(4 days, 18 hours ago)
Lords ChamberMy Lords, I will speak to the amendments in my name in this group. Amendments 353 and 355, co-signed by the right reverend Prelate the Bishop of Gloucester and the noble Baronesses, Lady Doocey and Lady Kennedy of The Shaws, relate to a statutory definition of honour-based abuse and a duty to issue multi-agency statutory guidance.
Honour-based abuse is a form of domestic abuse motivated by an abuser’s perception that a person has brought, or may bring, dishonour or shame to themselves, their family or their community. It can take many forms and is often complex to identify, but it centres on controlling individuals to compel them to behave in certain ways or subscribe to certain beliefs. For some, the concept of honour is prized above the safety and well-being of individuals, and to compromise a family’s honour is to bring dishonour and shame. In extreme cases, this is used to justify abuse, disownment or physical harm. Honour-based abuse is not a cultural tradition or religious practice. It is a form of abuse that can occur within any community, regardless of faith or background.
Despite increased reporting to the national honour-based abuse helpline, commissioned by the Home Office, it remains the least prosecuted form of violence against women and girls. Across agencies, it is inconsistently recognised, poorly understood and inadequately responded to. Without clarity, front-line professionals are unsure how to spot the signs, and victims can slip through the cracks.
The need for change is starkly illustrated by the story of Fawziyah Javed. Fawziyah was a lawyer; she understood the importance of evidence and tried to protect herself and her unborn child. She repeatedly sought help, reporting to health professionals, contacting the police and gathering evidence against her abusers, but her situation was not taken seriously. Her case exposes a persistent and systemic failure to recognise honour-based abuse within statutory systems. Multiple perpetrators were involved, but they were overlooked because investigations often focused on a single individual, reflecting approaches designed for intimate-partner domestic abuse rather than the extended, collective and coercive nature of honour-based abuse.
In late August 2021, when Fawziyah made a second report to the police, the risks she faced had still not been recognised. On 2 September 2021, Fawziyah, aged 31, and 17 weeks pregnant with a baby boy, was tragically murdered when her husband pushed her from Arthur’s Seat in Edinburgh. Immediately after this, as was shown in the Channel 4 documentary “The Push: Murder on the Cliff”, he did not call 999; the first call he made was to his own father. This illustrates the family-involved dynamics of honour-based abuse, which are too often overlooked by statutory systems.
Fawziyah’s mother, Yasmin Javed, has led the campaign to ensure that her daughter’s legacy drives meaningful change, and has permitted me to share Fawziyah’s story. Yasmin’s courage and advocacy ensures that survivors’ voices are heard and their experiences are recognised. She believes strongly that the lack of understanding of honour-based abuse and the absence of a universal statutory definition meant that Fawziyah’s experience and the perpetrators were missed.
Fawziyah’s story demonstrates why we urgently need a statutory definition and accompanying guidance, not just for the police and prosecutors but for teachers, social workers, healthcare professionals and everyone who has an opportunity to identify abuse early before it escalates. It will help professionals understand its complex dynamics and act decisively to protect victims.
In August, the Government announced six new measures to tackle honour-based abuse, including legislating, at the earliest opportunity, to introduce a statutory definition and multi-agency guidance. I am very pleased that we are on the same page on that.
Turning to the definition itself, Amendment 353 puts forward a suggested definition that has been developed over a number of years. It is not my definition but the product of sustained work by the sector, legal experts and, most importantly, survivors with lived experience. From 2022, survivors worked with the University of Nottingham to develop a survivor-informed definition. This work identified serious limitations in existing non-statutory definitions and provided a framework that captures the collective and coercive nature of this abuse. Building on this survivor-informed foundation, barrister Naomi Wiseman, drawing on extensive experience in this field, led further work with violence against women and girls sector partners to draft a statutory definition. Through multiple iterations, consensus was reached upon a definition that reflects the complexity of honour-based abuse.
To date, this work has engaged survivors, over 60 organisations and specialist legal expertise. It combines lived experience with professional knowledge to bring clarity, consistency and stronger protections. This process has been truly sector-wide and survivor-led. Survivors’ voices have shaped every iteration, ensuring that the definition reflects the realities of honour-based abuse. I wish to put on the record my sincere thanks to all those involved, particularly the survivors. Their dedication and insight, born from personal experience and gaps in professional responses, has ensured that future victims can be recognised, protected and believed in the ways that they were not.
This survivor-led process has required significant time, expertise and emotional labour, often carried out amid ongoing abuse, ostracism and bereavement. Every consultation involves survivors and bereaved families retelling painful and traumatic experiences. They do this out of a sense of duty, so that their survival can mean something for the many who are not able to speak out. Dame Nicole Jacobs, the Domestic Abuse Commissioner, has welcomed this work. She said: “I recognise the significant progress that has been made to date and emphasise the importance of grounding any definition in survivor experience. I support the ongoing work led by survivors, the specialist sector and Karma Nirvana to ensure the definition is effective”.
Of course, we all want a definition that works, and I therefore welcome the debate to come, so we can agree a definition that is fit for purpose—one that respects survivors’ lived experience and treats their contribution with the seriousness that it deserves. I am grateful to the noble Baroness the Minister and Home Office officials for their engagement to date. I know that work is ongoing on a revised definition, and I hope that we can work together, with survivors, experts and the sector, to return on Report with a workable, legally sound definition that reflects survivors’ experiences, strengthens protection and supports effective multi-agency working.
