Children’s Wellbeing and Schools Bill

Baroness Thornton Excerpts
Tuesday 20th May 2025

(4 weeks, 2 days ago)

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Baroness Thornton Portrait Baroness Thornton (Lab)
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My Lords, here we go in Committee and here we have had, probably, our first Second Reading speech from a colleague. I will not make a Second Reading speech; I will address this amendment, which I think is unnecessary. We have a perfectly sensible, comprehensive description of what this Bill seeks to do. We do not need another list in the Bill.

Lord Farmer Portrait Lord Farmer (Con)
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My Lords, I welcome the opportunity that the purpose clause from my noble friend Lady Barran has given us to range far more freely than the tightly timed Second Reading allowed. I could only comment on what was in the Bill and pay scant attention to what I sensed was lacking. Part 1, and therefore the first half of the purpose clause, is where my sights are set in this Bill: improving the safety and well-being of children and improving the regulation of children’s homes, fostering agencies and other settings where looked-after children are accommodated. We heard from my noble friend about Professor Eileen Munro’s letter to the Times yesterday. She robustly supports the expansion of early help. It is in the provision of this where the Bill needs strengthening and greater specificity: for example, about the role of family hubs, which are not even mentioned.

A complex system of professionals and safeguarding arrangements is being restructured and key processes changed or removed, without it being clear what functions they are already performing or their place in the bigger picture. I was on the design group of the Independent Review of Children’s Social Care—I mentioned that at Second Reading—and my most detailed offline discussions with the review team were on this restructuring, which I can see might be perceived to be finicky and potentially unnecessary. I am hearing concerns from directors of children’s services, and now from Professor Munro, that these reforms could weaken child protection, at a time when we are trying to batten down the hatches with, for example, the single unique identifier. As I will keep saying during Committee, I am concerned, as I was during the independent care review, that we are trying to do by process what we should be doing through relationships between professionals.

Does the Minister agree with the Department for Education spokeswoman, also quoted in the Times, who said that Munro’s criticisms

“demonstrate a lack of understanding of the proposed reforms, which have been widely supported and rebalance the system away from crisis intervention and towards earlier help”?

In other words, does she think that this eminent professor has not grasped her Government’s plans? Can she name current directors of children’s services who are enthusiastic about this restructure?

Child protection is the business of everyone who is involved with families and children, hence my amendments later in the Bill for family hubs to be included in safe- guarding arrangements. Of course, not all local authorities have family hubs yet, but an audit of the family hubs network carried out for Nesta earlier this year found 973 family hub networks in 133 out of 151 upper-tier councils, so the vast majority now have family hubs.

I and other Members in this Committee, particularly the noble Baronesses, Lady Armstrong and Lady Longfield —whom I welcome somewhat belatedly, but no less warmly—have been urging all Governments to commit wholesale to family hub rollout across the country. Their propagation is unfinished business from both the founding of the welfare state and the full implementation of paragraph 9 of Schedule 2 to the Children Act 1989, as I have said many times before. Hence I support the proposed new clause from the noble Baroness, Lady Bennett, which would require local authorities to provide family support.

Health, education, social work and other arms of the state all have to pick up the pieces when families falter. The concept of family support needs presence in a community, so that parents in danger of splitting up have somewhere to turn; ex-partners going through a separation that is beginning to look messy can get early intervention in the form of mediation, after careful triage; and parents losing control of their teenagers can get support before they get drawn into gangs. The support that families need in myriad ways is co-ordinated and accessed through family hubs and their network of buildings and organisations, through a respectful, relational approach.

Of course, there is variability, and only 75 local authorities’ hub networks are funded. They are also tightly managed by the Department for Education’s family hubs and Start for Life programme. Since 2007, I have been working with Dr Callan to implement a hallmark of the family hubs network: its responsiveness to local needs. Many local authorities have a great track record in opening successful family hubs; they have told the family hubs network that they have had to slow down the rollout of services to older children, so that they could dot the i’s and cross the t’s required by the Start for Life programme.

I am a firm believer that family support has to start in maternity, and ideally earlier. That early intervention is far more easily achieved when local family support professionals have built relationships with parents, carers and children from the earliest days. I have amendments later in the Bill that would ensure that parents know where to get that help and support in their local area, by requiring local authorities to publish a Start for Life offer. That support should continue when a mother has, tragically, had a newborn, or often older children, removed from her care. Case files from the family courts show that history repeats itself and that judges can take as many as 14 or 15 children away from the same mother. Our care for the mother should not end when a child is safe, given the likelihood that the safety of future children will also have to be secured.

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Lord Nash Portrait Lord Nash (Con)
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My Lords, I will not repeat my Second Reading speech. I draw attention to my interests on the register, particularly the fact that I am chair of a multi-academy trust.

Regarding subsection (1)(a) of this proposed new “Purpose” clause, the Long Title states that it is to make

“provision about the safeguarding and welfare of children”.

Nothing that we could do to further that endeavour could be greater than to restrict access to social media to those aged over 16. That is why I have tabled Amendment 177 to that effect. Despite what the noble Lord, Lord Blunkett, for whom I have a huge amount of respect, said, this is so central to the overriding purpose of the Bill that I will take a few moments to elaborate.

I think we all know naturally that social media is very harmful to our children, but there is now an overwhelming body of evidence to support this. I recommend that anybody who has not done so reads the excellent book The Anxious Generation by Jonathan Haidt. We want our children to be brought up confident, able to engage in deep thought, reflective and able to concentrate, to exercise judgment, to see the other side’s point of view, to be compassionate et cetera. We also want them to get a good night’s sleep. Smartphones and social media set up exactly the opposite behaviours.

In the 2022 PISA assessment, our children were in the bottom 10 of 31 countries in areas such as curiosity, perseverance, emotional control, stress resistance or grit, empathy and co-operation. There is now a strong body of clinical evidence on the harm that excessive use of smartphones and social media is doing to our children’s brains and eyesight.

