Police, Crime, Sentencing and Courts Bill

Lord Polak Excerpts

2nd reading
Tuesday 14th September 2021 Lords Chamber

[Lord Polak (Con)]

I add my congratulations to my noble friend Lord Sandhurst on his maiden speech. We will all benefit from his wisdom. I also welcome the overall thrust of this Bill; there is so much in it that needs to be achieved. My noble friend Lord Goschen raised the important issue of the rights of the silent majority. I may be from Liverpool, and I learned to look after myself, but being stuck in my car at the lights at Parliament Square for over an hour, surrounded by a mob, was not pleasant. I am also grateful to Barnardo’s for its excellent briefing. I concur with its two main points on tackling child exploitation and ensuring that the proposed serious violence partnerships prioritise children.

Earlier this year, the Domestic Abuse Act finally became law. The legislation signalled a major step in improving the support provided to victims and holding perpetrators to account but, to ensure the Act has the fullest of impacts, it is vital that it does not stand in isolation. Its key principles must surely extend to other relevant legislation, which is why I am pleased to join my noble friend Lady Bertin, and the noble Lords, Lord Russell of Liverpool and Lord Rosser, in tabling our amendment.

I am deeply concerned that, in the little over six months since the Domestic Abuse Act received Royal Assent, its spirit and ambition do not appear to have been extended to this Bill. The Bill is designed to improve the way in which our criminal justice system works and it rightly includes a specific focus on how local partners, including the police, must work together to prevent and reduce serious violence.

My noble friend Lady Bertin highlighted that this presents a vital opportunity to prevent domestic abuse and sexual violence from occurring in the first place. She was right to remind us that one-third of all violent crime recorded by the police is related to domestic abuse. Like the noble Lord, Lord Walney, I am therefore at a loss to understand why domestic abuse and sexual violence are not put at the heart of this Bill. Furthermore, I am struggling to understand why they are not specifically recognised as a form of serious violence for the purpose of the new serious violence prevention duty. Explicitly including domestic abuse, domestic homicide and sexual violence would help to guarantee that robust prevention work is rolled out consistently across the country. This is urgently needed to tackle the scale of domestic abuse and sexual violence.

This should include education programmes in schools to help children recognise the early indicators of unhealthy relationships, intervention programmes for perpetrators, and training to help healthcare professionals recognise the signs of domestic abuse and ensure that victims and survivors are referred to specialist support. I urge the Minister, who so ably piloted the Domestic Abuse Bill through this House, to continue that work and extend the definition of serious violence for the purpose of the new serious violence prevention duty.

Domestic Abuse Bill

Lord Polak Excerpts

Report stage & Lords Hansard
Monday 8th March 2021 Lords Chamber

[Lord Mann (Non-Afl)]

My Lords, it is a pleasure to listen to and follow my noble friend Lord Mendelsohn and the other sponsors of these amendments.

I wish to make two brief points. The first is that whenever there is an unequivocal imbalance in power relations, that affects behaviour. The behaviour relayed to me in the context of these amendments particularly concerns women who remain in abusive relationships precisely because, in any definition of “negotiation”, the odds of getting out are stacked against them. One cannot go fairly into a separation negotiation if the other side has additional cards that are greater than the ones you possess. That imbalance affects ongoing behaviour; it will be affecting people’s behaviour now, as my noble friend Lord Mendelsohn rightly pointed out, in cases where perhaps no one will know anything at all other than the woman directly affected. There is a responsibility on the Government to listen acutely to the expertise being brought.

That brings me to my second point—and it is an apposite time to be making it in the context of Lord Speaker elections and people thinking about the size of the House—about the diversity of this place. There is no purpose in having an unelected Second Chamber if it does not represent the diversity of the communities out there. With these amendments and the Government’s arguments against them, we see a juxtaposition of the best and the not so good. Here we see a community effectively represented, by Members from across the range of the political spectrum knowledgably putting forward their expertise to the Government and to the House. But if we are to have a purpose here and carry out the precise role that an unelected Chamber needs to, we need to be far more inclusive of all communities across the country. The amendments, as clearly as any that I have ever seen, absolutely demonstrate the strengths of this House but also, in a sense—and I anticipate that this will be the Government’s response—part of its ongoing weaknesses, in that we are not inclusive enough of all communities.

I congratulate those who have brought forward their expertise from their community for the rest of us. With such cross-party wisdom, it would be foolish of us to ignore that expertise.

[Lord Polak (Con)]

It is a pleasure to follow the noble Lord, Lord Mann, who, as a non-Jew, has done, and continues to do, so much in the fight against anti-Semitism.

The well-informed debate in Committee was a good one and today’s debate has been just as important and impressive. I am delighted to confirm the assertions by the noble Lord, Lord Winston, about his mother, the late Ruth Winston-Fox; she was a force to be reckoned with but also a wonderfully warm, creative and successful campaigner. She clearly produced quite an impressive son, too.

The Bill, which is welcomed across the House and beyond, is about helping as many people who need it as possible. That is why I support my noble friend Lady Altmann’s amendments; as always, she made the case strongly and eloquently. I too am grateful to the Government, specifically on the Front Bench, my noble friends Lady Williams and Lord Wolfson. There can be no doubt in my mind that withholding a get is abusive behaviour. I also pay tribute to the inspiring work of Jewish Women’s Aid.

