Domestic Abuse Bill

Debate between Baroness Williams of Trafford and Lord Alderdice

Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Monday 1st February 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

The noble Baroness, Lady Burt, my noble friend Lord Polak, and all noble Lords who have spoken in this debate have spoken to one of the core aims of this Bill, which is the provision of support to victims of domestic abuse and their children and, in particular, the provision of community-based support.

I am going to start with Amendment 176, because it has been the most spoken about and most clearly addresses this objective. If there is one thing on which we are all united—the central tenet of this Bill—it is that domestic abuse victims receive the support they need. This can be seen in the new statutory duty, included in Part 4 of the Bill, to provide support to domestic abuse victims and their children within safe accommodation. However, extending the duty in Part 4 is not without its challenges, as my noble friend Lady Bertin said.

The duty as it stands applies to tier 1 local authorities in England, and as such there is no ambiguity in where responsibility and accountability lie. Amendment 176 proposes something rather wider, applying to local authorities in England, local policing bodies in England and Wales and clinical commissioning groups in England. The drafters of the amendment are to be commended for seeking to navigate the devolution settlement in Wales, and I suspect that Amendment 177 is intended to complement Amendment 176 by addressing the position in Wales.

In placing a duty across three categories of public authority, the amendment could risk creating uncertainty about where the responsibility for discharging the duty actually resides. To that extent it lacks the clarity of the Part 4 duty, although I note the provision in the new clause for conflict resolution. I do not suggest that this is an insurmountable problem with the amendment.

It is important to recognise that there are already significant community-based support services available to victims of domestic abuse and other crime. Since 2014, Ministry of Justice funding has helped police and crime commissioners to support victims of crime within their local areas, addressing the specific local needs identified within their communities. This funding totalled £68 million in 2019-20. The strong knowledge held by police and crime commissioners about demographics and crime in their local areas allows them to allocate funding to those victims in need.

Clearly, local authorities and clinical commissioning groups also have a role to play, as have others. I recognise, however, that the current commissioning landscape is complex. I understand the need to ensure that whatever arrangements are in place, they are delivering comprehensive service provision and that the needs of victims are being met. It is essential too that perpetrators are held to account for their actions and challenged to make long-term, meaningful changes to their behaviour.

However, I put it to noble Lords that Amendment 176 is putting the cart before the horse. We cannot and should not legislate before fully understanding the current landscape of provision, knowing where the gaps are, how best to fill those gaps and what it is going to cost, as my noble friend Lady Sanderson said. This is the methodical process we went through before introducing the provisions in Part 4, backed up by £125 million in new funding. We need to adopt a similar process to community-based support.

For this reason, I welcome the domestic abuse commissioner’s commitment to leading a detailed mapping exercise into the current community-based support landscape, the pilot of which has already commenced in four local authority areas. That work is due to be completed towards the end of this year. The Government are committed to addressing the findings of this review and, should we find that there is a need for legislative changes, it is right and proper that we should consult on those so we can consider the views of the affected public authorities. In answer to the point made by the noble Baroness, Lady Lister, there will be further opportunities to legislate in this area, including the upcoming victims’ law.

This exercise will do for community-based services what the Ministry of Housing, Communities and Local Government did for accommodation-based services in significant depth before establishing the new duty in Part 4 of the Bill—I was a Minister in MHCLG when the whole process began. It held lengthy consultations with local authorities, the domestic abuse sector and victim support organisations before committing to the best course of action. Only through thorough engagement and investigation was it possible to understand whether legislative change was truly necessary and design a statutory duty that would appropriately address the needs of victims.

I recognise the concerns that the statutory duty in Part 4 may affect the existing provision of community-based services. As I have indicated, we are allocating £125 million to local authorities in 2021-22 to fund the new duty. As my noble friend Lord Polak said, the recent spending review has also secured an additional £40 million to victims of crime, including domestic abuse, in the community. Those details were announced today. This is on top of the additional funding we have provided to meet the immediate needs arising from the pandemic. I hope this provides reassurance that the Government take seriously their commitment to supporting all victims.

Of course, the argument can be made for more investment, but noble Lords will understand that we cannot make the case to the Treasury without the evidence to back it up. The commissioner’s mapping work is central to having that knowledge and understanding to enable us to make the case for more money. I know that Nicole Jacobs takes a different view, and it is an area where we will respectfully just have to agree to differ. It is her role to advise the Government and it is our clear responsibility to back up any new statutory duties with clear evidence of unmet need and a full understanding of the costs involved.