Adolescence is a period of life in which our sense of self undergoes a profound transition. As teenagers become more conscious of how others see them, they often experience increased self-consciousness and self-criticism. Social media and the algorithms attached to them serve only to amplify this.

We also know that the adolescent brain is particularly susceptible to addictive behaviour. Constant exposure to fast-paced, highly stimulating content can condition the brain to expect frequent, rapid rewards, making it harder to sustain focus and concentrate. Numerous studies have shown the causal link between screens and the use of social media and sleep and depression.

A recent UCL study corroborated the link between social media and eating disorders and found that young people with eating disorders are more likely to be shown harmful content by social media algorithms. Samaritans research has shown that young people frequently see self-harm and suicide content across all social media sites, some of which display particularly graphic and triggering content, and almost three-quarters of teenage girls think that social media creates more pressure for them to look a certain way. Nearly one in five people arrested for terrorism-related offences in the past year was a child under 18. The Metropolitan Police has attributed this rise to social media, saying:

“You have the combination of the overt social media and then closed messaging apps”.


Social media has significantly expanded the reach of criminal drug networks, particularly among teenagers and young adults. Numerous studies in the UK have shown that gangs view social media platforms as essential tools for drug trafficking and gang recruitment. Parentkind tells us that more than 90% of parents think that social media is harmful to children and that more than 80% of parents feel that the age limit of 13 for signing up is too low. Australia has raised the limit to 16, Ireland is considering doing so and the EU is now considering similar measures. Bill Gates has described what Australia is doing as “a smart thing”, and we know that many people who work in the tech industry severely restrict their children’s use of social media and smartphones and often send their children to very screen-light schools.

Teaching unions have strongly pointed out the dangers of social media. The president of ASCL has said:

“It leaves a trail of harm—safeguarding concerns, fractured friendships, bullying, anxiety, and the spread of extremist ideologies. And increasingly, it is being weaponised against schools and teachers, with disgruntled parents using it as a platform to target staff”.


The general secretary of the NEU has said:

“We have to view the online world, social media and mobile phones in the same prism as we view the tobacco companies. These are harmful to our young people and they need regulating”.


The general secretary of NASUWT has described mobile phones as “lethal weapons”. Why should we let the consequences of this fall on our hard-working teachers, who have enough to do as it is?

The movement in support of the thinking behind my amendment is growing rapidly. We now have Health Professionals for Safer Screens, Smartphone Free Childhood, the Safe Screens campaign, the Unplugged Coalition and many other organisations.

Speaking to subsection (1)(b) of the proposed new clause and turning to improving

“the regulation of children’s homes, fostering agencies and other settings”,

I will sound just one note of caution. I am totally in favour of cutting out the cowboys, but the Government should exercise their powers to restrict profits and impose unlimited financial penalties with caution. Residential settings for children and other groups are very out of favour in the private equity space, and further restrictions on their financial flexibility can only reduce capacity. The public sector has no money, as we all know, so in order to increase capacity, private sector professional operators must be encouraged.

Baroness Thornton Portrait Baroness Thornton (Lab)
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This is a Second Reading speech, but it is very interesting. Does the noble Lord accept that the charitable sector and social enterprises probably have quite an important role to play in the delivery of residential care for children and that flexibility will help with the finances of that because they are not in the business of making excess profits?

Lord Nash Portrait Lord Nash (Con)
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There are many in the charity sector that are professional, but there are many others. I do not think we disagree about this.

Turning to other settings, I am an adviser to the Royal National Children’s SpringBoard Foundation, which works with more than 200 independent and state boarding schools across the country to support care-experienced and vulnerable children into often fully funded school bursary places. A significant proportion of the almost 300 children supported since 2021 are either with foster carers or in kinship care arrangements. Those in kinship care arrangements have achieved a 100% stability rate, which means that they have not needed to change carers, and those in foster care a 98% stability rate. Independent research by the University of Nottingham shows that they are four times more likely to achieve good GCSEs when compared with a matched control group, and 75% of them are going to university versus just 13% of care-experienced young people nationally. RNCSF is working hard to expand this provision, and I would be grateful if the Government could consider meeting its representatives to discuss how they can help it to do this further. Perhaps the Minister could indicate that she or one of her colleagues is prepared to meet them. They are good people.

For Women Scotland v The Scottish Ministers: Interim Update

Baroness Thornton Excerpts
Thursday 1st May 2025

(1 month, 2 weeks ago)

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Baroness Smith of Malvern Portrait Baroness Smith of Malvern (Lab)
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In terms of the clarity of the judgment, as we discussed last week in response to the statement, work is already going on across the health service and other parts of government service. But, as with other judgments, the important clarity around some of the complexities in the application of this judgment will be provided through the statutory code that the EHRC is producing. I look forward to that.

Baroness Thornton Portrait Baroness Thornton (Lab)
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My Lords, notwithstanding what the chair of the EHRC has just said to the House, it is quite clear from businesses, the hospitality industry and, today, the Football Association, that its interim guidance has created huge confusion, so I would like my noble friend the Minister to confirm for the House that the EHRC interim update is just an update: it is not legally binding. Can that please be made clear by the EHRC?

Baroness Smith of Malvern Portrait Baroness Smith of Malvern (Lab)
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I think I have been clear to this House, both today and last week, that the statutory code of practice that the EHRC is responsible for producing will be the legal basis on which there will be interpretation of the judgment. I welcome the noble Baroness the chair of the EHRC’s commitment to ensuring that there will be wide consultation on that.

Children’s Wellbeing and Schools Bill

Baroness Thornton Excerpts
Thursday 1st May 2025

(1 month, 2 weeks ago)

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Baroness Thornton Portrait Baroness Thornton (Lab)
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My Lords, do not worry about cross-party co-operation between the noble Lord, Lord Russell, and me. We hope to influence the Bill in some ways. I am delighted to welcome this early Bill and the priority that my Government have given to this issue. I also congratulate the noble Lords who made today’s maiden speeches. I want to raise two matters. One is about what is not in the Bill and one is about what is.