--- Later in debate ---

[Lord Curry of Kirkharle (CB) [V]]

My Lords, I support the purpose of this amendment, and in doing so I also pay tribute to the work of the noble Baroness, Lady Meyer, on this matter. She has been consistent in her determined efforts to ensure that the impact on children is not forgotten in debates on the Bill and that parental alienation is much better defined than is the case at present. I believe that the Bill would benefit from greater clarification.

It is vital that, among the many difficult and complex issues within the Bill, we consider the impact that parental behaviour can have on their children. Sadly, there are times when the actions of one parent can, over time, damage and diminish the child’s relationship with the other parent.

I decided to participate in this debate because I have witnessed this behaviour and the devastating impact it can have, through manipulation, the loss of self-esteem and confidence, the fear of even correcting a child for misbehaviour in case it results in reporting back to the other parent and, in doing so, perpetuating the abuse and alienation. This can obviously have lasting emotional and psychological effects on the parent but also, importantly, on the child.

As has been stated a number of times, these are complex and sensitive issues, and such instances must be handled with extreme care, bearing in mind the particular circumstances of each individual case. However, when a child is forced into choosing sides in an argument, when the emotional stability and authority of one parent is consistently undermined by the other, this puts the child or children in a potentially traumatic situation. This should be considered a form of abuse and included within the scope of the Bill.

The consequences can include insomnia, depression, lack of confidence as well as long-term difficulties in rebuilding relationships and in relationships with others. This amendment makes it clear that damaging the relationship between a child and a parent is abusive behaviour. By extension, this makes the Bill more thorough in the abuse it identifies and seeks to prevent. I acknowledge the wise advice from noble and learned Lords during this debate, and I hope that the Minister will respond positively to this discussion.

[Lord Polak (Con)]

My Lords, I spoke in support of my noble friend Lady Meyer’s amendment in Committee and do so again. I congratulate my noble friend Lord Cormack, for I agreed with his every word.

I continue to read, and I continue to listen. The arguments have been well made, and again I pay tribute to my noble friend Lady Meyer for her courage and resilience. It is clear to me that there are difficulties, opinions and alternative views—all that is legitimate. What is not legitimate is that the experiences and feelings of those who have suffered from alienation are either denied a voice or told that this does not happen. It plainly does.

The noble Baroness, Lady Chakrabarti, made a sensible point about the danger of creating a hierarchy of abuse, which I agree with. Can my noble friend the Minister assure me that the genuine and real cases of parental alienation—of which, sadly, there are many—must be heard? It could be a severe form of abuse if mention of parental alienation is not made within the guidance.

[Baroness Hoey (Non-Afl) [V]]

My Lords, I have no hesitation in supporting the aims of this amendment standing in the name of my friend, the noble Baroness, Lady Meyer, and others. I feel very strongly that we will listen—I certainly will—to what the Minister is going to say, because there are difficulties. I have listened to some of the opposition to the amendment, although there seems to be a very general agreement on the principles. It has now become a very wide-ranging Domestic Abuse Bill, so I really need to be satisfied that the aims and principles of what we are trying to do in this amendment, and what the noble Baroness, Lady Meyer, is trying to do, will actually be satisfied without the amendment.

I believe that we should use the Bill to protect children and their victim mothers or fathers from psychological abusive and coercive control. During my 30 years as a Member of Parliament, I had many cases of parents, male and female, coming to see me and telling me in harrowing tones what was happening. They did not use the words “parental alienation”—it is a very Americanised term, which I personally do not like. But I listened to the some of the ways in which they talked, very simply—[Inaudible.]

Domestic Abuse Bill

Lord Polak Excerpts

Committee stage & Committee: 6th sitting (Hansard) & Committee: 6th sitting (Hansard): House of Lords
Wednesday 10th February 2021 Lords Chamber

[Lord Strasburger (LD) [V]]

My Lords, I support all the amendments in this group but I will focus my remarks on Amendment 167, to which I have added my name. This is a good Bill and it contains many well thought out provisions to help victims and survivors of domestic abuse, but it deals almost exclusively with the support of those victims after the abuse has occurred. That is commendable, but it is not enough. Surely we also need measures to stop abuse happening, so that there are fewer victims and there is less harm done to them and their children.

Amendment 167 focuses on the perpetrator rather than the victim to prevent repeat occurrences with the same victim or, as often happens, with fresh victims. If we want to reduce domestic abuse, we need to change the focus. Instead of asking “Why doesn’t she leave?”, we should be asking “Why doesn’t he stop?” We should be changing the dynamics of abusive relationships, making it clear that responsibility lies with the perpetrators of domestic violence and giving them tools to deal with their behaviour.

