“For Women Scotland” Supreme Court Ruling
Lord Kennedy of Southwark Excerpts(1 week, 3 days ago)
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The Minister of State, Department for Education (Baroness Smith of Malvern) (Lab)
My Lords, this ruling brings welcome clarity and confidence for women and service providers. Throughout my life, not just as a Minister, I have campaigned and worked for women’s rights and for the need for single-sex spaces, including, given my great age, when it was not the mainstream concern that it has become now. Like many of my sisters on these Benches, some of my earliest political campaigning was for the single-sex spaces necessary in refuges and rape crisis services to protect and support women.
The Government will therefore continue as before, working to protect single-sex spaces based on biological sex, now with the added clarity of this ruling. We will continue our wider work with commitment and compassion to protect all those who need it, right across society.
This is a Government who will support the rights of women and trans people, now and always. We will support the rights of our most vulnerable, now and always, and on that there is no change.
However, this is an important judgment, long in the making. It began in 2018 when Scottish Ministers issued guidance on the definition of a “woman” in the eyes of the Gender Representation on Public Boards (Scotland) Act 2018. That guidance stated that a “woman” in that Act bears the same meaning as in the Equality Act 2010 and included trans women with a gender recognition certificate. For Women Scotland challenged that guidance, saying that “sex” in the Equality Act means biological sex, so that a trans woman with a gender recognition certificate is a man for the purposes of the Act. The case was appealed to the Supreme Court and last week the court ruled that sex in the Equality Act means biological sex. This means that a person will be considered as their biological sex for the purposes of the Equality Act, regardless of whether they have a gender recognition certificate.
As both noble Baronesses have identified, there is now a need to ensure that this ruling is clear across a range of settings, from healthcare and prisons to sport and single-sex support groups. The Equality and Human Rights Commission, as Britain’s equality regulator, is working quickly to issue an updated statutory code of practice to reflect this judgment, and we look forward to reviewing that code of practice in due course. It will, of course, be laid in front of Parliament for approval.
On some of the other issues raised by the noble Baroness, Lady Stedman-Scott, on the Relationships and Sex Education (RSE) and Health Education and Gender Questioning Children guidance that I think she was referring to, that draft was produced just before last July’s general election and before the response to the Cass Review recommendations. We are considering that carefully—including with stakeholders and in the light of the Cass Review—with the interests of children absolutely at the heart, and we will publish that guidance soon.
On the noble Baroness’s points about the data Bill, I know that those issues have been discussed at length in this House and in the other place. The data Bill does not change the nature of sex or gender reporting in the way in which she implied.
On hospital wards, given that the last Government presided over a 2,000% increase in mixed-sex wards, the noble Baroness is right that there is a problem with the dignity available to patients in single-sex wards. Given the clarity in this guidance, NHS England is now reviewing the guidance and working quickly to make sure that that is communicated properly to the health service. This Government’s investment in the NHS will help practically to ensure that all people can have the dignity and care that they need in the NHS.
Referring to the points raised by the noble Baroness, Lady Burt, I also know and have heard from trans people, their families and friends who are worried in the wake of the Supreme Court ruling, so I want to provide reassurance here and now that trans people will continue to be protected. As a Government, we will deliver a full trans-inclusive ban on conversion practices. We will work to equalise all existing strands of hate crime and review adult gender identity services, so that all trans people get the high-quality care they deserve. The laws to protect trans people from discrimination and harassment will remain in place, and trans people will still be protected on the basis of gender reassignment, which is a protected characteristic written into Labour’s Equality Act.
The Supreme Court verdict is about clarity and coherence in the eyes of the law, but along with that verdict the judges delivered a vital reminder. This is not about the triumph of one group at the expense of another. It is not about winners or losers, and it is not about us or them. Everybody in our society deserves dignity and respect. Those are the values that define a modern and compassionate society and the values that this Government will uphold.