Additionally, the new domestic abuse strategy, complementing the refreshed violence against women and girls strategy, will further focus government attention on the needs of domestic abuse victims and perpetrators. Alongside this, the refresh of the national statement of expectations, due to be published later this year, will set out best practice for commissioning all violence against women and girls services. Finally, we are launching a victim funding strategy, to be published this year, to ensure that funding and commissioning practices for all victims are as effective as possible. I agree with my noble friend Lady Sanderson on the need for sustainable funding.

Amendment 101 seeks to ensure that all survivors of domestic abuse have access to a local welfare assistance scheme in any locality across England. We understand the importance of local welfare and assistance to provide an emergency safety net at times of unexpected need. Local authorities are best placed to understand the needs of the most vulnerable in their communities. That is why changes were introduced in 2013 to give local authorities the maximum flexibility to deliver emergency support as they see fit, according to local needs. The 2014 local welfare provision review found that local authorities were able to effectively target support at those who needed it most, joined up with wider social care.

The Government have provided local authorities with £131.7 million for local welfare assistance through the local government finance settlement in 2020-21. It is for local authorities to decide how best to use that funding, but in doing so they should ensure there is support for those most in need, including domestic abuse survivors.

We are committed to ensuring that people experiencing or fleeing domestic abuse have the local support they need. In particular, economic hardship should not be a barrier to someone leaving an abusive partner. In addition to local welfare support, those escaping domestic abuse can seek financial support through the welfare system.

Finally, on Amendment 177, I recognise the need for effective partnership working across the reserved-devolved demarcation line in Wales. I put it to my noble friend that the mechanisms are already in place to enable PCCs to co-operate with local authorities and health boards in Wales, including through community safety partnerships and the forthcoming new serious violence duty. While PCCs will not be subject to the serious violence duty, as with their existing functions in relation to community safety partnerships, PCCs may choose to collaborate with local partnerships and take a convening role to support the development and implementation of the local strategy.

Given these considerations, the amendments are, I suggest, premature. The Government recognise the importance of community-based services for those affected by domestic abuse. As I have said, we are committed to investigating, in collaboration with the domestic abuse commissioner, what needs to be done to ensure that victims who stay in their own home with their children are receiving the support they need. So that this work can go forward, I ask the noble Baroness to withdraw her amendment.

[The Deputy Chairman of Committees (Lord Alderdice) (LD)]

I have received requests to speak after the Minister from the noble Lord, Lord Hunt of Kings Heath, and the noble Baroness, Lady Lister of Burtersett.

[Lord Hunt of Kings Heath (Lab) [V]]

My Lords, I have listened very carefully to the Minister’s response, particularly on Amendment 176, for which I thank her. None the less, does she not accept that favouring accommodation-based services, as set out in Part 4, is bound to impact on local authorities’ spending decisions and make them move funding towards accommodation-based services at the expense of community-based services? How will the Government ensure that a proportion of the additional £125 million goes to community services? Will it not be possible for us to give Ministers regulation-making powers to bring in a duty on community services after the mapping exercise has been completed? That would at least give us some way to ensure that the Government have statutory provision in the light of the mapping exercise.

Covert Human Intelligence Sources (Criminal Conduct) Bill

Debate between Baroness Williams of Trafford and Lord Alderdice

Report stage & Report: 2nd sitting (Hansard) & Report: 2nd sitting (Hansard): House of Lords
Wednesday 13th January 2021 Lords Chamber

[The Deputy Speaker (Lord Alderdice) (LD)]

Would the noble Baroness, Lady Williams of Trafford, like to move Amendment 26 formally?

[Baroness Williams of Trafford (Con)]

I will not move Amendment 26. Given the strength of the House on Amendment 24, I think it is probably best to go away and, as discussed earlier, have some more discussions on both the government amendment and Amendment 24.

Visas: Visitors from Peru

Debate between Baroness Williams of Trafford and Lord Alderdice

Monday 16th November 2020 Lords Chamber

[Baroness Williams of Trafford (Con)]

Since the noble Lord asked so nicely, I will certainly take that back. I do not disagree with him at all that Latin America has great potential. I went to Mexico last year and I know that the Foreign Secretary has had talks with Peru. There is great untapped potential.