We already know, and we have heard again today, that high-quality interventions can substantially reduce or even stop violence and coercive control, which leads to happier and safer lives for victims, their children, and future generations. Amendment 167 calls for urgent research on the assessment and identification of perpetrators. Domestic violence does not come from nowhere. It often builds over time until outbursts of violence become commonplace. For example, we already know that non-fatal strangulation is a common signal of future, more serious violence and even murder. This research should lead to an increasing number of high-quality rehabilitation programmes, which should be checked for quality and based on best practice. The opportunity to make use of such a programme should no longer be a postcode lottery based on whether an appropriate charity is funded in your area. It currently amounts to a postcode lottery as to whether the one or two women who will be killed this week by their partner will be you, your daughter, your sister or your mum.

We should be ambitious in tackling the foothills of domestic abuse issues. Specialist work that challenges abusive attitudes and behaviours should be part of every school curriculum, so that every child knows what an abusive relationship looks like. We can teach the next generation to recognise the warning signs, so that they can avoid ever entering into such a relationship —either as an abuser or a victim. For those children who know all too well what domestic abuse looks like, we can give them the vocabulary and a place to talk about it, and chances to seek help to stop it.

We know that working with perpetrators brings success. The University of Bristol’s three-year study of over 500 cases, as we have heard earlier, shows an 82% drop in physical abuse and an 88% drop in sexual abuse. Similar dramatic drops in stalking and controlling behaviours are also seen after high-quality perpetrator programmes.

Domestic abuse leads to whole families living with the constant presence of fear at home. It leads to victims in a constant state of high alert, concealing physical and emotional damage, terrified almost every moment of every day, but with nowhere else to go. It leads to children feeling frightened, powerless, confused and angry, and their taking responsibility for events over which they have no control. They are unable to concentrate at school, unable to make friends, afraid to go home and afraid not to.

Domestic abuse leads to abusers feeling that the only way they know of staving off loneliness is to carry on controlling, beating, hurting, screaming, shouting and threatening, because no one who had a choice would ever live with them. Perpetrator intervention can reduce and even eliminate this pain, violence and death which leaks from relationship to relationship and generation to generation. We know this and now we have the chance to act on it. Amendment 167 is that chance, and I hope the Government will accept it into this Bill.

[Lord Polak (Con)]

My Lords, one is always left stunned and moved when listening to my noble friend Lady Newlove. I rise to support Amendment 167 in the name of my noble friend Lady Bertin and others. I congratulate her on her clear and persuasive introduction.

As I said last week when moving Amendment 176 in my own name, to truly tackle domestic abuse we must be bold. We need to take a holistic, whole-family approach, with targeted interventions to support adult victims to rebuild their lives, to support children experiencing domestic abuse and to ensure that perpetrators have access to quality programmes to prevent offending and reoffending. It is the quality programmes for perpetrators that Amendment 167 is addressing.

We know from MARAC data that there are at least 53,000 high-harm perpetrators in England and Wales at any given time. We know too that the Drive project which noble Lords have spoken about, set up by Respect, SafeLives and Social Finance, is probably the best-funded perpetrator intervention programme. It has suggested that it is working with just over 2,000 of the highest-harm perpetrators who pose a risk of murder or serious physical harm. It is important, it is praiseworthy and it is life-saving work, but 2,000 out of 53,000 is not even scratching the surface. As my noble friend Lady Newlove explained, so many are in danger now.

This timely and vitally important Bill is very welcome and has so much support, but this amendment is crucial. It is crucial that efforts are made to improve and enhance current perpetrator programmes, but it is also crucial to dramatically increase the number of programmes. I look to my noble friend the Minister to find a way to welcome this amendment, as it will enhance this vital legislation. As my noble friend Lady Bertin rightly said, it has support not only across this House but from countless organisations on the front line, from children’s organisations to the police, LEAs and—perhaps most tellingly—survivors themselves.

[Lord Farmer (Con) [V]]

My Lords, I am also pleased to speak in support of Amendment 167 in the name of my noble friend Lady Bertin. I am pleased to follow my noble friend Lord Polak in his encouragements for this amendment to be made law, particularly because of the emphasis on prevention as well as perpetrators in the strategy. It is essential to focus adequately on perpetrators, but this is late intervention. It needs to be properly matched with a root-and-branch approach to early intervention, preventing, where possible, the precursors to violence and abuse from developing into full-blown perpetration.

There is very little mention of prevention in the Bill as it currently stands, yet adopting a prevention paradigm is indispensable for reducing the staggeringly high levels of domestic abuse reported in this country over the long term. This requires acknowledging that in this area of policy, as in so many others, people cannot be treated as individuals, because their identity, health and well-being fundamentally depend on their relationships. As well as being a crime, domestic abuse is a problem with a relationship or set of relationships, and if we are ever to get ahead of its dreadful curve, a cross-government approach to strengthening families before, during and after abuse occurs is utterly foundational.

I could substantiate this in very many ways. The noble Baroness, Lady Casey, when she led the Government’s troubled families programme, highlighted the ubiquity of domestic violence in the families being helped. Evidence suggests that the most powerful contributors to domestic abuse in our society are rooted in the relationships people have and are witnesses to when they are young. This needs to be addressed in a prevention paradigm. Childhood exposure to domestic violence and child physical abuse are two of the most powerful predictors of both perpetrating and receiving domestic abuse as an adult. Domestic violence between parents increases the likelihood of violence in their children’s later relationships by 189%. The public understand this. Polling carried out by the Centre for Social Justice, albeit in 2011, found that most of the population—73% of adults—think that if we want to tackle domestic abuse, we have to recognise that many perpetrators have themselves been victims of abuse.