Captain of the Honourable Corps of Gentlemen-at-Arms and Chief Whip (Lord Kennedy of Southwark) (Lab Co-op)
My Lords, we are now moving on to 20 minutes of Back-Bench questions on the Statement. I remind all noble Lords about language and that the House expects the usual courtesies to be respected. This is Back-Bench questions, not speeches. If our questions are short, succinct and to the point, I hope we will get in at least 16 contributions from Back-Bench Members. To assist noble Lords, the first question will be from the Conservative Benches, and I will then go to the Labour Benches, then to the Liberal Democrat Benches and then to the Cross Benches. At that point, I will see where we go next.
Baroness Smith of Malvern (Lab)
My understanding of the ruling is that, where single-sex spaces are provided, they should be provided on the basis of biological sex. It is not, of course, the case that every service needs to be provided on the basis of single sex, but, where they are provided on that basis, it should be done on the basis of biological sex.
Lord Kennedy of Southwark (Lab Co-op)
My Lords, we will hear from the noble Lord, Lord Cashman, next and then the noble Baroness, Lady Fox.
Lord Cashman (Non-Afl)
Thank you. My Lords, currently, trans people in this country live in fear; they live in fear of their safety and their futures. Indeed, some friends are now looking at seeking asylum in countries where they will not fear for their safety but will receive a welcome.
Therefore, due to the blatant misrepresentations that have occurred and continue, I ask the Minister whether the Government will enforce the principles contained in the Equality Act. Will they now bring forward their manifesto commitment to implement the Law Commission’s recommendations of December 2021, in particular that
“across the various hate crime laws (including aggravated offences and stirring up offences) all protected characteristics should be treated equally”?
Universities: Free Speech
Lord Kennedy of Southwark Excerpts(1 month ago)
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Captain of the Honourable Corps of Gentlemen-at-Arms and Chief Whip (Lord Kennedy of Southwark) (Lab Co-op)
We will hear from my noble friend Lady Levitt next and then from the noble Lord, Lord Young, after that.
Baroness Levitt (Lab)
My Lords, I declare an interest as a parent of a trans child. Does the Minister agree that, in the exercise of everybody’s inalienable right to lawful free speech, it is in the interests of all concerned that publicly stated views about these matters are given in a measured way that enables mature and informed discussion about a challenging issue?
Lord Alton of Liverpool (CB)
My Lords, will the Minister ask the Secretary of State, Bridget Phillipson, to share with her a letter that was sent on 20 March by 10 of us, including Professor Steve Tsang, Charles Parton and Professor Michelle Shipworth—who was banned from teaching a course at University College London, after complaints from students from the People’s Republic of China that she had shown slides detailing slave labour in Xinjiang? Has the university sector become too reliant on funds from the PRC? Will the Minister read the warnings in the 2023 Intelligence and Security Committee report and agree to meet with the signatories of that letter?
Lord Kennedy of Southwark (Lab Co-op)
My Lords, we will have my noble friend Lady Royall next, and then the noble Baroness, Lady Brinton.
Baroness Royall of Blaisdon (Lab)
My Lords, I remind noble Lords of my entry in the register. Will my noble friend the Minister join me in celebrating the fact that the vast majority of academic scholars and students recognise that freedom of speech is the lifeblood of our universities? I do not expect my noble friend to comment, but I reflect on conversations I had last week with academics in Texas, Washington and New York. They do not have freedom of speech; they live in fear.
Baroness Deech (CB)
My Lords, I am sorry to say that there are two sides to this freedom of speech debate. In many universities, if not most, Jewish students have been howled down, barricaded and assaulted, whereas on the other side, hate speech has been directed at them. Does the Minister agree with me that a clear line needs to be drawn between freedom of speech and hate speech, and that, while we concentrate on transgender and other issues, Jewish students are being overlooked and not protected?