I agree with Coram’s brief that babies, infants and early years are missing from the Bill. I know it is not because there is not work being done on early years, but the Bill contains “Children’s Wellbeing” in its title so surely we need to address baby, infant and early years well-being. I declare an interest as a trustee of the charity Roots of Empathy UK, whose programmes are about reducing aggression, increasing sharing, caring and inclusion, and promoting resilience, well-being and positive mental health. Its work would be an appropriate matter for discussion during the passage of this Bill.

While I applaud free breakfasts to start the day, ensuring the school readiness of our youngest must include more—for example, speech and language development, particularly for those who need it. One in five children is faced with these challenges, and recent research says that children with speech and language challenges are being unfairly punished in our schools. The excellent work of organisations such as Speech and Language UK has informed the policy in this area for successive Governments, including my own, and during the passage of the Bill it would be good to explore the vital nature of this work and its importance to children’s well-being.

Now turning to what is in the Bill, I welcome the commitment to improve the children’s social care placement market and tackle the profiteering going on there, which the party opposite has allowed to happen for the past 14 years. Measures include establishing a financial oversight regime to increase transparency for care providers and their corporate owners. I welcome measures to enable the Secretary of State for Education to implement a cap on the profits of non-local authority providers of children’s social care, but I am concerned about the words,

“if other market intervention measures do not have the desired effect”.

We already know that the market does not work, so why would we wait?

I support the creation of regional care co-operatives, which may transform the commissioning landscape, but I hope it also means that social economy and charity solutions will be considered. I commend to my noble friend the Minister the Juno project in Liverpool, the Lighthouse Pedagogy Trust and Social AdVentures in Manchester in rethinking residential children’s services.

I have three final matters. I support improvements to the Bill to protect children from corporal punishment within the family. I have worked on that with other noble Lords across the House for the 27 years I have been here.

I agree with the noble Baroness, Lady Burt, on new faith schools, which should be subject to the 50% cap on faith-based selective admissions that currently applies only to faith academies. With the noble Baroness, I will also be asking why we have a daily act of worship.

The last matter is one that I know I will not be alone in raising: the Who is Losing Learning? Coalition found that, for every child formerly permanently excluded, 10 more are moved through informal and unregulated means. That amounts to more than 30,000 children, a conservative estimate, being shifted around the system with little or no oversight. Alarmingly, that lack of accountability means that in many cases no one, including the Department for Education, can say with certainty where these children are.

There are many challenges, and I look forward to working with my noble friend the Minister and other colleagues across the House.

“For Women Scotland” Supreme Court Ruling

Baroness Thornton Excerpts
Thursday 24th April 2025

(1 month, 3 weeks ago)

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Baroness Smith of Malvern Portrait Baroness Smith of Malvern (Lab)
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I am sure that the Civil Service, we as lawmakers and all public bodies will look carefully at this ruling and the statutory code of practice that will be brought forward by the Equality and Human Rights Commission. I add that, the last time I was asked, I referred to a woman as an adult female from this Dispatch Box—that was before the ruling.

Baroness Thornton Portrait Baroness Thornton (Lab)
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My Lords, if noble Lords read the whole document, they will see that the judge recognised the sensitivity of his judgment. My noble friend the Minister has also recognised the need for compassion, respect and dignity, so I ask her whether the Government can ensure that the EHRC, in producing guidance, will give the trans communities their right to be consulted in the creation of the new guidance and information shared with the public. Can the Government ensure that the EHRC will look at this very carefully before it is announced?

Baroness Smith of Malvern Portrait Baroness Smith of Malvern (Lab)
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One of the important things about the EHRC’s production of the statutory code of practice, and other forms of guidance, is that it consults as widely as possible, as my noble friend outlined. That is one of the ways that everybody will be able to be confident about their rights and the rights for trans people that remain in the law now.

International Women’s Day

Baroness Thornton Excerpts
Thursday 7th March 2019

(6 years, 3 months ago)

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Baroness Williams of Trafford Portrait The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
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My Lords, it gives me great pleasure to open this International Women’s Day debate—for the fourth year running, I think. International Women’s Day provides us with the perfect opportunity to come together, to celebrate the remarkable achievements of women and to commemorate the great progress we have made and continue to make. Around the world today, women and men will be marking this celebratory occasion in various ways. There will be events in local communities, discussions in places of work, arts performances in schools and debates across countries, much like the one taking place today in your Lordships’ House, and it is a privilege to be just one part of these celebrations.

We have come a long way in a short time and we should celebrate all that we have accomplished. Last year, in particular, was an outstanding year for women’s progress, and I want to highlight some of our incredible achievements. We allocated £5 million of funding to mark the centenary of voting rights for women. This money funded over 300 projects that raised awareness of this crucial milestone and encouraged more women, in particular, to participate in democracy, building a diverse political system that reflects the nation it serves.

For example, the Courage Calls event built on the Ask Her to Stand model, featuring workshops hosted by parliamentary experts and discussions with serving MPs, and providing help and guidance for 350 women to get on that crucial first rung of the political ladder. I hope to see some of the women who participated enter Parliament as sitting MPs one day.

There was the Centenary Cities fund, allocated to seven towns and cities to celebrate their suffrage history. These cities hosted a range of exciting projects to celebrate as well as remember those individuals who helped to make votes for women a reality. Let me give your Lordships a taste of what was on offer. In Manchester, we had cycle rides through history, touching on the lives of some of the women who made important contributions to the cause of women’s suffrage. In Nottingham we had banner-making workshops, encouraging people of all ages to celebrate the anniversary of the Representation of the People Act 1918. In Bristol we had the Black Women 100 event, which unearthed stories about the incredible women of colour who fought for the right to vote in the early 20th century. This is just the tip of the iceberg. I know that in Leeds, Bolton, Leicester and London there were hundreds, if not thousands, of other events, which took place as part of the celebrations.