Childhood neglect can mean that individuals enter adult life unable to regulate their emotions and communicate with others. They often have intrusive memories of violence, think badly about themselves or others and are at risk of struggling profoundly when they become partners and parents. Obviously, there are other cultural influences, such as misogyny and enduring beliefs that it is okay, under certain circumstances, to resolve arguments with violence. These can be tackled also with social marketing. In Hull, they put up posters with slogans such as “Real Men Don’t Hit Women”.

Low income is consistently associated with, and indeed worsened by, domestic abuse. Victims’ ability to work is hampered by psychological and physical effects, and restricting their access to work is a form of abuse of economic control. Money worries make conflict about finances more likely to trigger aggression. It can also threaten men’s identity where lack of money is associated with lack of male power. Men denied power through social status can seek it in violence, social control and subjugation of women.

Alcohol and drugs are also massive drivers. In almost two-fifths of domestic violence incidents, the perpetrator is under the influence of alcohol; in one-fifth of cases, under the influence of drugs; and sometimes, both. Substances hamper social and problem-solving skills and the ability to control emotions and they lower inhibitions, but the link between alcohol and violence is socially learned. This and the other factors cited above, including adversity in childhood, are never excuses; they simply help to explain. Many men and women with the most desperate back stories never resort to abuse. They may even determine to alchemise adversity into kindness towards themselves and others.

Finally, if we are to prevent revictimisation, we have to recognise that victims are often unable to break free of the psychological drivers embedded in their past experiences. These can contribute to them becoming enmeshed in an abusive relationship in the first place, and help explain why they feel so ambivalent towards the perpetrator and end up in other abusive relationships. Between 40% and 56% of women experiencing domestic abuse have had a previously abusive relationship. In one study, 66% of refuge residents had previously left and returned to their abusive partner; 97% of these women had done so on multiple occasions. These are sobering statistics because the impact of abusive relationships is cumulative; so much of the harm associated with domestic abuse is due to multiple victimisation.

I hope that I have given the Government a steer as to what a prevention strategy would look like. It would acknowledge the effects of low income, substance misuse and culture, but primarily focus on early intervention in families and be explicit about the relational character of domestic abuse. It would highlight the role of family hubs as places people can go to get help in this area, including when early signs of violence are seen in children and young people. In summary, families and family relationships can no longer be neglected in solutions to this most heinous of social problems.

Domestic Abuse Bill

Lord Polak Excerpts

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

[Baroness Lister of Burtersett (Lab) [V]]

My Lords, I was pleased to add my name to Amendment 101, which in some ways follows on from my group of amendments on social security, debated last Wednesday.

If we had a decent social security system that provided genuine security to survivors of domestic abuse, including economic abuse, and still had a national emergency scheme like the Social Fund, we might not need local welfare assistance schemes. As it is, such schemes, which constitute the final safety net—leaving aside charitable support—are in a parlous state, despite the welcome injection of cash to help cope with the pandemic.

When local welfare assistance schemes were introduced to replace the national Social Fund, the Government refused to make them compulsory or to ring-fence the money allocated, despite your Lordships’ best efforts. It is no surprise, therefore, that when local authorities are strapped for cash because of years of cuts, research by the Children’s Society last year found that one in seven local authorities does not even run a scheme any more. It found that, of 121 authorities that provided spending data, about three-quarters spent less than half their allocated budget on local welfare assistance schemes. That budget has itself been cut, so that overall, it stands at less than half the money that was allocated to the Social Fund it replaced.

As the noble Baroness, Lady Burt of Solihull, has pointed out, the lack of any regulation has given rise to our old friend the postcode lottery, which is particularly damaging to domestic abuse survivors who might find themselves excluded by local connection criteria if they have moved local authorities to escape their abuser. A woman might find herself excluded because she is subject to the “no recourse to public funds” rule. It is essential that any guidance issued under this amendment, should it eventually pass, ensures that these groups are covered.

More generally, domestic abuse survivors need the security of knowing that they can get appropriate help from local authorities and not just help in kind which may well not be appropriate. It is not good enough that we have to rely on a charity to provide basic information on state local welfare assistance schemes because central government have taken the Pontius Pilate approach and washed their hands of all responsibility for the schemes, ignoring the recommendations of the Work and Pensions Committee in a previous Parliament.

Paul Maynard MP on the Government Back Benches is leading a cross-party call tomorrow in the Commons for a review of local welfare assistance schemes, supported by among others former Secretary of State Iain Duncan Smith. Mr Maynard stated:

“We need to ensure we learn the lessons of the pandemic to embed a better provision of emergency support for some of the most vulnerable in our society.”

This amendment would at least require central government to exercise some responsibility towards this particularly vulnerable group of people and it therefore deserves support.

