. It is the substance of the campaign, not that of some poor, hard-pressed official’s work that will never satisfy either side. These are issues which need to be argued in public with both sides in full cry. As I say, I am afraid that I have no faith in anyone’s ability to produce a report that will satisfy both sides of the equation. It will be no more than a fig-leaf on a very windy day and not worth the paper it would be written on.
Baroness Royall of Blaisdon
My Lords, surprisingly, I agree with the spirit of both sets of amendments because, as the noble Lord, Lord Dobbs, says, it is important that the people of our country have access to as much factual information as possible. Where I disagree with the noble Lord is that he says that it is up to the two campaigns to put forward the information. The information put forward by each campaign is bound to be biased because they are campaigning organisations. I would ask for a White Paper, and I think that the Minister herself mentioned a White Paper in our debate at Second Reading. I think it is imperative that the Government should themselves produce unbiased, factual information on which the people of this country can make their decisions. Of course the information provided by the campaigns will be of the utmost importance, but it is bound to be biased.
At the moment it seems as if the Government are going to be campaigning for us to stay in the EU. Why would any report they produce be unbiased?
Baroness Royall of Blaisdon
There is the political Government, but I believe that the civil servants of our country—there are eminent former civil servants around this House—can produce unbiased information if required to do so by the Government. Civil Servants per se are able to produce unbiased information, as the noble Lord, Lord Kerr, is acknowledging. I think it is imperative that this should be done.
I want to come back to one issue that was brought up by the noble Lord, Lord Green. Of course I understand people’s fears and concerns about freedom of movement and I understand what he has said about refugees. However, personally, I deeply regret the fact that refugees and the refugee crisis are being brought into this argument. The facts show for themselves that at the moment most refugees wish to go to Germany and Sweden. They are learning the language—it is a prerequisite when they get there; they have to do that—they will have jobs, and I am sure that the majority of them will stay in those countries. But the fact is that these people are fleeing from areas of conflict. People are on the move going from south to north, and they will keep on being on the move until we resolve the conflicts and invest in the regions of the south. I do not think that what is happening with the refugee crisis should have anything to do with the referendum campaign.
My point is not actually about refugees because in seven years’ time they will not be refugees, they will be citizens of the European Union. Therefore the issue that may be in the minds of the electorate, at least, are the implications for us in the future if the European Union has lost control of its southern borders and if the chaos in the Middle East continues, which is quite likely. I am not talking about refugees. There is a lot to be said about them, but in this context we need to have our eyes wide open, and in so far as we can provide some guidance to the public, we should cover this issue.
Baroness Royall of Blaisdon
My Lords, I understand what the noble Lord is saying, but I think we are muddying our feet and that we are in very dangerous waters when we go into these places. By raising these issues we are stoking people’s fears about refugees, and that is not a proper thing to do. At some stage we should discuss these things in more depth rather than in this sort of debate, but I think that it is a very dangerous way forward.
My Lords, I have been listening to this debate all afternoon and I find it very interesting indeed. I also realise that all the amendments are well meant, but I think that the noble Baroness, Lady Royall, has hit the nail on the head. What she wants is unbiased information, and she believes that you cannot get it from the Government because they are in fact biased. I say that because the Prime Minister has just been to Iceland where he made his position perfectly clear, which is that he wishes to remain in the EU. He believes that it is the best thing for Britain to do, so he has made his position absolutely clear. How can the Government be unbiased? The noble Baroness said that we have civil servants and they will be unbiased. Civil servants are never unbiased; they take their lead from the boss, as in fact they should. Knowing that the Prime Minister has gone abroad and said that he believes that the United Kingdom should remain in the EU come what may will condition whatever is put into these reports. We should make no mistake about that.