Campus Antisemitism in Britain: Community Security Trust Report
Lord Kennedy of Southwark Excerpts(1 month, 3 weeks ago)
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Captain of the Honourable Corps of Gentlemen-at-Arms and Chief Whip (Lord Kennedy of Southwark) (Lab Co-op)
My Lords, we will hear from the Lib Dems next and then we will hear from the noble Lord, Lord Turnberg.
Baroness Garden of Frognal (LD)
My Lords, can the Minister say whether all universities have designated places of worship for Jewish students and what security arrangements they are expected to put in place to ensure that Jewish students can work in safety?
Planned Deportation Flight to Jamaica
Lord Kennedy of Southwark Excerpts(5 years, 2 months ago)
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Lord Kennedy of Southwark (Lab Co-op)
My Lords, I thank the Minister for repeating the Answer given in the other place to an Urgent Question earlier today. When will the Windrush lessons learned review be published? Why are there delays in getting this report to the Home Office? Can she tell the House what the Government’s position will be when the report is published if it comes to light that, as a consequence of recommendations in the report, individuals on the flight tomorrow, or on other deportation flights, include people in categories that would not be recommended for deportation?
Baroness Williams of Trafford
As the noble Lord will know, I cannot pre-empt what the report will say, nor would he expect me to. As to when it will be published, the lessons learned review was commissioned by the Government but we would not wish to interfere in the process and tell Wendy Williams when to hand it over to us. However, as I outlined in the Statement, when we get the report, there will be a full government response.
Extradition (Provisional Arrest) Bill [HL]
Lord Kennedy of Southwark ExcerptsTuesday 4th February 2020
(5 years, 3 months ago)
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Lord Kennedy of Southwark (Lab Co-op)
My Lords, this Bill is short, but has important implications and will need careful consideration in your Lordships’ House. As has been said, the Bill creates a power of arrest, without warrant, for the purpose of extraditing people for serious offences, particularly as a result of an Interpol alert. It will apply to the countries specified in the Schedule to the Bill. I can, generally, support what is being proposed here but that is not to say that I will not propose amendments—or support those proposed by other noble Lords—that seek to provide protections, and conserve important freedoms and rights, highlighted by many noble Lords this afternoon.
We are told that the Government have identified a problem with category 2 territories under the present system which means that it can take at least a matter of hours. This creates the possibility that an individual could abscond or commit further offences in the UK. The Minister gave one example in her opening remarks. We need more than one Can she give the House some more examples when she responds to this debate?
The Bill proposes to amend the Extradition Act 2003 to get over this problem so that constables, customs officers or service police officers, on receipt of a certificate, following a valid request from a country listed in the Schedule to the Bill, can make an arrest quickly. Can the Minister set out what the designated authority in the UK—I believe it is going to be the National Crime Agency—will be required to do to satisfy itself about the request received before action is taken? What does she expect the timescales will be from receiving a request to an arrest being sought? I get the point about speed, but we must also be satisfied that due care and consideration is given to the request before a certificate is issued to authorise the arrest.
The noble and learned Baroness, Lady Clark of Calton, questioned the need for the powers in the Bill. Apparently, we already have the powers. I would be interested to hear the Minister’s response to that. When a person is brought before the court, having been arrested, the court is making a judgement on the evidence before it and, if necessary, the proceedings can be adjourned for more evidence to be provided before a decision is made. If the proceedings are being adjourned for more evidence to be provided, what would be needed by the National Crime Agency to issue the certificate in the first place? How do we ensure that, as far as possible, the evidence to issue a certificate would be at a level to satisfy a court without the need for adjournments? What I am trying to get at—I am probably not being very clear—is that the National Crime Agency can issue a certificate only where, among other things, it is satisfied that the seriousness of the conduct constituting the offence makes it appropriate to do so. That should be at the level we have today; I hope we are not proposing a lower level just to be able to issue more certificates. It is just not very clear and it would be helpful if the Minister could explain it further, to reassure me and other noble Lords.