I also want to speak briefly in support of Amendment 176, leaving it to the sponsors of the amendment to make the case more fully. I am sure no one would dispute the importance of specialised domestic abuse provision for a range of minority groups, including particular provision by and for domestic abuse victims and survivors. It is just such provision which has been particularly vulnerable to funding cuts and changes in commissioning practises in recent years, as was discussed earlier. That is sufficient reason for supporting this amendment, but it would also go some way to redress the balance, following the welcome introduction in the Bill of a duty on local authorities to assess the need for accommodation-based services by ensuring the duty in this new clause covers community-based services. As important as accommodation-based services are—they are very important—the Justice Secretary noted at Second Reading debate in the House of Commons that 70% of domestic abuse victims never set foot in a refuge. Many of them will seek support from community-based services.

The Government say they need more evidence about the need for community-based services and that nothing can be done until the domestic abuse commissioner designate has completed her investigation. However, the domestic abuse commissioner herself and organisations on the ground insist there is ample evidence to make legislative provision now. What further evidence do the Government need?

In Committee in the Commons, the Minister assured MPs that

“the Government are committed to addressing”

Whatever the domestic abuse commissioner’s findings are,

“that the commissioner will publish her report under clause 8”,

and the Government are

“required to respond to it within 56 days.” ”—[Official Report, Commons, Public Bill Committee, 11/6/20; col. 249.]

That is all well and good, but this Bill will be on the statue book by then. The chances of another Domestic Abuse Bill coming along in the near future must be slim—just look at how long it has taken us to get to this point on this Bill. I hope the Government will listen to the experts, the domestic abuse commissioner designate and organisations on the ground and extend the duty on local authorities to assess the need for community-based services and accept this amendment as a way of doing so.

[Lord Polak (Con)]

My Lords, I rise to speak to Amendments 176 and 177, in my name, and I thank the right reverend Prelate the Bishop of Derby, and the noble Lords, Lord Russell of Liverpool and Lord Rosser, for their support. Amendment 176 is broad, and, to try to help the House, the right reverend Prelate the Bishop of Derby will speak to non-discrimination and the need for specialist services; the noble Lord, Lord Rosser, will speak on community-based services and how they support victims and provide perpetrator programmes; and the noble Lord, Lord Russell of Liverpool, will speak to the unintended consequences that the Bill risks having.

As I said last week, I am delighted that it is my Government who are putting forward this Bill, which has my strong support. I thank Barnardo’s and the Equality and Human Rights Commission, among others, for their help and advice.

At the outset, I welcome the announcement today of £40 million funding for community-based sexual violence and domestic abuse services. The Government have acknowledged the effect that the pandemic has had. This welcome government support only strengthens my argument that community-based services need long-term and sustainable funding. I hope the Government can solidify their good intentions by announcing that they will place community-based services on the same statutory footing as accommodation-based services.

The noble Baroness, Lady Lister, was right just now. On 16 June last year, the domestic abuse commissioner designate wrote to the Domestic Abuse Bill Public Bill Committee in the other place to follow up on her oral evidence to it. I am happy to quote from her letter:

“As I said in my oral evidence, I strongly welcome the Ministry of Housing, Communities and Local Government’s proposal to require Local Authorities to provide accommodation-based services, but it must go further. In order to address the breadth of domestic abuse services, the statutory duty must encompass those community-based services that are accessed by the majority of victims, survivors and their children, and must also include quality provision for perpetrators. I have very real concerns about Local Authorities redistributing their funding simply to meet the statutory duty, and therefore deprioritising those critical community-based services that can intervene earlier and prevent a survivor from being forced to flee to a refuge. There is already ample evidence to support this, and while my mapping work may well add to this evidence base, it is wholly unnecessary for Parliament to wait for it to complete before considering this issue.”


This is very clear. The commissioner designate acknowledges that the exercise will provide useful analysis of spending by local authorities on community-based services, but, crucially, she says that Parliament does not need to wait in legislating. She said this in June, and she has not changed her mind. This governmental concern about waiting is not shared by the commissioner and so many others, and I ask my noble friend the Minister to look at this again.

The other main concern has been the need to consult other public authorities. The new clause in Amendment 176 is structured so that it would improve service provision with immediate effect, with public bodies able to take into account relevant circumstances in deciding what constitutes “reasonable steps” and sufficiency. Taking new information into account, the nature of what constitutes “reasonable steps” and sufficiency will change accordingly as and when the outcome of any consultation or mapping exercise becomes available.

Many agencies are needed to tackle domestic abuse: among them are the police, housing, children’s services and the NHS. A multiagency approach is critical to ensuring that victims of domestic abuse are able to live and rebuild their lives free of abuse. The amendment brings these agencies together in a holistic approach.

The path to tackling domestic abuse is ensuring that all victims, adults or children, are able to access the support they require to recover from the trauma that they have experienced. For some victims, fleeing their home and seeking refuge in safe accommodation —a truly traumatic event in itself—may be their only option. Of course, this is no easy decision to arrive at: they may move miles away from their support networks and abandon their possessions and, sometimes, livelihoods, and their children may be taken out of their school—all for the pursuit of safety, while the perpetrator remains in the comfort of their own home.

For many victims, leaving home is just not an option: 70% of domestic abuse victims never set foot in safe accommodation, and it is clear that victims who are disabled, elderly, BAME or LGBTQ all face additional barriers to accessing safe accommodation—not to mention the vast number of child victims who are trapped. This is why I urge the Government to be bold and ensure that the Bill will help as many people in need as possible.