Timing matters here. For years, survivors, the sector and front-line professionals have called for a statutory definition, and this Bill is the vehicle through which change must be delivered—it really cannot wait any longer. The CPS and police are revising their guidance, which is due mid-next year, and they need a statutory definition in place to do so effectively. The success of this reform will also depend on the rollout of clear, comprehensive communication and training, a commitment that I am pleased to say that the Government have already made for next year. We need the definition to make that effective. For too long, perpetrators have escaped accountability, while victims have been failed. The time to act is now.
I turn to Amendment 354 in my name, co-signed by the right reverend Prelate the Bishop of Gloucester and the noble Baroness, Lady Kennedy of The Shaws; the noble Baroness, Lady Doocey, has tabled a similar amendment in this group. Amendment 354 would recognise honour as an aggravating factor in sentencing. It would ensure earlier identification of honour-based abuse in investigations and prosecutions, and that sentences properly reflect the gravity of the offending. Safeguarding would be strengthened for victims facing risk from multiple perpetrators, and it would also act as a stronger deterrent.
The murder of Somaiya Begum, a 20-year-old biomedical student, exposed a critical gap in the criminal justice system. Despite an active forced marriage protection order, Somaiya was murdered by a family member. Evidence at trial demonstrated the role of family pressures and honour dynamics, yet the court concluded:
“It is not possible to identify a motive for this dreadful attack”.
In his defence statement, the defendant explicitly relied on notions of honour to shift blame on to other family members. Despite this, the judge did not recognise honour in sentencing. This demonstrates how the absence of formal recognition allows key motivations to be overlooked, weakening justice and accountability.
Somaiya’s case and other cases such as the terrible murder of Banaz Mahmod, to which I know the noble Baroness, Lady Doocey, will refer, illustrate several wider systemic failures. Yesterday would have been Banaz’s 40th birthday—and I pay tribute to Banaz’s sister, Payzee Mahmod, who has been a tireless advocate for changes to the law in Banaz’s memory, and whom I have worked closely with on this campaign. I also want to acknowledge Banaz’s sister Bekhal, who is calling for change in this area too.
When we do not recognise the aggravation of honour in the perpetration of these crimes, there are multiple consequences. First, there is the erasure of victims; when honour motivations are not named, survivors and families feel unseen and invalidated, deepening mistrust in the justice system and perpetuating silence. Secondly, there is unreliable data: judgments rarely reference honour, creating the false impression that such cases are infrequent or absent, despite evidence to the contrary. Thirdly, there are low prosecution rates: between April 2024 and March 2025, only 95 honour-based prosecutions were brought, with fewer than half resulting in conviction. Supporting this amendment would address these failures, improve data, strengthen accountability and ensure that courts formally acknowledge honour-based motivations, giving survivors and families the recognition and justice that they deserve.
Given that we are a little later than planned, many noble Lords who were going to speak in favour of these amendments are sadly no longer in their place. That includes the noble Baroness, Lady Kennedy of The Shaws, who, given her long experience, fully supports these amendments, in particular making honour-based abuse an aggravating feature, to send a clear message to communities and sentencing judges.
I pass on my sincere thanks to the Minister for the meeting to discuss this issue with not just her but three Ministers and officials across both departments. I am also very grateful for her own suggestion that she speak to the sector and survivor representatives ahead of this debate to hear from them directly. I listened with interest to the noble Lord, Lord Hanson, earlier in response to the Urgent Question on the VAWG strategy, and I look forward to reading that strategy tomorrow, given his reference a number of times to honour-based abuse.
I appreciate that the Government are clearly working to make progress on this, and I have two questions for the Minister. Will she commit to continuing to work with the sector to bring forward amendments on an agreed definition and guidance for Report? Secondly, while I heard the Minister’s explanation on Monday on existing aggravating factors and sentencing practice, we know from reviewing sentencing remarks in cases of clear honour-based abuse that, in practice, these factors are inconsistently applied and often fail to capture the collective, coercive and family or community-driven nature of the abuse. In that context, could the Minister set out the Government’s position on formally recognising honour-based abuse as an aggravating factor in sentencing?
In conclusion, I pay tribute again to the tireless work and bravery of survivors. Without them the progress on this work to date would not be possible. I would also like to thank Karma Nirvana, whose incredible work supports victims and survivors, brings the sector together collaboratively and campaigns for these life-saving changes alongside over 60 leading organisations. I am deeply grateful to the survivors and sector representatives who attended a briefing for noble Lords here last month. They reminded us plainly that honour-based abuse remains an invisible crime, with invisible perpetrators and, tragically, invisible victims. They told us that making progress on these amendments will save lives, prevent immeasurable harm and deliver recognition and justice for those who deserve it. Fawziyah, Somaiya, Banaz and so many others cannot speak for themselves, but through the courage of their families and advocates, we have the opportunity to act. In their names, I beg to move.
My Lords, I thank the noble Baroness, Lady Sugg, for moving her amendment. This group also includes Amendment 356 in my name and in the name of the noble Baronesses, Lady Jones of Moulsecoomb and Lady Blower, whose support I greatly appreciate. I also thank Southall Black Sisters for their tireless campaigning in this vital area.