I further understand that powers taken in the Bill would enable a process to be put in place with some EU member states if we lose access to the European arrest warrant. It seems many noble Lords think it is lost already. That is a terrible situation. We have to have something in place. The only beneficiaries will be criminals if we end up with less than we have now. I note the concern of the noble Lord, Lord Ricketts, in that regard. The noble Baroness, Lady Hamwee, asked “Why now?”, and the noble Lord, Lord Paddick, referred to this. She made a valid point about the European arrest warrant and the risk that losing these powers will entail to our safety and security. I fear that she was right to voice her concerns. I agree with the noble and learned Lord, Lord Brown of Eaton-under-Heywood, that the Bill will help make the country a less attractive place to find refuge from the authorities in the countries in the Schedule. If we lose the power of the European arrest warrant, we have to have something in place; this is about that as well. I also support his call for the Government to look for mechanisms to ensure that we can get individuals wanted in the UK back to the UK if we lose the powers we have presently.
I agree with the noble Lord, Lord Hannay of Chiswick, about reciprocity. It will be a very important principle if we find ourselves outside the European arrest warrant scheme in the coming months.
A number of category 2 countries are specified in the Schedule, and there is a power to add further countries. Can the Minister confirm the UK Government’s position on this in respect of the death penalty in the United States? I think she said to us that that will never happen but, as other noble Lords have said, in one case we did not ask for the assurance, so we need to know the Government’s position on this. As the noble Baroness, Lady Hamwee, referred to in her contribution, can the Minister set out the process to add new countries to this list?
The noble and learned Lord, Lord Judge, made an important contribution on the constraints in the Bill, specifically the Henry VIII powers set out in paragraph 29(2) of the Schedule. I am drawn to support his suggestion to allow all powers to be subject to the annulment procedures.
The noble Lord, Lord Hogan-Howe, made a valid point suggesting a reasonable change to allow courts in our major cities to hear these matters in addition to the courts in London, particularly where suspects are arrested many miles from London.
I am happy to support the Bill generally but will seek further reassurances from the Minister as it proceeds through the House, and support amendments that in my opinion strengthen the Bill and introduce necessary safeguards and protections.
Terrorism: Contest Strategy
Lord Kennedy of Southwark Excerpts(5 years, 3 months ago)
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Lord Kennedy of Southwark (Lab Co-op)
My Lords, I thank my noble friend Lord Harris of Haringey for securing this debate, and for bringing such an important issue to this House for consideration.
Like other noble Lords, I pay tribute to the brave officers of the Metropolitan Police who had to deal with the terrorist incident yesterday evening in Streatham. They have our thanks, our praise and our gratitude for their work protecting London and the people of our capital city. I also send my thoughts, best wishes and support to the victims and their families. Luckily all the victims have survived. We are grateful to the other emergency services who attended the scene as well. I also thank the right reverend prelate the Bishop of Southwark and his colleagues in the diocese of Southwark, especially the rector of St Leonard’s Church, Anna Norman-Walker, for the support she gave to the emergency services and the community at the scene, and for opening the parish church for prayer.
My noble friend asks an important question and one which, as part of a strategy to defeat terrorism, we must keep under review and constantly check, to ensure that we have got things right and have got the relationship with our partners correct, as the terrorist threat changes and evolves over time.
Noble Lords will be aware that the UK’s counter- terrorism strategy is Contest, and that there are four Ps to the strategy. My noble friend asks whether the Government intend to introduce a Protect duty to improve safety and security under the strategy. It would be good if, early on in her remarks, the Minister could make a clear statement on that specific point, as it is the central question that needs answering as part of this debate.
Going about our daily lives, we often find ourselves in large crowds of people, especially if we live in the city or travel on various forms of public transport. Large sporting stadiums or concert venues provide specific challenges for the venue owners and managers, working with the police, the fire brigade, the local licensing authority, venue security staff and sometimes volunteer stewards.