Of course, we had the statue of Millicent Fawcett—the first statue of a woman to stand in Parliament Square—and the statue of Emmeline Pankhurst in my home city of Manchester. It was a huge privilege to be part of the unveiling, and what made it so special and so significant for me was the fact that my daughter was watching from the building opposite, where she works. I know she wished to work for her employer due to its proven track record on gender equality, which makes me incredibly proud of her. I am certain that all these statues will serve as a reminder to all us of the courage of our foremothers, and will inspire future generations of women and girls to come.

In November, we hosted Women MPs of the World. More than 100 female MPs from across the world participated, and we witnessed history as the House of Commons Chamber, for the first time ever, was filled solely with women. It was a herculean task to pull it off. I must pay tribute to the right honourable Member for Camberwell and Peckham. It started as her idea and evolved into a collaborative effort of two political parties, three government departments and three arm’s-length bodies to fly in around 100 female MPs from around the world to participate in receptions, plenary sessions and workshops here in Westminster. It demonstrated the power the House has when we all pull together.

Last year’s work has left a lasting legacy that will undoubtedly provide greater opportunities and influence for women in our society. But the fight for equality did not stop last year. We need to carry forward the momentum from the centenary year to make sure that our progress towards gender equality does not stall.

We know that inequality still persists across the world. Globally, one in three girls or women has been beaten or sexually abused in her lifetime. Every two minutes a woman dies in pregnancy or childbirth. Over 200 million women living in 30 countries have undergone female genital mutilation. In the UK, we know that women are much more likely to have time out for caring, with lasting impacts on pay and progression. Nearly 90% of those not working due to caring for home and family are women. The gender pay gap still stands at 17.9%. Until we have true economic, social and gender parity, we will never be equal.

This year’s theme for International Women’s Day is “Balance for Better”. With that in mind, I want to look to the future. I want to talk about what the Government are doing to ensure we have better balance in our society and how we are delivering for women and girls.

Yesterday, the Government published the refreshed violence against women and girls strategy, which sets out how we are going further and faster in our response to these terrible crimes. Much has changed in the three years since the Ending Violence against Women and Girls strategy was published. We have a better understanding of the effects on victims and have seen increased public awareness through the #MeToo and Time’s Up campaigns, which is welcome.

The refreshed strategy will implement a review of the criminal justice response to rape and serious sexual violence, which is crucial to ensuring that victims and survivors see the justice they so desperately need. I welcome increased reporting of these crimes, which shows that more victims have the confidence to come forward, but we must ensure that the police, the Crown Prosecution Service and the response through the courts are as robust and effective as can be. We will also develop guidance for providers and commissioners on best practice in supporting LGBT victims of VAWG, as well as reviewing our national statement of expectations to ensure that VAWG services delivered locally are as effective as they can be. Sadly, violence is something that touches many of our lives. We must do all we can across government, working with statutory agencies and specialist third-sector organisations, to support victims and bring perpetrators to justice.

Later this spring, we will publish our gender equality and economic empowerment strategy, setting out our plans to address the persistent gender-based barriers that women—and men—face across the country at every stage of their lives. The strategy will focus on four key themes: entry and progression in the workplace, especially for those far from the labour market or in low-paid, low-skilled work; optimal choice over parental leave and childcare; economic well-being in later life; and attitudes and social norms about the roles that men and women play.

My right honourable friend the Minister for Women and Equalities shared her emerging thinking about the strategy with a wide range of stakeholders on Monday this week. She set out that a key theme will be tackling the financial fragility that impacts on some vulnerable women and girls. As a compelling example of this, she announced that she will be convening an expert cross-sectoral task force to find sustainable ways to address period poverty in the UK, along with UK aid support for projects tackling period poverty and stigma globally.

The gender pay gap reporting deadline for year two is less than a month away. Our world-leading legislation meant that, for the first time last year, over 10,000 employers reported their gender pay gap, providing an unprecedented level of transparency, driving board-level discussions and pushing employers to take real action to close the gap. In fact, Bloomberg liked our model so much it has integrated our key measures into its gender equality index for investors.

Reporting is just the start; it is crucial that employers use their gender pay gap data to identify the barriers to women’s recruitment and progression, and take action to break down these barriers. We had 100% compliance last year and we expect the same this year. We saw the gender pay gap fall to its lowest level ever of 17.9%, but it will take until 2052 at this rate—

Baroness Thornton Portrait Baroness Thornton (Lab)
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We will not be here any more.

Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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No, we will not—to eradicate it completely in the UK, and much longer globally. We have to do better.

We have committed £5 million in funding to help people return to work after time out for caring and to find jobs that use their valuable skills and experience. In addition to the initial £5 million fund we established for returners in 2017, a further £500,000 has been provided to support those with additional barriers to participating in the labour market. This may include people with complex needs or multiple barriers, such as substance abuse or homelessness. We have gone even further, and an additional £100,000 of funding has been announced to support those people with little or no work history. We have also launched best practice guidance and a toolkit to help employers run effective returner programmes. We urge them to make the most of these publicly available resources.

Gender equality is a global issue. I recently attended a gathering in Spain of Ministers from across Europe. While we are leaving the European Union, we are clear that we will continue to work with partners in Europe and across the world to ensure that women and girls have the same rights and opportunities as their male counterparts.

I conclude by saying again that I am proud to participate in today’s debate with so many staunch advocates of gender equality. I am proud to be part of this Government, and it is an honour to be part of the work we are doing and will continue to do to fight for gender equality across the UK and the world. We are making great progress and it is only right that we celebrate how far we have come. Now, all I ask of you is to keep working together, especially in these challenging times, to think about how we can balance for better, and how we can ensure that gender equality becomes a reality sooner rather than later. I beg to move.

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Baroness Thornton Portrait Baroness Thornton
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I agree with the noble Baroness—it was great to start the debate with the excellent opening speech by the noble Baroness, Lady Williams. She mentioned things we need to celebrate in the past year: the anniversary of the Sex Disqualification (Removal) Act, which allowed women to become barristers, solicitors, jurors and magistrates, and of Nancy Astor taking her seat, and the unveiling of the Fawcett statue in Parliament Square, which was a wonderful event.