[Lord Alderdice (LD) [V]]

My Lords, I draw attention to my involvement with the Peru Support Group in the UK. The Minister indicated that security concerns were a prime issue in maintaining visas for Peruvian citizens coming to the UK. In 2016, Peru introduced a world-class biometric passport that complies with international security and control standards. Surely we now have the technical facilities needed to ensure that visa-free travel between Peru and the UK can be secure, or is there some other requirement that Her Majesty’s Government are looking to be fulfilled in order to facilitate visa-free travel—if so, what is it?

[Baroness Williams of Trafford (Con)]

A number of considerations are taken into account when decisions are made to review visa requirements. They include, among other things, security compliance returns and prosperity. The noble Lord will understand that I cannot discuss the fine details of visa review changes on the Floor of the House, but these are just an example of some of the things that might be considered.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Debate between Baroness Williams of Trafford and Lord Alderdice

Report stage & Report stage (Hansard): House of Lords & Report: 1st sitting & Report: 1st sitting: House of Lords
Wednesday 30th September 2020 Lords Chamber

[Baroness Williams of Trafford (Con)]

My Lords, I thank the noble Lord, Lord Dubs, for the new clause proposed by his Amendment 14. I also thank the noble Lords who spoke to it.

We are all absolutely united on one thing: that children in local authority care need secure status just as much as any other EU citizen needs secure status. On that, we are absolutely as one, I think. However, the amendment does not provide for the fast-tracking of children through the EU settlement scheme because subsection (1) of the proposed new clause says that a relevant child

“is deemed”—

that is the word used; we assume that it is a declaratory system—

“to have and be granted indefinite leave to remain”.

It therefore bypasses the EU settlement scheme by giving indefinite leave to remain without the need for any application to the scheme—that is, no secure evidence of status is documented and the child would have to prove constantly that they were in the scope of this declaratory system. The only way to prove status is through the EU settlement scheme, in my view.

A near-identical new clause was tabled by the noble Lord, Lord Dubs, in Committee. It called for children in care and care leavers who have their right of free movement removed by the Bill to be granted ILR—indefinite leave to remain; that is, settled status—under the EU settlement scheme automatically, removing any requirement for a local authority to apply on their behalf.

I am afraid that those good intentions—they really are good intentions—will not be well served by this proposed new clause. I am trying to be helpful rather than resistant to what noble Lords are saying because Windrush has shown us that a declaratory system under which immigration status is conferred on people automatically, without providing secure evidence of it, does not work. We need to learn the lessons of that.

The proposed new clause would place a vulnerable group at greater risk of ending up without secure evidence of UK immigration status. That is not an outcome that the Government can accept or one that your Lordships would want. We are focusing our efforts on working closely with local authorities—I will go into more detail on that—to ensure that these people, like other vulnerable groups, get UK immigration status under the EU settlement scheme. This will provide them with secure evidence of that status and ensure that they can prove their rights and entitlements here in the years ahead. That really is the right practical approach.

We have discussed and agreed with local government its role and responsibilities towards children and care leavers under the scheme. Local authorities and, in Northern Ireland, health and social care trusts are responsible for making an application under the scheme on behalf of an eligible child for whom they have parental responsibility by way of a court order. Their responsibilities in other cases to signpost the scheme and support applications have also been agreed, including where care leavers are concerned. That is reflected in the guidance issued to local authorities regarding their role and responsibilities for making or supporting applications to the scheme in respect of looked-after children and care leavers. We have also provided a range of support services—such as the Home Office-run EU Settlement Resolution Centre, which is open seven days a week—to ensure that local authorities can access help and advice when they need it.

We have heard estimates of the number of children in care. In the absence of local authority data, the Home Office made some broad initial estimates. These were based on data from the ONS, which put the proportion of EEA citizens per local authority at 5.8%, and on government data on the volume of children in care and care leavers per local authority. The resulting figures—of around 5,000 children in care and 4,000 care leavers—provided a reasonably generous basis for the new burdens assessment.

We have also recently conducted a survey of local authorities across the UK as part of the support that we are offering them with this very important work. The survey asked them to provide an assurance that they have so far identified all relevant cases. Just under 80% of local authorities have responded so far, and I thank them for that, given the pressures which the pandemic has placed on them. The emerging picture is that actual volumes of eligible cases might be significantly lower than the overall estimate of 9,000. The results are still being collated, but we have so far identified fewer than 5,000 children in care and care leavers eligible for the EU settlement scheme, with around 40% of these having already applied for status under the scheme and most of that group having already received an outcome of settled status.