I echo the noble Baroness, Lady Sugg, in paying tribute to Banaz Mahmod and to the extraordinary courage of her sisters, Bekhal and Payzee, whose tireless campaigning has kept the spotlight on honour-based abuse in the hope that Banaz’s legacy will drive real and lasting change. Banaz was just 20 when she was murdered by her father, uncle and five male cousins. Her crime? Leaving her abusive husband and having a boyfriend she wished to marry. Her family convened a council of war to plan her killing, claiming that her wish for divorce and choice of partner brought shame on the family and the wider community. She did everything that we tell victims to do. On five separate occasions, she reported rape, violence and threats to kill—even an attempt on her life by her own father. She named those who would later murder her, yet she was not believed or protected. Her murder is not an isolated tragedy but emblematic of wider patterns of institutional failure to identify and respond to honour-based abuse.
That is why I have I have also added my name to Amendments 353 and 355, calling for a statutory definition to be brought forward as quickly as possible, alongside guidance, so that the thousands of incidents of such abuse reported in the UK each year are treated with the gravity they deserve. I too urge the Government not to miss the opportunity presented by the Bill, and I hope that the Minister will provide that reassurance.
Amendment 356 would make honour a statutory aggravating factor in sentencing. A similar amendment in the other place limited this to murder, but here it is deliberately broader. This would ensure that any offence committed in the name of honour is explicitly treated as aggravated in sentencing. It shares the aim of Amendment 354 but, in the absence of an existing statutory definition, it defines the aggravating factor independently, focusing instead on the perpetrator’s conduct and mirroring existing language from racial and religious aggravation laws. This approach would allow the aggravating factor to take effect immediately, while consultations on the definition take place between the Government and the sector.
Critically, Amendment 356 also recognises the frequent involvement of multiple perpetrators and colluders. In Banaz’s case, police estimated that around 50 men were involved, either in the killing or in shielding those responsible. This recognition is vital for improving how agencies identify and respond to such abuse.
I have reflected on the comments made during Monday’s Committee about the concept of honour already being adequately covered in legislation. I do not want to anticipate the Minister’s response, but I imagine she will say that judges are already familiar with the concept of honour and that evidence of its presence will already result in a stiffer sentence.
The Parliamentary Under-Secretary of State, Ministry of Justice (Baroness Levitt) (Lab)
My Lords, I am grateful to the noble Baronesses, Lady Sugg and Lady Doocey, and the noble Lord, Lord Blencathra, for tabling Amendments 353, 354, 355, 355A and 356. I thank all noble Lords for what has been a powerful, moving and interesting debate on this subject. Honour-based abuse is a dreadful thing. I add my voice to those who want to thank all the survivors for their courage and determination in speaking out.
I remember that, when I received judicial training, we were told that we as judges should refer to these horrible crimes as so-called honour-based abuse to make it clear—as was noted by the noble Baroness, Lady Jones, and the noble Lord, Lord Blencathra—that there is nothing to do with honour about them. That said, the Government have listened to the preferences of survivors and the specialist sector, and for this reason I will refer to it only as honour-based abuse. I can see the noble Baroness, Lady Sugg, nodding her head.
The amendments seek to ensure that front-line professionals such as the police, social workers and teachers properly understand and spot this abuse and accurately record and store this information. We absolutely share that objective. As your Lordships will be aware, the Government have already committed, as the noble Lord, Lord Cameron, has reminded us, to introducing multi-agency statutory guidance on honour-based abuse, alongside a statutory definition. We recognise that doing so is a vital step towards providing a clear framework for professionals with statutory safeguarding responsibilities as to how they should identify honour-based abuse. To that end, I thank the noble Baroness, Lady Sugg, for meeting me last week to discuss Amendments 353 and 355. I thank Natasha Rattu of Karma Nirvana, whom I met this morning.
I congratulate your Lordships on the strength of feeling about getting this measure on the statute book as soon as possible. The Government agree that swift action is needed to ensure that professionals have a strong foundation for tackling honour-based abuse, but I would just say that this is an extremely nuanced and complex form of abuse. We need to ensure that the range of abuse experienced is captured and that we do not build in any unintended consequences, to use the phrase used powerfully by the noble Lord, Lord Anderson. To that extent, I agree with the noble Baroness, Lady Gohir, and we are happy to work with her to ensure that we have covered all eventualities.
We must do this once and we must get it right. We owe that to the victims and survivors who have suffered. I am not able today to give a timeline for this commitment or say whether this Bill will be used as a suitable legislative vehicle, but I assure your Lordships that we are getting on with this work and are doing so quickly. My speaking note said “at pace”, but I asked the officials to take it out because it tends not to gain favour in this House. We are doing it quickly, and I can confidently commit to the Government updating the noble Baronesses and the noble Lord on the progress of this work ahead of Report. I hope that provides reassurance to various Members who raised the question of timeliness.
I now turn to Amendment 355A, in the name of the noble Lord, Lord Blencathra, which makes the important point that we need to ensure that data collection and storage by statutory agencies is consistent and accurate. The Home Office already requires all police forces to share data on criminal offences that have been flagged as related to honour-based abuse. This is published annually. But I agree with the sentiment of his amendment and can confirm that, in developing the multi-agency statutory guidance, the Government will consider how to ensure that data in relation to suspected and confirmed criminal offences related to honour-based abuse is properly recorded and stored by front-line agencies.
Amendments 354 and 356 seek to add honour-based abuse as a statutory aggravating factor. As your Lordships are aware, doing so would require courts to treat such offences as having increased seriousness because of the presence of this factor. We completely agree that in principle this is a good thing but, as both noble Baronesses correctly anticipated, we do not believe that creating a statutory aggravating factor is either necessary or desirable.