We have already heard in this debate about Martyn’s law and the campaign by Figen Murray to have the law introduced following the death of her son Martyn Hett in the Manchester Arena bombing in 2017. There have been supportive statements from the Prime Minister and from Brandon Lewis MP recently, but a clear, unequivocal statement from the Minister on what the Government plan to do in this respect would be appreciated by everyone in the House, I am sure. Those words from the Prime Minister are a shift from where we were a few months ago when there was resistance to this proposal.
The voluntary nature of the present arrangements does not make sense. We need proportionate, sensible consistency, an awareness of the threat and to look at best practice. Learning from each other, we must be aware of where we seek to go. Proper security checks at venues where members of the public will expect to have their bags searched and to pass through a metal detecting arch, which people are used to going through at airports, should become the norm and accepted practice. The noble Lord, Lord Carlile, is right about proportionate measures. I was at the Globe theatre on Saturday night watching a play at the Sam Wanamaker Playhouse and there was a simple bag search when I arrived. When I go to the Oval, as I do many times over the summer, there is always a simple bag check when I arrive. It is sensible and there is no problem whatever for anyone attending matches there. Presently, however, things can vary from place to place, with some large venues having a very public presence while others seem less engaged. Comprehensive CCTV systems should be in place both inside and outside large venues, monitored at all times during the lead-up to the event itself and afterwards as crowds disperse. When you arrive or leave a venue, the area immediately outside can often be particularly vulnerable. Such areas are outside most if not all the security measures, so specific measures need to be put in place to mitigate risks there.
I very much welcomed the statement from Andy Burnham, the Mayor of Greater Manchester, and from Councillor Nigel Murphy, deputy leader of Manchester City Council, whereby the authority is developing a scheme of best practice and looking at the existing range of licensing conditions to incorporate specific counterterrorism measures. They are often just simple common-sense measures, stepping back and looking at the threats and risks and what can be done to mitigate them.
My noble friend Lord Harris of Haringey conducted his review into London’s preparedness to respond to a major terrorist incident. Although the review was directed in large part towards the Prepare strand of the Contest strategy, some specific recommendations were particularly relevant to this debate; he outlined them in his contribution. They were relevant not only for sports stadiums and concert venues but other places where crowds of people can gather, including shopping centres, museums, galleries, cinemas, railway stations, the high street and other places we go to as part of our daily lives. But I fully accept that the measures must be proportionate.
Will the Minister please tell the House what support will be available to the police, local authorities, businesses and others—financial support and specific specialist advice—in addition to the points raised by my noble friend. We should look at things such as the installation of protective bollards in areas of high vulnerability both in London and outside the capital. Some places you visit have sensible security measures in place, with bollards and well-placed street furniture, but you can walk down the road and it can seem much less secure within 100 yards, despite important buildings being there. I have already mentioned CCTV and developing a network of live CCTV streaming not only of places in London where it might be of value but elsewhere in the country. Again, what financial resources and specialist advice will be provided to police, local authorities, businesses and others in this regard?
Does the Minister see a role for local authorities in making an assessment of the risks in their areas—taking special advice about the sort of places we have been talking about and working with local police forces—which can be fed back to the Home Office so that we get a proper assessment of where we are, the risk and what proportionate measures could be taken to mitigate that risk?
The right reverend Prelate the Bishop of Southwark reminded us that we need to recognise that we cannot always detect everything. Sometimes we do a review and come to the conclusion that everything that can be done has already been done. I fully accept that point. The noble Lord, Lord Anderson of Ipswich, made the point, which I accept, that there are other types of attack that are not terrorism but which can be equally devasting. When we plan security measures, they should cover all those things, not just one particular kind of attack.
In conclusion, I again thank my noble friend for introducing this most important debate and hope that in responding the Minister can, in addition to answering the points raised, set out clearly the Government’s thinking and timetable for action.