Obviously there is more work to be done to check and analyse the results, but the initial indications are that local authorities have the work to identify and support relevant cases well in hand. We will be sharing that data from the survey with the EU settlement scheme safeguarding user group, comprising experts from local authorities and the voluntary sector, to help them discuss the scheme’s progress. As noble Lords will know, we have also given money to voluntary organisations, and earlier this year we announced a further £8 million for this work in 2020-21. In addition, the withdrawal agreements oblige us to accept late applications where there are reasonable grounds for missing the deadline of 30 June next year—a matter I talked about earlier.

I think noble Lords can see that the Government are doing everything they can not only to identify these children but to ensure that, through the EU settlement scheme, not through a declaratory scheme, these children will have the secure status that they rightly deserve. Therefore, I hope that the noble Lord will withdraw his amendment.

[The Deputy Speaker (Lord Alderdice) (LD)]

I have received requests to ask short questions from the noble Baroness, Lady Hamwee, and the noble Lord, Lord Kennedy of Southwark. I call the noble Baroness, Lady Hamwee.

Windrush Compensation Scheme

Debate between Baroness Williams of Trafford and Lord Alderdice

Wednesday 24th June 2020 Lords Chamber

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

I thank the noble Lord and the noble Baroness for those points. I join the noble Lord, Lord Rosser, in paying tribute to the Windrush generation, two days on from the anniversary of the arrival of the “Empire Windrush” at Tilbury docks. He referenced the Williams review, an excellent document that is moving in so many ways and which, most importantly, tells the stories of people.

The noble Lord asked about the timescale, the Government having accepted the recommendations. My right honourable friend the Home Secretary made clear yesterday that she will come to Parliament before the Summer Recess to set out in more detail the terms of the implementation of the recommendations. It is good news that she has accepted every single recommendation.

He also asked what the differences were between the various groups—the cross-government working group, the stakeholder advisory group and the Prime Minister’s group. They complement each other. First and foremost, as he articulated, we need action. My right honourable friend the Home Secretary will be co-chairing a cross-government working group, with Bishop Webley as co-chair, and other community leaders who are equally driven to bring about the difference that we want. This is not a single-department issue; it goes right across government. The group will support us in delivering some of the practical solutions on issues spanning education, work and health, in providing that advice on our response to the Windrush Lessons Learned Review, and in upholding our commitment to the Windrush generation.

Noble Lords probably know that the Windrush stakeholder advisory group has always been central to how we have shaped our response in supporting the Windrush generation. Community leaders and groups from across the country have provided invaluable contributions and insights as part of the Windrush stakeholder advisory group, which my right honourable friend the Home Secretary launched last September. They will all complement each other in different ways.

The noble Lord asked about the lower and upper estimate, and whether it was still the same. As far as I know, it is still the same. Obviously there will be a wide range of awards within that, and in terms of whether we are mitigating the risk of litigation, the Home Secretary and I are thinking about it in a totally different way—not of mitigating litigation but of assisting people in getting the awards that they deserve and making the process easy for them. Yesterday, my right honourable friend talked a lot about how some of the cases are quite complex, because they go back many years, across different areas of government and different types of need. It is not about avoiding litigation; it is about making things as easy as possible for people.

The noble Lord also talked about HMRC being an independent arbiter. He is right that the arbiter of this is independent. Regarding work being outsourced, I do not think that it is, but I shall not give a definitive answer now. I will get back to him. He asked how many cases were referred to an independent reviewer. We are encouraging people to have their cases reviewed. Because of the breadth of this compensation scheme, it is not always appreciated how many different areas people can claim in. I cannot give a figure for the average compensation claim; if it is available, I will try to get it.

The noble Baroness, Lady Hamwee, asked whether we can learn about Britain’s colonial history in schools. She was talking about her own history education being confined to a very small area. Mine was confined to the unification of Italy, so I welcome any broadening of children’s history. Schools are autonomous in their ability to expand their curriculum. So much of our history is not only interesting but also frightening in some ways and great in others. As an adult, I regret not having learned more history as a child.

She asked whether this learning process is a “whole of Home Office” process. It is not just whole of Home Office; there is a lesson to be learned across government in weeding out prejudice and bias and ensuring that all people in this country can make the best of their talents and abilities. The Home Office is leading on this, but it is an endeavour for the whole of the Government. I would go further and say that it is a societal endeavour, given what we saw recently with Black Lives Matter.

The noble Baroness also asked about a review of the hostile environment. My right honourable friend the Home Secretary made it very clear yesterday that she accepts that what we have in the immigration landscape is complex. She wants to see a firm but fair immigration system in the future.