The reason we think it is not necessary is that the specific elements that make honour-based abuse so serious are already covered in the sentencing guidelines. Judges are already required to treat the fact that an offence involved an abuse of trust or that the victim was vulnerable as aggravating factors. In cases where the abuse is part of a domestic relationship, there is the entire overarching guideline specifying additional factors, which explicitly mentions honour-based abuse. These amendments would therefore unnecessarily duplicate existing guidelines, which the courts are required by law to follow.
I said it was neither necessary nor desirable; I turn now to why it is not desirable. I also speak from experience when I say that the workload of a Crown Court judge is an extremely heavy one, in large part due to the backlog in the Crown Courts inherited by this Government. Adding to the list of statutory aggravating factors significantly adds to the workload of judges when sentencing. For every new aggravating factor, the list of items that a judge needs to state that they have considered, and their sentencing remarks, get longer and longer. I therefore feel strongly that we ought not continually to increase this list, especially when existing guidelines already apply.
The noble Baroness, Lady Sugg, alluded to the fact that I had said this in relation to another group of amendments earlier in the week. These two proposed aggravating factors are the sixth and seventh time that new aggravating factors have been debated in this Committee so far, and I know that there are more proposals for different aggravating factors yet to come. As I hope your Lordships will appreciate, our judges already have a huge undertaking as part of the sentencing process. We wish to avoid unnecessarily burdening them or the process any further, because to do so would risk lengthening individual sentencing hearings, just at the time when we are trying to reduce the backlog in the interests of the very victims we are discussing, among others.
That said, the noble Baroness, Lady Sugg, makes a powerful case and I would welcome further discussion with her as to how we can achieve the objectives, even if not necessarily by adding a further statutory factor—I mention both noble Baronesses in that context. This Government’s priority is to strengthen identification and response through robust statutory guidance and a clear definition, ensuring that professionals have the tools they need to tackle this complex form of abuse effectively. So, on the understanding that we will consider Amendments 353 and 355, which I know are the top priority for the key stakeholders, ahead of Report, I invite the noble Baroness to withdraw her amendment.
My Lords, I thank all noble Lords for taking part in this debate. As I said, it is slightly later than hoped but really is much appreciated. I am grateful for the Minister’s reply and, as I said earlier, her openness to engage on these issues.
On the aggravating factor, I will consider carefully what the Minister had to say and look forward to having ongoing conversations on that. On the definition and statutory guidance, I very much agree that we must ensure that it is fit for prosecution, but we also need to make sure it works for interventions to protect earlier, ideally before any crime is committed. The definition really needs to be survivor-grounded: it needs to reflect their lived experiences and must recognise the impact of multiple perpetrators, the presence of community dynamics, layered coercion and collective control.
I am grateful to the noble Baroness, Lady Gohir, for her contribution. I know that everyone involved in developing the definition and, crucially, survivors themselves are very keen to engage directly with her.
We have been discussing this for many years. The definition and the guidance are the crucial amendments, as they would act as the foundation for the systemic changes we need to see, and this Bill really is the right place to do that. I very much hope that the Government will bring back a revised definition and guidance amendment on Report that is agreed by the sector and survivors. I will do all I can to help on that. If that is not the case, I reserve the right to return to this again, but, on that basis, I beg leave to withdraw my amendment.
(6 days, 18 hours ago)
Lords ChamberMy Lords, we should be grateful to the noble Baroness, Lady Brinton, for her probing Amendments 335A and 335B, raising the problem of wrongful retention of children in the context of the criminal law and, in particular, the Child Abduction Act 1984. Essentially, that Act criminalised the wrongful taking of children, but not their wrongful retention after the end of a permitted period of contact.
In 1984, when the omission of unlawful retention was pointed out in debate on the Child Abduction Bill, as it then was, in another place, it was not addressed by the then Government. Indeed, the opposition spokesman at the time, now the noble Lord, Lord Dubs, said that it must be “for another day”. Moving on to 2012, the continuing discrepancy was highlighted by the decision of the High Court in the case of Nicolaou, referred to by the noble Baroness, which was indeed a classic case of unilateral retention of a child abroad in the face of court orders. In 2014, a Law Commission report speculated about the rationale for the difference between removal and retention cases and recommended what the Bill now seeks to do in Clause 104.
So, 41 years after the noble Lord, Lord Dubbs, spoke of “another day”, it now seems to have arrived. Unjustified retention of a child can be both irresponsible and very harmful. Whether the decision to retain the child is planned or is more spontaneous, it can have a considerable emotional and practical consequence for all concerned, not least the child. I suspect that, with a little more analysis and resolve back in 1984, we would not be where we are today. However, there have been significant developments in the intervening period to make us think about what, if anything, is currently required in legislative terms.
First, as the noble Baroness has mentioned, the Hague Convention on the Civil Aspects of International Child Abduction is now well established as a successful measure that deals with most cases of this sort, providing for the immediate protection and swift return of children to their home country when justified. In most cases, the use of the Hague convention, coupled with any necessary consequential proceedings in the home country, means that the wrongful retention of children is adequately and firmly dealt with in the family courts without recourse to criminal proceedings.
Secondly, there is now a far wider understanding of the nature and effects of abusive and alienating behaviour and attitudes as experienced by mothers and children, and, to some extent, by fathers. This is the sort of behaviour covered by the amendment from the noble Baroness, Lady Brinton. In reality, the retention of children by one parent occurs within a very wide range of scenarios. These are fact-sensitive cases. At one end of the range is the spiteful and vindictive parent who wants to remove the child from the other parent’s life. At the other end of the range are the cases of fearful and protective parents who realise that the child is at risk if returned to the other parent. In between those extremes are any number of variable situations and motivations.