Domestic Abuse Bill

Lord Polak Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Monday 25th January 2021 Lords Chamber

[Lord Cormack (Con) [V]]

My Lords, I begin with an apology: I was unable to take part at Second Reading of this important Bill, a Bill on which I, like others, congratulate the Government. Unlike much of our discussion and debate in this House, this is a real debate, with passionate views, strongly and sincerely held, being expressed on both sides of the argument.

I come to this from a background of 40 years as a constituency MP. Throughout that time, I held frequent and regular advice surgeries—at least a couple a month. I was always most distressed and least able to help when people brought their parental and marital difficulties to me. Whenever I saw people to discuss these things, I became convinced that, in almost every case, the victims were the children. When there is a separation or break-up of a marriage, long-term relationship or anything else, it is the children who always suffer, regardless of the “blame” attached to either side. Other noble Lords will have shared these experiences, which were the most difficult—indeed impossible—to resolve adequately, properly and fairly.

Some years ago, when I was in the United States with the Foreign Affairs Committee of another place, I met someone who felt passionately about this issue. In the margins of our meetings, she explained to me the cause that she was championing and gave me some of the details of why she was doing so. That person was the wife of our then American ambassador, Sir Christopher Meyer, and is now our much-admired colleague in your Lordships’ House. She spoke today with passionate intensity; it was a very moving speech.

I was minded to say that I would of course support these amendments. I support so much of what is behind them, but I cannot ignore the powerful speeches from the noble Baronesses, Lady Brinton and Lady Helic, or from the noble Baroness, Lady Bennett of Manor Castle, a few moments ago. I am very persuaded by the noble and learned Baroness, Lady Butler-Sloss, who knows perhaps more than any of us about marital problems and difficulties from her work in the family court. Although she spoke so briefly but movingly, this is something we must not dismiss.

I wonder whether the Bill is the right vehicle at the moment. I am not saying that I am persuaded that it is not; I shall talk and read more after today’s debate, but one body is frequently derided in the modern age: the royal commission. I wonder whether a royal commission to look into these things, to weigh the conflicting academic and other evidence, might not offer a positive and helpful way forward. There is no doubt that both my noble friends Lady Meyer and Lady Helic would be more than well equipped to give powerful evidence to such a body—as would others; we have all had representations on both sides of the argument.

There is nothing worse than polluting the mind of a child and weaponising and indoctrinating a child, particularly doing it with the intention of discrediting the other parent. Those of us who have been fortunate enough to enjoy very long marriages and see our children likewise enjoy long marriages have no real idea of just how devastating the sort of situation that my noble friend Lady Meyer described can be. We can only listen with sympathy and regard. We can empathise to the best of our ability, but we have not been there and we do not know that. However, I think that it would be very sensible for a royal commission to look into this. Royal commissions do not always have to, in the words of the late Lord Wilson, take minutes and sit for years. A small group of very experienced lawyers and others could pronounce on this in a fairly short timescale.

For the moment, I reserve my position on this amendment. I want to listen to what others say in this debate and when we come to Report, but I ask my noble friend who will reply from the Front Bench at least to reflect on the suggestion I have put forward and see whether it offers us a way to achieve what my noble friend Lady Meyer would have us achieve without some of the dangers talked about so powerfully by the noble Baronesses, Lady Brinton and Lady Bennett of Manor Castle, and my noble friend Lady Helic.

[Lord Polak (Con)]

I am pleased to follow my noble friend Lord Cormack, and I agree with him, but my overriding concerns are for children. As I stated at Second Reading, I warmly welcome the step that the Government made to ensure that the children of victims of domestic abuse are duly recognised in the definition. The moving and in many ways deeply tragic stories so compassionately told by my noble friend Lady Meyer are an important lesson for all of us as we embark on five days of debate on this vital legislation. Sadly, we will all have stories. We all know of situations and we all know people affected, but overridingly we need to find ways to put a stop to the cycle of abuse. That is why I have so much sympathy for the aims of my noble friend’s amendments. It seems pretty clear to me that a child who has experienced parental alienation should be included as a victim of domestic abuse.

Like many noble Lords, I have received many briefings and personal testimonies. One in particular that arrived in my in-box saddened me on this important issue of parental alienation. It is not good enough for opponents somehow to pretend that either it does not happen or, as my noble friend Lady Helic asserted at Second Reading, to refer to the concept of “so-called” parental alienation. As my noble friend Lady Meyer clearly outlined, it can and does happen, and it is sadly so much more than a concept.

I was contacted and told the following story: “I was the victim of domestic abuse in 2006. I and my two children, aged three and five months, left the family home with the help of Women’s Aid. The father has used coercive control consistently since then, calling the police and the social services to say that I am abusing the children. It is always completely unfounded. In 2013, he decided to terminate all contact. He reappeared last year, and has now completely alienated my precious, loving 15 year-old son.” The story continued.

We must not neglect children who are suffering from the absence of a beloved parent due to manipulation by another parent. My noble friend Lady Meyer is quite right to say that parental alienation is not an ideology or a concept. It is real. I will be interested if the Minister can explain why alienation does not fit into Clause 1(3), which refers to,

“physical or sexual abuse … violent or threatening behaviour … controlling or coercive behaviour … economic abuse … psychological, emotional or other abuse.”