I am sure we can expect a stirring closure to this debate from the noble Baroness, Lady Vere, who I hope I can regard as a sister on this day, particularly since I know that when she was a parliamentary candidate some years ago she surprised some of us by saying that she was a reluctant champion of women, that she did not object to being a “Cameron Cutie”—I have to tell the House that I really objected to being called a “Blair’s Babe” all those years ago—and that feminism did not resonate with her. She also said that she thought it was all a bit of a left-wing agenda. I like to think that since then, she has joined the ranks of the feminists on her own Benches in your Lordships’ House who are so effective and who certainly, and quite rightly, do not concede feminist ground to us lefties.

We have had inspiring speakers. I thank the many organisations which sent briefings, and the Library for its brief. My noble friend Lady Gale kicked off on this side by covering a great deal of ground about celebration and the challenges. The noble Baroness, Lady Hussein-Ece, was right to raise stereotypes of, and to call out casual racism against, Muslim women. I think her mum and mine were probably cut from the same cloth. The right reverend Prelate the Bishop of Portsmouth gave a most welcome address. I agree with him that all bishops are bishops and all vicars are vicars; our ranks have a recently ordained deacon.

I cannot mention everybody, but there were some great contributions from the noble Baronesses, Lady Meyer, Lady Hodgson, Lady Rock, Lady Anelay and Lady Jenkin, who is undoubtedly a leader. I have been led by her from time to time on various issues—I am very happy about that—and I think it quite likely that the noble Baroness, Lady Miller, and I were at Greenham Common at the same time.

My noble friend Lady Donaghy was completely right, and I agree with her about the right to be knackered—I have been in the Chamber for about six and a half hours today. The noble Baroness, Lady Berridge, talked about discrimination and primogeniture, although it is not an issue that is very high on the agenda. It is, as it were, from-the-top discrimination.

My noble friend Lady Armstrong was right to talk about access to support for the most vulnerable women. My noble friends Lady Blackstone, Lady Crawley and Lord Griffiths made different contributions—for example, on the part that the European Union has played in protecting women’s rights. My noble friend Lord Griffiths can take back to his wife our thanks that she told him to put his name down for this debate.

While the noble Baroness, Lady Jenkin, was talking, I was reminded that I met and became a very close friend of a woman called Rosemary Pockley. It was the first time that I had ever spoken to a woman in the Conservative Party whom I regarded as a feminist and a sister. She made me aware of the struggles that Conservative women have had in their party, and they sometimes felt even worse than the ones that we were having in the Labour Party at around the same time. I want to pay tribute to Rosemary because she was a great friend and a great sister.

I want to say a little about the importance of our own body for equality, the EHRC, and its recent report based on the largest ever review of women’s rights and gender equality in the UK. As noble Lords will know, the commission is the regulatory body responsible for enforcing the Equality Act 2010, and we are accredited by the United Nations as an “A status” national human rights institution.

The commission’s duties are to reduce inequality, eliminate discrimination, and promote and protect human rights. Its biggest review of women’s rights and gender equality threw up a whole range of issues. It says quite clearly that important progress has been made in some areas—for example, forced marriage has been criminalised and shared parental leave has been introduced—but that there remains a range of areas where significant challenges face women and girls. The evidence and recommendations have informed the UK’s submission to the United Nations review of our progress on women’s rights. This review takes place across the world every four to five years. I gather that the United Nations is expected to issue its recommendations to the UK Government on Monday 11 March; I look forward to seeing them.

The recommendations include things that we all need to be aware of. For instance, according to the section on just and fair conditions at work, pregnant women, new mothers and women of childbearing age are still routinely discriminated against in the workplace. My colleagues on the Front Bench in the Commons—Dawn Butler and her team—have been highlighting this issue vigorously for a while. The research shows that 11% of mothers reported that they were either dismissed or made compulsorily redundant when others in their workplace were not, or that they were treated so poorly that they felt they had to leave their job.

The EHRC recommends that the UK Government should introduce a mandatory duty on employers to take reasonable steps to protect workers from harassment and victimisation, ensuring that flexible working is offered. They should also make it mandatory for employers to publish the narrative that goes with, for example, the gender pay gap within their companies, and support employers in collecting the necessary data for them to begin closing pay gaps affecting ethnic-minority and disabled women. I hope that the Minister will support those recommendations from our own commission.

I turn to the subject of gender-based violence. Despite signing the Istanbul convention on 8 June 2012, the UK has still not achieved ratification and has been criticised for a lack of accountability and oversight of its violence against women and girls strategy. Are urgent steps in place to ratify the Istanbul convention and, once it is ratified, will sufficient resources be dedicated to central, devolved and local authorities to ensure its effective implementation?

The EHRC recommends that the UK Government should mitigate the impact of welfare reforms on lone-parent families, the majority of whom are women, by uprating benefits, reversing the two-child limit on child tax credits and ensuring that work coaches are trained to deliver tailored employment support.

I turn to the public sector equality duty, which underpins much of the work and was introduced in the 2010 Act. Does the Minister acknowledge that the commission is proposing a new approach to the PSED to ensure that public bodies and government departments focus on the key inequalities affecting those affected by their functions? This would review and amend the specific duties underpinning the PSED to ensure that public bodies are required to focus on them.

I also highlight the recommendation to incorporate CEDAW into domestic law, so that individuals can effectively challenge rights violations by using the domestic legal system and access a domestic remedy for alleged breaches of CEDAW and other United Nations rights. There are many other recommendations, all of which, coming as they do from our domestic Equality and Human Rights Commission, we need to be listening to very carefully.

Finally I join with the noble Baroness, Lady Burt, in her request for some money for parties and events.

Civil Partnerships, Marriages and Deaths (Registration etc) Bill

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Baroness Brinton Portrait Baroness Brinton
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My Lords, I thank the noble Lord, Lord Hayward, for his amended amendment, which is helpful for the House. It addresses some of the issues raised by the noble Lord, Lord Morrow, in that it covers both the reconstitution of the Assembly as well as what happens if there is not one.

