Crime and Policing Bill

Baroness Sugg Excerpts

Committee stage
Monday 15th December 2025 Lords Chamber

[Lord Meston (CB)]

My 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?

[Baroness Sugg (Con)]

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.

Violence Against Women and Girls

Baroness Sugg Excerpts

Thursday 27th November 2025 Lords Chamber

[Lord Hanson of Flint (Lab)]

I 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.

[Baroness Sugg (Con)]

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?

[Lord Hanson of Flint (Lab)]

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.

Crime and Policing Bill

Baroness Sugg Excerpts

Committee stage
Thursday 27th November 2025 Lords Chamber

[Baroness Butler-Sloss (CB)]

My 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.

[Baroness Sugg (Con)]

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.

[Baroness Bakewell of Hardington Mandeville (LD)]

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.

Crime and Policing Bill

Baroness Sugg Excerpts

2nd reading
Thursday 16th October 2025 Lords Chamber

[Baroness Sugg (Con)]

My 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.

Employment Rights Bill

Baroness Sugg Excerpts

Report stage
Wednesday 16th July 2025 Lords Chamber

[Baroness Sugg (Con)]

My 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.

Asylum Seekers: Hotels

Baroness Sugg Excerpts

Monday 20th January 2025 Lords Chamber

[Baroness Sugg (Con)]

My 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.

Domestic Abuse: Victims and Survivors

Baroness Sugg Excerpts

Thursday 12th December 2024 Lords Chamber

[Baroness Sugg (Con)]

My 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.

Istanbul Convention: Article 59

Baroness Sugg Excerpts

Tuesday 12th November 2024 Lords Chamber

[Lord Hanson of Flint (Lab)]

Of 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.

[Baroness Sugg (Con)]

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?

[Lord Hanson of Flint (Lab)]

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.