Could paragraph (c) not read “controlling, alienating or coercive behaviour”?

--- Later in debate ---

[Baroness Deech (CB) [V]]

My Lords, like the other stories lying behind the need for this Bill, this set of amendments reveals a shameful story. I am pleased to support this group of amendments and to support the noble Baroness, Lady Altmann. There could be as many as 100 women at a time caught in this situation who are known to the religious courts. It is not uncommon for women to secure their release by paying sums extorted from them by acts comparable to blackmail. The grant of the get can be used by the husband as leverage. A recent case involved a woman paying her ex-husband £50,000 for her freedom after 15 years of being chained; others have cost similar five-figure sums. It is reported that more abuse occurs nowadays than previously, perhaps connected to higher divorce rates and higher financial obligations imposed by secular courts. It is true that a religious divorce needs the woman’s agreement as well, but her refusal can be overridden by a religious court whereas a man’s cannot. Noble Lords can imagine what we women think of this and the lack of respect we have for the rabbinic authorities who manage to find all sorts of loopholes in religious law but not in this one.

It is embarrassing to have to turn to secular law for relief. The Divorce (Religious Marriages) Act 2002 allows parties to ask a judge to delay a decree absolute until a religious divorce is finalised, but this law is ineffective if the husband does not care about getting a civil divorce. Then there is the Serious Crime Act 2015, Section 76, which is referred to in the amendment too. In the circumstances of a get refusal, there have been prosecutions launched against wholly unreasonable and controlling husbands under that section, which created the offence of controlling or coercive behaviour in an intimate or family relationship. Withholding the get fits well within that section. It is not, however, retrospective, and a person bringing a private prosecution has to be prepared to foot the bill for their legal costs. The section needs the proof of intent to cause fear of violence or serious distress. The cases about the get brought under this section never came to court because, once the husband had been served with the charge, he caved in. The result is that there is no precedent that this section can in fact be used where a get is withheld.

So why will the potential of Section 76 not suffice for the cruel treatment that has been described? The answer is that there would be advantages to dealing with unreasonable withholding of the get in the domestic abuse setting rather that of the Serious Crime Act. The use of a domestic abuse protection notice or order would open the door to a range of support for the victim. It also would mean that, rather than a criminal procedure, the perpetrator—usually, but not always, the husband—will be subject to a civil preventive measure, the notice, not a finding of guilt. A domestic abuse protection order can contain appropriate conditions, and must not conflict with the perpetrator’s religious beliefs. It is important that a domestic abuse order or notice be perceived as less coercive than a criminal conviction under the Serious Crime Act 2015. This is because a strict interpretation of the orthodox Jewish law requires that the husband be not directly coerced into giving the get; it has to be voluntary, as is widely understood. I am not defending this for a moment but, for those for whom the correct religious forms are important, and bearing in mind the impact on their present and future families, a domestic abuse protection notice or order would be a lifeline in secular and religious terms.

I support this set of amendments, which define the unreasonable withholding of a get as abusive behaviour; that is, when one spouse acts in a way which is controlling, coercing or threatening, or abusing the other spouse’s normal civil liberty of being able to remarry and have children in accordance with her beliefs. I hope that this House and the Government will extend a helping hand and free these unfortunate women.

[Lord Polak (Con)]

My Lords, I will speak to Amendments 3, 5, 168, 169 and 170. I congratulate my noble friend Lady Altmann on her excellent introduction. I am delighted that my Government are putting forward this Bill and its attempt to provide as comprehensive as possible a set of arrangements relating to domestic abuse; it has my strong support. I am particularly grateful to the Ministers, my noble friends Lady Williams of Trafford and Lord Wolfson of Tredegar, for their willingness to engage.

To be clear, as my noble friend Lady Altmann said, the majority of cases of Jewish divorce are completed without too much difficulty; in the Orthodox community, they are handled by a beth din, and the judges—or dayanim—of the beth din ensure that all provisions of Jewish law are fully and appropriately adhered to. However, there are far too many cases where a man with ill intent can frustrate the process with potentially devastating ramifications for his spouse and, of course, his children. These amendments are clearly being proposed to ensure that victims of domestic abuse or coercive behaviour have full access to the provisions of the Bill. The amendments do not reduce the court’s existing ability to allow the religious courts to apply halacha—Jewish law—or, in particular, the provisions of the Divorce (Religious Marriages) Act 2002, which had the support of Lord Jakobovits, Lord Sacks and the London Beth Din.

As a practising member of the modern orthodox community, let me be absolutely clear: I am not remotely qualified to make statements on behalf of anyone, and certainly not on behalf of the beth din. However, I acknowledge that the beth din of the United Synagogue should be commended on the efforts it has made to limit the number of agunot—chained women. It has recently and rightly taken out adverts in the Jewish press that name and shame Jewish men who have refused to give a get, but sadly there is still so much more to do. However, these are overriding matters for the religious authorities and they should continue their own deliberations, although I believe that there may be scope for the Minister, my noble friend Lord Wolfson, to explore potential opportunities with the beth din going forward.