I will make one further point. I completely understand that the Belfast agreement and the devolved Assembly are very important, but there is also an issue here about human rights. It is extraordinary that one community in the United Kingdom cannot have the same human rights that are available in England, Wales and Scotland. In the debate on the previous amendment, the comment was made that it has now been five years since the same-sex marriage Act was passed. Many friends of mine in Northern Ireland recognise that things have certainly moved on, and they completely understand and echo the sensitivities about what is happening in Northern Irish politics at the moment and the deadlock around the reformation of the Assembly. But there are people there who do not have the same basic human rights as other citizens of the United Kingdom. At the very least, this amendment serves to highlight that once again.

Whether or not the amendment is pressed today, I certainly hope that the message can go back to politicians in Northern Ireland, as well as in your Lordships’ House, that this is a live issue for people who feel that they are being disadvantaged—worse than that, they cannot profess their love for one another in the way which many others can thankfully now take for granted.

Baroness Thornton Portrait Baroness Thornton (Lab)
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My Lords, I will speak very briefly in support of the amendment from the noble Lord, Lord Hayward. I feel profoundly frustrated about this issue, a feeling which I think is shared by many in this House. The noble Lord, Lord Morrow, needs to appreciate that there is profound frustration.

I have some questions for the Minister. Is this an issue of human rights? Are human rights a devolved matter? My understanding is that they are not, and that is the context in which we are having this discussion—that in this United Kingdom, our fellow citizens do not have the same human rights as the rest of us. What are we going to do about that under these circumstances? It seems to me that, even if the noble Lord decides not to push this amendment, having this debate is very important because it is a legitimate way of taking forward the discussion—I am just waiting for the next passing bit of legislation on which we might be able to do the same. My experience after 20 years in this House is that when you do that, you usually get there, because the political will is here in both Houses to resolve this issue.

Lord McCrea of Magherafelt and Cookstown Portrait Lord McCrea of Magherafelt and Cookstown (DUP)
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My Lords, I thank the noble Lord, Lord Hayward, for the manner in which brought forward his amendment, and the respect with which he has treated those who have different views on this subject. As I have said before, I respect and do not doubt the sincerity of noble Lords who hold different views from me, but nor do I apologise for the views which I hold with deep conviction.

The noble Baroness, Lady Thornton, talked about profound frustration. I suggest to her that she knows nothing about profound frustration when it comes to Northern Ireland. I have been an elected representative—for 25 years in another place, for 37 and a half years in local government and for 15 in the local Assembly—and I know what it is to represent the people. For each of those posts, I was elected by the people, not chosen or given some honour as I have been for this House.

However, there is certainly a profound frustration when it comes to what is happening in Northern Ireland because, as my noble friend Lord Morrow rightly pointed out, it was one party—Sinn Féin, and Sinn Féin alone—that brought the Assembly down. Many in your Lordships’ House seem reticent to condemn or name it for pulling down the Northern Ireland Assembly. Many of these issues could once again be debated in that Assembly, because that is the debating chamber in Northern Ireland under the devolution settlement.

During every debate I have attended that has made reference to the Belfast agreement and to the devolution settlement for Northern Ireland, it has been emphasised and re-emphasised that nothing will be done by this Government or by the Opposition which would undermine that settlement. However, I suggest to noble Lords that these amendments do just that. Whenever this issue was referred to the court, it was acknowledged that it was the prerogative and the responsibility of the Northern Ireland Assembly to debate and decide this issue.

I have been asked a question about when this will be. I say to the noble Lord, Lord Hayward, that, in this conversation with Sinn Féin, perhaps we could ask it when it is going to lift the embargo and allow the Assembly to come back into existence, because it and it alone is stopping that. Again, as my noble friend Lord Morrow said, if the Assembly were to be started on Monday morning, my party would be through the door and take its rightful place there. It is Sinn Féin alone that is blocking the Northern Ireland Assembly from coming in to sit. I cannot in good conscience have any knowledge of when the Assembly will come into existence, because I do not know when Sinn Féin will lift or remove its objection and be willing to come back into it.

Let us be quite honest. There are many very demanding issues that need to be decided. For example, people are dying because things are not happening through the health service, which is happening because Ministers are neglecting their position. Many decisions have not been made because Ministers are not there. But it is Sinn Féin alone that is stopping those Ministers from being there—it needs to be pointed to and shown up for what it is doing. There are many issues that Ministers need to decide on, but the Government have decided that no other Minister will come, that devolution must not be undermined and that direct rule will not take place. At this moment, direct rule is certainly not in the offing, and devolution is the only show in town.

While there is a possibility of the restoration of the Northern Ireland Assembly, I appeal to noble Lords not to close its doors and remove a major plank for the existence of the Assembly in making these issues, as was acknowledged by the court.

Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill

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Lord Scriven Portrait Lord Scriven
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At least the noble Lord, Lord McCrea, heard that I respect his view even though I disagree with it. I wish him speed for his flight. I will be brief. I have a desire for equality, and for him to make the decision; I am pulled in both directions. But his argument is fundamentally flawed, because the devolved Assembly is not working. The amendment is very clear. It gives the Assembly the right to make the decision within six months of the legislation being laid out; it does not take that right away. But, if that legislative body cannot come together, then it is quite right that this House should make the decision to give equality on same-sex marriage to all people in every part of the United Kingdom. If this amendment is passed, it does not say that we are taking this right away. It puts pressure back on the politicians of Northern Ireland to come together and make a decision on marriage equality in their part of the United Kingdom.