Facial Recognition Surveillance
Lord Kennedy of Southwark Excerpts(5 years, 3 months ago)
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Lord Kennedy of Southwark (Lab Co-op)
My Lords, I thank the Minister for repeating the Answer given to the Urgent Question in the other place today. The Government have promised to empower the police to safely use new technologies within a strict legal framework. The announcement of automated facial recognition has been made before such legislation has been introduced and seems to be on the basis of a court ruling that is being appealed.
Further, Article 8 of the European Convention on Human Rights requires that intrusions, however justified, are in accordance with the law. With those points in mind, can the Minister confirm when the Government will introduce the necessary legislation, and can she further confirm that the technology will not be used until that legislation has been passed?
Baroness Williams of Trafford
My Lords, this was recently tested in court and the High Court found that the police were operating within the law, so we do not feel that there is any need for further legislation at this point. However, I understand that the decision is being appealed, so that is probably about as far as I can go today.
Asylum Claims: Child Trafficking
Lord Kennedy of Southwark Excerpts(5 years, 3 months ago)
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Baroness Williams of Trafford
As the right reverend Prelate may know, independent child trafficking guardians are currently operational in a third of all local authorities in England and Wales, and we currently remain committed to the rollout nationally.
Lord Kennedy of Southwark (Lab Co-op)
My Lords, what would a victim of child trafficking have to demonstrate to satisfy the Home Office that they are a victim?
Baroness Williams of Trafford
Usually, a victim of child trafficking is an extremely traumatised individual; that should be evident. I am sure there are assessments of vulnerability. In particular, the circumstances in which a child arrived in the UK might indicate that they are a victim of child trafficking. It may also, however, be established through the course of their seeking asylum here that they are a victim of trafficking. It does not always come out initially.
Crime: Police Numbers
Lord Kennedy of Southwark Excerpts(5 years, 6 months ago)
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Lord Kennedy of Southwark
To ask Her Majesty’s Government what assessment they have made of the relationship between the number of police officers and the level and types of crimes committed.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, many factors impact on crime levels. More reporting of hidden crimes, recording improvements and some genuine increases in offending have all contributed to recent increases in recorded crime. We also know that increases in fraud, cybercrime and high-harm offences have intensified pressure on police resources.
Lord Kennedy of Southwark (Lab Co-op)
My Lords, the previous Prime Minister and the previous Home Secretary seemed to suggest that there was no link between the level of crime and the number of police officers, but the actions of the present Prime Minister and the present Home Secretary suggest that they agree with the Commissioner of the Metropolitan Police that there is such a link. Who should I believe?
Baroness Williams of Trafford
As I explained to the noble Lord, these things are multifactorial. The increased pressure on police, the increased demand on police, the changing nature of crime and certainly some of the issues we have seen in the last couple of years have placed unprecedented pressure on police. The noble Lord, Lord Hogan-Howe, often mentions the efficiency and effectiveness of the police, as well as the resources and capabilities that we support them in having.
Visas
Lord Kennedy of Southwark Excerpts(5 years, 6 months ago)
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Baroness Williams of Trafford
I appreciate the point the noble Lord makes. He has made it before, particularly on the route from Ireland. There is a concession under the tier 5 route for creative workers and entertainers for non-EEA and non-visa nationals. That concession, as he knows, allows them to enter the UK without obtaining entry clearance. But he will also know that new guidance is now out for those multiple applications. Indeed, not only has the route through Ireland been temporarily clarified since February this year, but we plan to make secondary legislation changes to the Immigration (Control of Entry through the Republic of Ireland) Order 1972 so that non-EEA and non-visa nationals who hold a valid COS not only will receive deemed leave but will not have restrictions on paid entertainment.
Lord Kennedy of Southwark (Lab Co-op)
My Lords, the Minister has heard a couple of examples of the problems that academics and visiting musicians are having getting visas to work and perform in the UK. What effect does she think these cases are having on our international reputation?
Baroness Williams of Trafford
I outlined the visa acceptance grant rates, which are extremely high— 98% for tier 2—and the speed at which they are granted. I think 97% are now granted within the 15-week service standard.