The Law Commission report noted:
“The general policy of the law is that parental disputes about the care of children should be pursued in civil rather than criminal proceedings”.
If that is the general policy, criminalisation should be reserved to a limited number of cases of this sort, and criminal prosecution should be seen as a last resort to mark disapproval of plainly wrongful and harmful retention of a child. Moreover, overlapping criminal and family court proceedings should be avoided wherever possible, and the use of, or threats of, criminal prosecution should remain well out of the armoury of most warring parents. That is why, when resolving Hague proceedings, many parents often formally agree not to instigate or support criminal proceedings against each other. Such agreements remove one source of control and recrimination, and they serve to keep the focus on the children rather than on the parents’ grievances against each other.
I therefore hope that the Government will accept the amendment from the noble Baroness, Lady Brinton, or at least undertake some further analysis of what is needed for cases where the parent concerned is seeking to safeguard themselves or the child from harm. If not, will the Government confirm that any prosecution of these offences will continue to require the consent of the DPP under Section 4(2) of the 1984 Act? Will they confirm that there will be a restrictive approach to the prosecution, and that the guidance on prosecution will be reviewed and updated to cover the important points raised by the amendment?
My Lords, I will speak to Amendments 335A and 335B in the name of the noble Baroness, Lady Brinton. I am grateful to the noble Baroness for setting out these probing amendments, because, as the Minister will know, there is concern that this change will criminalise domestic abuse survivors, who constitute the overwhelming majority of parents involved in retention cases.
As we have heard, Clause 104 is intended to close the gap in legislation, which the Law Commission recommended back in 2014. However, that recommendation did not take domestic abuse into account. Our understanding has evolved significantly since then, and, given our current knowledge of perpetrator behaviour, post-separation abuse and the Government’s stated commitment to end violence against women and girls, we should look at whether implementing that recommendation now would be appropriate. We need to consider the significance of domestic abuse in these proceedings.
On the difference between removal and retention, these actions are not equivalent. Treating them as equivalent fails to recognise that retention often reflects a delayed recognition of abuse, which the parent understands once they are safe among family and friends. As Clause 104 currently stands, these women would be criminalised and therefore deterred from returning with their child. The noble Baroness, Lady Brinton, set out how we could see some perverse outcomes from this.
(3 weeks, 3 days ago)
Lords ChamberI am grateful to my noble friend. We have made progress on all three of those objectives. The Department for Education and my noble friend Lady Smith of Malvern have published an updated curriculum this year, which includes teaching online safety and awareness of healthy relationships. We have already introduced domestic abuse specialists in the first five police forces under what we call Raneem’s law, and we will expand the rollout to more police forces very shortly, as soon as possible. We are also working with key stakeholders on the delivery of legal advocates, and we are hoping to make further announcements on that very shortly.
I welcome the Government’s aim to halve violence against women and girls, but we need to see concrete action to achieve that goal. Female genital mutilation causes immediate and long-term harm and is a crime that is underreported and underprosecuted. The Home Office concluded a feasibility study in 2024 on how to produce robust prevalence estimates for FGM. Back in March, the Minister said that the Government were considering the next step, so can I ask for an update on that?
I am grateful to the noble Baroness for both her commitment and her continued pressure on the Government on these issues. As she knows, in August this year the Home Office announced six new measures to tackle honour-based abuse. One of those measures is to conduct a pilot prevalence study to support the development of a national prevalence estimate for forced marriages and female genital mutilation, and that will build on the work of the feasibility study that concluded in 2024. Work is already under way now on that issue, and I hope to update the House in due course.
(3 weeks, 3 days ago)
Lords ChamberMy Lords, I strongly support this amendment. As the Minister might notice, it is not intended to be dealt with under the Crime and Policing Bill but under the Modern Slavery Act. That means, in a sense, it is probably simpler for the Government to accept it, because it is an improvement to an Act of 10 years ago. I am not quite sure why, oddly enough, the noble Lord, Lord Randall, and I did not think about it in those days, but it was not raised.
When I was a judge, I had the specific example of a child being put into an orphanage by their father, with the intention of a large amount of money being paid eventually for that child to be adopted. The child was in the process of being adopted in England by an American family who came to England. The whole set-up was so unsatisfactory that the child was removed and went into care. The question then was whether the child should go back to the natural parent—the father—but the problem was that he had put the child into the orphanage.
This is a very serious issue that is seriously underestimated and not well known. The very least the Government could do is to amend the Modern Slavery Act.
My Lords, as my noble friend Lord Randall said, I too recently met the Hope and Homes for Children charity. This amendment helps to name, define and criminalise the form of exploitation my noble friend set out. As he said, it is often hidden behind humanitarianism or done in the name of childcare. The deception, exploitation, control and harm that children face in these institutions have all the hallmarks of modern slavery. That is why it is important not to treat it separately from modern slavery. By including it we will, I hope, help to ensure that traffickers cannot claim that they operate as charities, rather than being the exploitative institutions that they are. The amendment would help to close a legal gap and, hopefully, disrupt the financial incentives that create harm. I look forward to hearing the Minister’s response to my noble friend’s arguments.
My Lords, I support Amendment 247A, tabled by the noble Lord, Lord Randall of Uxbridge, who has laid out the case in detail.
It is a sad fact that children, some with living parents, are deliberately separated from their families and placed in residential institutions overseas. These institutions then present these children as orphans to attract donations from well-meaning supporters, often in the UK. The children become commodities: the more vulnerable they appear, the more money flows in. This is exploitation on a grand scale, masquerading as charity, and it is funded in part by British individuals and organisations who often have no idea that they are perpetuating abuse.