Baroness Thornton Portrait Baroness Thornton (Lab)
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I would like very briefly to say how much I support the amendment in the names of the noble Lord, Lord Hayward, and my two noble friends. I led from the Labour Front Benches on the equal marriage Bill, and one of the proudest legislative moments of my life was when we put it on the statute book. It is not often that we legislate to create happiness but that is definitely what we did on those days five years ago. It is grieving that my relatives in Ireland and Northern Ireland do not have the same access and right to marry that we have here in England. This is a human rights issue. I absolutely recognise the frustration that the noble Lord, Lord Hayward, expresses about getting this through. The Government know that political will can be brought to bear on many issues: with political will and the support of the different parties we can do pretty much what we desire to do. This is one of those issues where we need to make progress.

Lord Lexden Portrait Lord Lexden
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My Lords, I shall be very brief. The case for change has been powerfully outlined by my noble friend Lord Hayward, and endorsed by my very great friend on this issue, the noble Lord, Lord Hayward. This is a day of muddle and confusion. I mean the noble Lord, Lord Cashman. How could I make such a fundamental mistake? I align myself with their comments and repeat what has been a theme of so many comments: this could be the moment when the Government associate themselves firmly with the proposition, which many have been waiting a long time to see adopted, that human rights must extend fully and consistently throughout the length and breadth of our land. Was that not the noble aim of the Human Rights Act 1998?

Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill

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Baroness Thornton Portrait Baroness Thornton (Lab)
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My Lords, I am pleased and honoured to support the noble Baroness’s Bill from these Benches. I congratulate her and Tim Loughton on getting us to this point. I know, having done these things myself, that this is not easy but complex, and I offer the noble Baroness my support and help if she needs it throughout the passage of the Bill. I have enormously enjoyed this debate and the contributions from all noble Lords, particularly those from my noble friends Lord Cashman and Lord Collins and the noble Baroness, Lady Barker.

The Bill has six clauses and would do four things: it would facilitate the move from a paper-based system of marriage registration to a partially electronic system, allowing several connected changes about how marriages are registered, including the presence of mothers, for the first time; it would grant opposite-sex couples the right to form civil partnerships; and it would require the Government to publish reports on whether the law should be changed to allow the registration of pregnancy losses that occur before 24 weeks’ gestation, and on whether coroners should be allowed or required to investigate stillbirths.

Clause 1 would give the Secretary of State the power to make regulations enabling changes to be made to the Marriage Act 1949, providing a new system of marriage registration in England and Wales. Various terms have been used throughout the passage of the Bill: “antiquated patriarchal anomaly” is one that I noted from the Commons debates, while “modernise and future-proof” has been said by one noble Baroness today. I do not think I can add to the excellent remarks made by the noble Baronesses, Lady Hodgson and Lady Anelay, and the right reverend Prelate. These changes are long overdue and very welcome, and they have our support.

Clause 2 would require the Secretary of State to make regulations granting opposite-sex couples the same right to enter into a civil partnership as same-sex couples. However, it would not change the other eligibility criteria set out in Section 3(1) of the Civil Partnership Act 2004, meaning that it would not be available to those already in civil partnerships, lawfully married under 16 or within prohibited degrees of relationship—for example, siblings and adopted children. I do not think I need to add anything to the comments made by the noble Baroness, Lady Barker, about the passion that the noble Lord, Lord Lexden, has about that particular issue, and I know that we will return to it again.

Why is that important? Several noble Lords have said this, and I congratulate the Equal Civil Partnerships organisation for the campaign that it has run on the issue of allowing civil partnerships for opposite-sex couples: it is fair, it is popular and it protects children and their families because, contrary to popular belief, there is actually no such thing as common-law marriage in UK law, as a result of which, when an unmarried parent dies or a couple separate, there is no legal entitlement for assets or wealth to be shared or for automatic tax relief, as there is for married couples or same-sex partners. That can and does cause huge distress to parents and children. I agree that the state has a responsibility to ensure that children and their partners are protected, and providing this option would make that easier. Children should not be placed at risk just because their parents are not married.

That being said, I wish to return to one or two of the issues that my noble friend Lord Collins regarded as unfinished business. The right reverend Prelate might not want to address these issues today, and I completely understand why he would not, but I have to say that the Church of England cannot keep turning away from the inequalities that still exist. I think it was Tim Loughton who said that the proposal before the Commons would allow registration to be adapted so that mothers’ details could be included in the marriage entry, and he described that as,

“the biggest reform of how marriages are registered since 1837”.—[Official Report, Commons, Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill Committee, 2/2/18; col. 1123.]

I congratulate him and the other MPs, Peers and officials who have brought us to this point, because it is about change in the name of equality. It is on this point that I wish to quiz the Minister.

On 22 November last year my noble friend Lord Harrison asked Her Majesty’s Government what plans they had to enable humanist wedding ceremonies. The Minister at the time, the noble Baroness, Lady Vere of Norbiton, said:

“My Lords, marriage is a complex area of law that needs systematic review to enable any reform proposals to be delivered fairly and consistently. We are working with the Law Commission to draw up terms of reference for the wider review of the law on marriage ceremonies … The Government welcome the report of the All-Party Parliamentary Humanist Group … and are carefully considering its findings”.—[Official Report, 22/11/18; col. 321.]


That, as we know, is government-speak for kicking something into the long grass. It is five years since Parliament said, during the course of the equal marriage Act, that humanist weddings should be made official and should take place, as they do now in Scotland and Northern Ireland but still not in England and Wales. I believe that the Government have bowed to lobbying and pressure from council registrars, who have a vested pecuniary interest, and the Church of England to deny thousands of people the choice of a humanist wedding—including, it has to be said, my own children. This is unequal and unfair, and if I could find some way to amend this Bill to this effect, I would surely do so, but I have promised the Minister that I will help her get it through. However, I make my protest. It shows that when the Government are actually minded to effect fundamental changes in the area of marriage and relationships, they can do so without so-called complexities. I would like the Minister’s view on this matter: is this complex or not? Are the Government minded to resolve it?