The noble Baroness also talked about stretch targets. I see her point, but the Home Secretary does not want to set any targets on where the cap is on money for the scheme. If she was asked for a target, it would be to ensure that every member of the Windrush generation who applied for their compensation gets the full amount that they are entitled to, but otherwise she is not setting targets.

The noble Baroness rightly asked for up-to-date figures on awards made. There are up-to-date figures, which must be quality-assured; they are released every quarter and will be in due course. Those figures will be higher than those I gave today and the Home Secretary gave yesterday. The noble Baroness also asked whether the offers are full and final. As I said to the noble Lord, Lord Rosser, people are being encouraged to ensure that they get the full amount. In many cases, when the offers have been reviewed, the individual has been awarded a higher offer than they originally sought.

[The Deputy Speaker (Lord Alderdice) (LD)]

We now come to the 20 minutes allocated for Back-Bench questions. I ask that questions and answers be brief so that I can call the maximum number of speakers.

Public Order

Debate between Baroness Williams of Trafford and Lord Alderdice

Tuesday 9th June 2020 Lords Chamber

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

I thank both noble Lords for the points that they have raised. I join them in wishing the officers who have been injured a full recovery. I understand that the figure to date is 62 and that 137 arrests have been made. I also join the noble Lords in condemning the violence. I can understand and totally concur that black lives matter but violence undermined what those people were trying to very peacefully protest about, as the noble Lords said. With regard to the destruction of the statue of Edward Colston, both noble Lords have condemned the violence, and neither are sorry to see the back of a slave trader. I can understand those points but there is a broader point about doing things in a democratic and peaceful way. Actually, that statue could have been removed years ago, had it been done in a democratic way.

It is sad that the story is no longer about Black Lives Matter but has been overtaken by violence. Behind this, of course, is the brutal killing of George Floyd; so awful was that video that I could barely watch it. Let us remember him rather than some of the violence, but we cannot escape from the need now to tackle it.

We also need to look at the public health dangers that were caused by people being far too close to one another. The noble Lord, Lord Rosser, talked about the disparities involved, with black men being more susceptible to coronavirus. No one is quite sure why that is, but it certainly seems to be the case. It is all the more worrying that so many people were gathered so closely together on Sunday.

The noble Lord asked me about the Wendy Williams report response and when Parliament will hear it. Wendy Williams was very clear, as I recall from when I read out the Statement about her report, that she wanted the Home Secretary not just to have a knee-jerk reaction to it but to take some time to reflect on it, and that is what she will do. The response will be with Parliament within the allotted time limit.

The noble Lord talked about racism continuing to impact lives and about the Home Secretary understanding the burning injustices that it inflicts upon society. She talked yesterday about a whole-government response to inequality and injustice. This does not just come down to one department; actually we are all responsible for it, and so indeed is society.

The noble Lord, Lord Paddick, talked about the overwhelming majority of people protesting peacefully, and of course he was right. He talked about how difficult it is for the police when a peaceful protest suddenly turns violent. Of course it is; they suddenly have to adjust to a different set of circumstances, often with absolutely no notice. He talked about body-worn video helping the police, and that is true: rather than making arrests at the time, they can go back to study the video. That helps from the point of view both of the police and indeed of anyone who is being accused.

The noble Lord talked about the health advice to those front-line police. The public health advice to front-line police is absolutely the same as that for any member of the public. We know that the police are well equipped with PPE, and they should deploy it as appropriate.

The noble Lord talked about acknowledging concerns about racism in this country. I acknowledge it—I came here in the 1970s as an immigrant—and I know the Home Secretary acknowledges it as well. We have made improvements in BAME recruitment to the police, but we certainly have not got there, and Sunday was almost an explosion of that frustration.

On the noble Lord’s point about black people being 10 times more likely to be stopped and searched, the most recent publication of stop and search figures for the year ending March 2019 showed that there were a total of 383,629 searches, resulting in 58,876 arrests under Section 1 of PACE and Section 60 of CJPOA. That is down from a peak of approximately 1.2 million stop and searches in 2011. Of course, the thing about stop and search is that it is designed to help those vulnerable people who might be at risk of attack themselves. However, for both Section 1 and Section 60 there is a larger proportion of those stopped and searched who self-identify as black or BAME.

[The Deputy Speaker (Lord Alderdice) (LD)]

We now come to the 20 minutes allocated for Back-Bench questions. I ask that questions and answers be brief, so that I can call the maximum number of speakers.