Amendment 247A proposes an overdue expansion of the definition of exploitation in Section 3 of the Modern Slavery Act 2015 to explicitly include orphanage trafficking. As the explanatory statement confirms, this new clause would insert a clear definition into the Act that orphanage trafficking means that
“The person is a child who has been recruited into a residential care institution overseas for the purpose of financial gain and exploitation”.
Our approach throughout the Bill’s scrutiny has been to ensure that our legislation is robust and responsive and specifically targets the modern tactics of abusers and exploiters, particularly concerning vulnerable children.
The phenomenon of orphanage trafficking was not adequately understood as a distinct form of modern slavery when the Modern Slavery Act 2015 was drafted a decade ago. In recent years, however, extensive research and reporting, including by UNICEF and specialist organisations working in south-east Asia and Africa, have revealed the scale and systematic nature of this exploitation. We now know that the practice uses the guise of charitable care to perpetrate sustained abuse for profit. This is unacceptable.
By explicitly defining this conduct, Amendment 247A would ensure that the MSA 2015 is fully equipped to address this tragic global issue. We have seen the importance of such clarity throughout the Bill. Just as we have recognised that exploitation evolves, we should now acknowledge orphanage trafficking as an identifiable and compatible form of abuse. This amendment applies the same principle to this particularly insidious form of overseas exploitation.
The amendment serves three critical functions. First, it would provide legal recognition and awareness. This is a necessary first step to legally recognise orphanage trafficking in UK law. This action would raise the profile of a genuine issue that, despite being recognised in jurisdictions such as Australia and New Zealand, remains poorly understood here. It is time this was addressed. Australia’s experience demonstrates that legislative recognition creates public awareness and shifts provision towards sustainable, family-based care models rather than institutional placements.
Secondly, the amendment targets financial facilitators. This is the amendment’s most powerful practical effect. Adding this specific definition to the MSA 2015 would mean that individuals and organisations which provide financial support to these exploitative overseas institutions could be in breach of the Modern Slavery Act. This would allow enforcement action to be taken against them.
Thirdly, it covers international obligations and UK leadership. This amendment aligns with our commitments under the UN Convention on the Rights of the Child and reinforces the UK’s role in setting global standards for combating modern slavery. It demonstrates that our child protection framework extends meaningfully beyond our borders.
Supporting Amendment 247A is a necessary evolution of our anti-slavery legal framework. It would ensure that our commitment to protecting exploited children extends effectively beyond our borders and covers every known facet of trafficking, reinforcing our foundational principle that the law must protect the vulnerable from financial and criminal exploitation.
The UN Convention on the Rights of the Child should be upheld at every level. We hope the Government will support this amendment in order to protect innocent, vulnerable children from this very distressing practice.
(2 months ago)
Lords ChamberMy Lords, I will use my time to focus on the protection of women and girls. The first issue I wish to raise is honour-based abuse—a crime motivated by the perpetrator’s perception that an individual has somehow shamed or may shame a family or community. These crimes, which include devastating honour-motivated killings, female genital mutilation and forced marriage, have happened in the shadows for too long. It has been pointed out that there is a lot in the Bill, but honour-based abuse is not currently mentioned. I am not suggesting a new offence, but I want to ask the Minister whether he will incorporate a statutory definition of honour-based abuse in the Bill, with language strongly supported and agreed by survivors and the groups and charities that work with them, alongside issuing formal guidance to ensure understanding and consistency across agencies.
Offences related to honour-based abuse continue to have the lowest conviction of all flagged crimes, and it remains hidden, misunderstood and underprosecuted. Far too often, cases are misidentified or inaccurately recorded, which obscures the true scale of the problem and limits the protection available to victims. Collective and family involvement is not consistently recognised in investigations, and courts are left without a clear framework to identify and address honour as a motive. A survivor-led and sector-backed definition has already been developed, which recognises the role of collective perpetration, honour-based motivations and the powerful silencing effect of shame. This definition would provide a consistent basis for identification, recording and intervention, and effective protection for those at risk.
I also intend to raise whether the Government will consider adding honour as an aggravating factor in sentencing, which would ensure that honour-based motives are formally recognised by the courts and better reflect the gravity and broader societal impacts of these crimes. The announcement in August that the Government intend to introduce a definition and accompanying guidance was hugely welcome, and this change has been campaigned for for many years by many people, including Yasmin Javed, whose daughter Fawziyah was so tragically murdered in the name of honour. The Bill provides the earliest legislative opportunity to act on that commitment, so I hope that the Minister will be positive in his response.
On other issues relating to women and girls, I fully support my noble friend Lady Bertin’s work on regulating online pornographic content and hope that the Government will take the opportunity to deliver many of her recommendations in her powerful report, Creating a Safer World. I also support my noble friend Lady Owen in her ongoing work on image-based sexual abuse.
Finally, I turn to Clause 191 on the decriminalisation of women in relation to abortion. Noble Lords will have received much correspondence on the subject, and I want to use this time to clarify what Clause 191 does and does not do. Clause 191 removes women from the criminal justice system, meaning that they will no longer be investigated or prosecuted for having an abortion. What the clause does not do is make abortion legal up to birth. There is no change to the 24-week limit. There is no change to the 10-week limit on telemedicine. Abortions would still require two doctors’ signatures to be legally provided, women would still have to meet one of the grounds laid out in the Abortion Act 1967 and, importantly, non-consensual abortion would remain a crime at any gestation. Abortion outside these limits remains illegal, and anybody, including a medical professional, who assisted a woman in obtaining an abortion outside this law would be liable for prosecution.