Turning to Clauses 3 and 4, the noble Baronesses, Lady Benjamin and Lady Brinton, spoke with great passion and explained why these clauses are essential. At present, the law means that coroners are not able to investigate stillbirths. I believe they should be given that power. I welcome the fact that the Government wish to engage with the public on proposals on this matter and support a review being conducted. I also welcome the Government’s ambition to halve the rate of stillbirths, neonatal deaths, maternal deaths and brain injuries that occur during or soon after birth by 2025. Of course, we would all support that. I was profoundly moved by the remarks made by my honourable friend Sharon Hodgson in the Commons during the passage of this Bill. She experienced the heartbreak of losing a baby pre-24 weeks and was distressed to find that she and her husband were unable to register the birth or death because the baby had been born a few days before the 24-week gestation threshold. I welcome that the Department of Health and Social Care’s advisory panel is carrying out this review.

In conclusion, I reassure the Minister that on these Benches, we will give her every assistance to put this important reform on the statute book. I think one noble Lord said that Private Members’ Bills were delicate things, but they are also an important opportunity to raise issues. The Government always say that if a Bill is amended, that will kill it. However, in my experience, that is not always the case. In fact, I understand that this Bill has already been amended quite fundamentally in the Commons, and it has got here; the Government also intend to amend it further in this House. While we certainly would not wish to jeopardise the Bill, I do not think we should dismiss the idea of changing or improving it. With those remarks, I wish the Bill well and thank the noble Baroness for bringing it to our attention.

Creditworthiness Assessment Bill [HL]

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Baroness Thornton Portrait Baroness Thornton (Lab)
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My Lords, I supported the noble Lord, Lord Bird, on Second Reading. This Bill is a small but important public policy step to help bring creditworthiness equality to people who are good payers of rent and credit. The questions asked by my noble friend and the noble Lord, Lord Blencathra, are important.

First, this is not the silver bullet to solve the problems of creditworthiness; it is one thing that might assist. If the Bill passes and lenders are required to incorporate rental data, individuals can opt out of any system of rental payment data sharing. That is the first thing that needs to be put on the record. For most, the inclusion of such data is part of a positive journey to more equal access to affordable credit, although I agree that it is vital to be guided by those who are not as fortunate, including those let down in various ways.

Missed or late payments from a third party, including from the DWP, can already be noted on an individual’s credit file through what is known as a “notice of correction”. This principle is applied to any “notified payment” on an individual’s credit file, including a spousal dispute, incorrect calculation or late payment. Although I agree that it is right to be alive to the laws of unintended consequences, here, the consumer would be in control. That is very important. They can opt out and add notices to their credit file. As we will no doubt be looking into after the APPG inquiry, rental payments and electricity payments are normally the last things that an individual fails to pay. For people in this situation, any previous non-payment of non-essential items will already have affected their credit score, but if we can help these people, we should. I hope that the work being led by John Glen MP and HM Treasury with the noble Lord, Lord Bates—we had a very useful discussion about this—is taking this important consideration into account via the Rent Recognition Challenge. The noble Lord, Lord Bird, will raise this point later with the noble Lord, Lord Bates, and discussions are ongoing.

Reforming the consumer credit world is a big undertaking. Although we may not be able to immediately change someone’s circumstances through this measure, we may be able to better support them and prevent them getting further into the quagmire of problem debt. As the FCA put it to the noble Lord, Lord Bird, before Second Reading, it is important to know who is in trouble to,

“get our arms around them and help them”.

I thought that quote was very appropriate.

Baroness Kramer Portrait Baroness Kramer (LD)
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My Lords, I am a real fan of the unamended version of the Bill. Some 40 years ago, when I was in my early 20s and trying to get credit for the first time, I remember the struggles—I think that most women will share them because of the era—of trying to establish any kind of credit history and demonstrate that I was reliable and could manage my finances and the stresses and strains of all of that. I had to go through the most convoluted routes to establish that history. In the Bill, the noble Lord, Lord Bird, has captured the opportunity for many people to use their reliability in making key payments—rent and council tax—to establish credit history. In some ways, the noble Lord, Lord Blencathra, gave the game away when he mentioned, very early, that part of the industry’s resistance is based simply on the cost of gathering this data. I really do not think that that should be an obstacle to so many people who demonstrate in their lives that they are capable of managing money being able to make the decision that they need to access credit and have a reasonable avenue to do so.

NHS: Overseas Doctors

Baroness Thornton Excerpts
Tuesday 8th May 2018

(7 years, 1 month ago)

Lords Chamber
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Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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My Lords, there were quite a few points in that question. The noble Baroness’s first point was that there are 400 cases of doctors overseas who have been denied visas because they are not on the shortage occupation list. Therein lies the point: the shortage occupation list is arrived at with advice from the Migration Advisory Committee regarding those occupations that cannot fill the demand within the NHS. If we expand some of the doctor numbers that are not on the shortage occupation list, we are in danger of pushing out some of those other professions that we do need and that are on the shortage occupation list. We need to think about this in the round.

Baroness Thornton Portrait Baroness Thornton (Lab)
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My Lords, I would like to give the Minister a direct example. In Cambridge and Peterborough NHS Foundation Trust, children and young people with mental health problems are having to wait many months to access mental health treatment because the child and adolescent psychiatry consultant, who has been chosen and appointed, has not yet been granted a visa five months after the cap for tier 2 NHS workers was reached; on Friday it will be six months, and we will probably find that the same applies. Does the Minister agree that the Government’s hostile environment policy is now directly damaging patient care? Does she agree with my honourable friend Jon Ashworth, who asked the Home Secretary in a letter on 1 May:

“The visa rules clearly aren’t working in the best interests of NHS patients. I am asking that you put patient safety first by taking NHS workers out of the tier 2 visa system so that hospitals can get the right numbers of staff in place”?

Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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My Lords, as my right honourable friend the Home Secretary explained last week, the term “hostile environment”— coined by former Home Secretary Alan Johnson—is not one that he wishes to use because of all the negative connotations. Instead we will talk about a compliant environment—that is, complying with Immigration Rules. On the direct example that the noble Baroness gives me, I will not talk about specific examples because clearly I do not know the details of the case. I will go back to my original Answer, which says that no one on the shortage occupation list should be denied a work visa.