The reason this clause has been introduced is because more than 100 women, many of them vulnerable and abused, have been investigated by police in recent years, and these investigations have taken many years. Those investigations themselves can prevent women getting the healthcare, mental health support and referral to appropriate support services that they need. I appreciate that noble Lords will want to discuss this clause in more detail in Committee, and I very much welcome that. It is supported by leading medical organisations, and I encourage interested noble Lords to read what they have to say.
I also highlight that decriminalising women in relation to abortion is not unusual. It would bring England and Wales in line with Northern Ireland and 50 countries worldwide, including Canada, Australia, New Zealand and over 31 European jurisdictions—and, indeed, the United States, where women can never be prosecuted for having an abortion. Those countries have laws that criminalise those who provide an abortion, and that will remain the case here.
(5 months ago)
Lords ChamberMy Lords, I will speak very briefly to support Amendment 100. My noble friend Lady Penn and other noble Lords have made the case for this amendment clearly and compellingly. We have heard that better paternity leave can help increase women’s labour force participation and about the other benefits to the economy, and I would just like to add one more. It would also help to narrow the stubborn gender pay gap, which was still at 13.1% in 2024. I hope that all noble Lords would support narrowing that, but at our trajectory we will not reach gender parity for several decades without systemic change. If this amendment passes, it can be part of that change. Analysis of OECD data shows that countries that have more than six weeks paternity leave have a four percentage point smaller gender wage gap than those that do not. I hope that noble Lords from all sides will support this amendment.
(11 months ago)
Lords ChamberMy Lords, the first issue I wish to address is the experience of women in asylum hotels. Like the noble Baroness, Lady Lister, I will highlight the recent report from Women for Refugee Women, Coercion and Control, which was the first of its kind to specifically examine the treatment of asylum-seeking women in hotels. The noble Baroness explained some of the deeply concerning findings from the report.
The impact on women’s mental health is severe. According to the report, 91% of women felt anxious or depressed and nearly half had suicidal thoughts. As the Minister will be aware and as the noble Baroness highlighted, many of these women have fled horrific circumstances and endured a traumatic journey to the UK. What they are now experiencing in hotels only compounds their suffering. The report calls for an end to the use of hotel accommodation, immediate action to address its harmful effects and the provision of safe and supportive accommodation. I welcome the Government’s commitment to prioritise survivors of gender-based violence and ensure that they receive the support they need. Can the Minister reassure us that this will include survivors who are seeking asylum?
My second point concerns the financial impact of hotel costs on the UK’s important work overseas. In 2023, the Home Office was allocated nearly £3 billion, or 20% of official development assistance. The UK reports the highest costs per refugee of any country—over 30% higher than the next-highest country, Ireland, and 150% higher than the next-highest G7 country. These statistics highlight the need for urgent action to control costs. Of course I acknowledge that it was a previous Conservative Government which cut the development spend from 0.7% to 0.5%—a decision I deeply regret—but our in-country refugee costs, the vast majority being hotel costs, were partially offset by the previous Government in the 2022 Autumn Budget, with an additional £2.5 billion in ODA funding to help manage the pressure on refugee services. Despite comparable pressures now, this additional funding was not repeated by the Government in their Budget in the autumn, leaving the FCDO facing, yet again, significant and sudden cuts to its programmes.
I very much welcome the news earlier this month of an additional £540 million of funding for the FCDO, which, thankfully, avoids hitting a 17-year low in spending on our overseas programmes. This amount was from the increase in gross national income and a fall in spending on domestic refugee costs. I know that the Minister supports transparency in government spending, so can he clarify how much of this £540 million was due to the fall in spending on asylum hotels?
Success in our development work benefits not only the countries we work with but also us here at home. Done right, it can help to tackle many of the drivers of illegal migration in the first place. But it requires certainty and long-term planning—something that, sadly, has been impossible in recent years. This is yet another reason to urgently reduce the backlog and move to ending the use of hotels for asylum seekers.
(1 year ago)
Lords ChamberMy Lords, I thank my noble friend for introducing this debate. The Domestic Abuse Act 2021 was an important step forward but, as my noble friend Lady May said, it must be fully implemented as soon as possible and more must be done to eliminate all forms of domestic abuse.
Considering sexual and reproductive coercion first, pregnancy is widely recognised as one of the most dangerous times for women with abusive partners. Around 30% of domestic abuse begins during pregnancy, while 40% to 60% of women experiencing domestic abuse are abused during their pregnancy. In abusive relationships, perpetrators often seek to control every aspect of their partner’s life, including their reproductive choices. We have seen abusers coercing their partners into pregnancy by destroying birth control methods and forcing sexual activity without consent.
Women can be forced into carrying a pregnancy to term against their will, through threats, physical violence or emotional manipulation, with forced or coerced pregnancy being more common than forced or coerced abortion. That can be further impacted by mental health issues, isolation, financial control and fear of the retaliation that they can experience. In his response, I hope that the Minister can outline what steps the Government are taking to ensure that reproductive healthcare services are adequately equipped to recognise and support individuals experiencing domestic abuse.
Turning to honour-based abuse, campaign groups are calling for a statutory definition of honour-based abuse, including Karma Nirvana through its Push4Change campaign, in memory of Fawziyah Javed and the countless other women who have been killed through honour-based abuse. Introducing a statutory definition would provide much-needed clarity for victims, professionals and legal systems. It would help ensure that the abuse is properly recognised and responded to, and that this form of abuse is recognised for what it is: a form of gendered violence that needs to be eradicated. Can the Minister say whether the Government will support a statutory definition?
We are tragically seeing an increasing rate at which women are dying as a consequence of domestic abuse. Domestic homicide reviews should play a crucial role in understanding the circumstances surrounding domestic homicides and preventing future deaths. Organisations have raised concerns about the number of repeated recommendations emerging from DHRs, which show little systemic change. There are concerns about the lack of accountability for recommendations, the inconsistent quality of reviews across different regions and the insufficient focus on the victim’s experience. Can the Minister say what steps the Government are taking to ensure that DHRs lead to meaningful, consistent improvements in response to domestic abuse? The process of learning lessons from past tragedies must be more effective and impactful.
(1 year, 1 month ago)
Lords ChamberOf course. My ministerial colleague Jess Phillips in the House of Commons is undertaking this review as we speak in relation to the services and support. I remind noble Lords across the House that we are four months into the Government. The previous Government committed themselves to a formal review. The evaluation of that review is taking place. We are examining that now in view of the representations not just in this House but in a wider context, against the derogation of Article 59. We will review that in due course.
My Lords, I am pleased that the previous Government finally ratified the convention in 2022, albeit with some reservations. The convention highlights the importance of prevention through education and awareness. What steps are the Government taking to incorporate education on gender-based violence and healthy relationships in schools and public campaigns, and how will they measure the impacts of those initiatives?
The Government have a very strong strategy for a mission against violence against women and girls. There are a number of points in that plan but one of its key elements is how we can raise education in schools, particularly for young males and against some role models that now appear on social media and elsewhere. It is an extremely important question that we are trying to evaluate and take forward shortly as part of the plan to halve violence against women and girls. I hope that the noble Baroness can then comment on it and help to support the Government in implementing it.
(2 years, 5 months ago)
Lords ChamberMy Lords, I rise to speak to Motion N1 in my name, which is just ahead of the Motion in the name of the right reverend Prelate the Bishop of Manchester. This is a rather different point; it relates to a situation where there may be a stand-off between the Home Office and the local authority.
Picture a child who is either being accommodated under Part III of the Children Act or for whom a judge or magistrate has made a care order which the local authority is complying with, and the Home Office, according to Clause 16, wishes the child to be removed in order to send them back to their parents or to some other place. Although it said to use it only occasionally, it does not say in Clause 16 that the local authority should be consulted or, rather more importantly, should actually consent. In particular, if there is a care order, that is an order of the court. As far as I can see, it would be very difficult for the Home Office just to pick the child up and take them away where there is a court order saying that the child must live with the family, or whoever it may be, arranged by the local authority.
Quite simply, what I am seeking is that the Secretary of State should bear in mind all these things and not just consult the local authority but gain its consent to the removal of the child from its care. It is a very simple proposition.
What I would like from the Minister is either an assurance that the Secretary of State will do that, or that he will take it back to the Home Office for the Secretary of State to consider and agree to it. I do not propose to put this issue to the House, but it is very important that the Home Office’s interaction with local authorities under Clause 16 be clarified and that the Home Office recognise the fact that it cannot just remove a child if it is contrary to the Children Act.
My Lords, on the narrow issue of the detention of pregnant women, I thank the Government and the Minister for listening to and considering carefully the arguments made in your Lordships’ House and acting on them. Thanks to the many who made the case, and the government amendment, the existing protection of a 72-hour time limit remains in place. That is a small change, but it will make a big difference to the women in question, and for that I am very grateful.
My Lords, on these Benches, we support Motions E1, J1, K1, N1 and N2. We welcome the Government’s Motion L on time-limiting detention for women who are pregnant. This suite of Motions is about the depriving of liberty of some of the most vulnerable people who reach these shores and, in particular, the welfare of children.
Government Motion J is narrow, as the noble Baroness, Lady Mobarik, said. It is a limited concession, and as Tim Loughton pointed out in the other place yesterday, unaccompanied children’s arrivals are to be treated the same way as adult arrivals in terms of their detention for initial processing, and the amendment proposes nothing for unaccompanied children detained for those purposes.
As the noble Baroness, Lady Mobarik, said, for those who are deemed in detention for removal, there is no automatic condition of eight days; there is a condition that, at that point, a child can ask for bail. Just think of a 10 year-old child in detention: how will they have the support to be able to ask for bail? It is for that reason that, if the noble Baroness moves Motion J1 to a vote, these Benches will definitely support her. The same is true for the right reverend Prelate the Bishop of Manchester’s Motion on unaccompanied children.
I support Motions N1 and N2, and particularly the points made by the noble and learned Baroness, Lady Butler-Sloss. Throughout the passage of the Bill, these Benches have asked on a number of occasions, as have other noble Lords throughout the House, what the role is of the corporate parent—the local authority—under Clause 16. To date, the Minister still has not answered that question. It is really important that the Minister says something from the Dispatch Box; otherwise, this will end up in the court, given the contradiction between the Bill and the provisions in the Children Act 1989, particularly Sections 17 and 47. That is why it is important that the assurance the noble and learned Baroness asked for be addressed by the Minister now. We believe that Motions E1, J1, K1, N1 and N2, if put to the House—particularly Motions J1 and K1—will add a little more humanity, kindness and compassion to the Bill.