Domestic Abuse Bill

Lord Polak Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Tuesday 5th January 2021 Lords Chamber

[Lord Polak (Con)]

My Lords, while I welcome the important step that the Government took in July, ensuring that the Bill would recognise the children of victims of domestic abuse in the statutory definition, the Government can take a further important step to break the cycle of abuse by ensuring that all children, no matter where they live, can access support to help them recover.

Yesterday I spoke to Naomi Dickson, chief executive of Jewish Women’s Aid for the last seven years, to whom I pay tribute, although it is by no means only me paying tribute to her; a few weeks ago, she was named in the BBC’s list of 100 women of 2020, a list of the most inspiring women from around the world. Yesterday, she told me how the JWA helpline was over 30% busier since Covid began, and how she had found it necessary to initiate a welfare grant scheme, with small but vital grants being given to needy mothers and children for the most basic of requirements. However, the deserving recognition on the BBC’s list is a double-edged sword. On the one hand, the public recognition of someone who has dedicated her professional life to supporting Jewish women and children who sadly have experienced domestic abuse is appropriate and fitting, but on the other, Naomi receiving this deserved recognition is a stark reminder of a real and urgent problem that must be addressed and tackled.

My daughter Natasha, an art therapist, co-founded a charity, Arts Therapies for Children. The demand for its services has grown enormously since its creation in 2016. It is currently experiencing the greatest demand due to Covid, as children are struggling more than ever with their mental well-being. I have also had the privilege of being briefed by practitioners and experts, and particularly thank Claire Stewart of Barnardo’s. Clearly, for the Bill to achieve its stated aim of being a ground-breaking landmark Bill, more emphasis on commissioning specialist support and services for all those affected by domestic abuse is needed. I agree with the sound and wise words of my noble friend Lady Chisholm. There are hundreds of thousands of children suffering, and while I welcome the inclusion of children within the working definition, this needs to be reflected in service provision for these victims, or the Bill will be inadequate and the opportunity to stop the cycle of abuse continuing into adulthood will be missed.

I agree with the domestic abuse commissioner, Nicole Jacobs, who told the Bill Committee in another place that what is missing from the Bill is the inclusion of community-based services in the statutory duty. If there is a statutory duty for refuge-based or accommodation-based services, local authorities will prioritise that duty, so community-based services will be curtailed or possibly cut. Community-based services will become the poor relation. People will suffer. Children will suffer; they will not be educated to know what is and is not a healthy relationship, and could become the victims or the perpetrators of the future. There is an opportunity to stop this and make a difference. I urge my noble friend the Minister, who is empathetic, to find a way of ensuring that the Bill becomes that landmark Bill and includes community-based services in the statutory duty. Children are the group most at risk from domestic abuse and should be at the very heart of this vital legislation.

Security Co-operation

Lord Polak Excerpts

Wednesday 2nd December 2020 Lords Chamber

[Baroness Williams of Trafford (Con)]

The European arrest warrant is used exclusively by EU members, obviously. We have proposed that an agreement with the EU should provide for fast-track extradition arrangements, based on the EU’s arrangements with Norway and Iceland but with appropriate further safeguards for individuals.

[Lord Polak (Con)]

My noble friend has rightly stated that the safety and security of our citizens is the top priority and that the UK will continue to be a global leader in security. One therefore hopes that our European friends will continue to work closely with us to ensure the safety of all our citizens. In the unlikely event that we leave without a deal, can my noble friend confirm that there are well-developed and well-rehearsed plans in place to ensure the safety and security of the British people?

[Baroness Williams of Trafford (Con)]

I can confirm that for my noble friend. I also reiterate his point that the safety and security of our citizens is the Government’s top priority. We are negotiating an agreement on law enforcement and criminal justice with the EU to equip our operational partners on both sides with the capabilities to protect citizens and bring criminals to justice.

Domestic Abuse: Protection of Victims

Lord Polak Excerpts

Tuesday 27th October 2020 Lords Chamber

[Baroness Williams of Trafford (Con)]

I do not think anyone in the House would disagree with the noble Baroness that some children have probably experienced terrible things during lockdown, with not only their parents being victims of domestic violence but themselves too. Even if a child sees domestic violence going on, they are a victim, and that is why we have included it in the definition of a victim of domestic abuse. One of the key functions of the domestic abuse commissioner will be to encourage good practice in the identification of children affected by such abuse and the provision of protection and support to people, including children, affected by domestic abuse.

[Lord Polak (Con)]

My Lords, the Domestic Abuse Bill, as currently drafted, places an important duty on local authorities in England to deliver support for victims who are in accommodation-based services such as a refuge. But 70% of victims of domestic abuse, specifically children, suffer at home, not in a refuge. How can we avoid creating a two-tier system whereby 70% of the victims of domestic abuse, including those children, will not be able to access this support because, sadly, they suffer at home?

[Baroness Williams of Trafford (Con)]

The idea is that they will be able to access the support—it would be a terrible thing if, say, the mother of the child was getting the support and the children simply were not. Part and parcel of the support that people will receive includes of course the children of people who are being abused.

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

Lord Polak Excerpts

Consideration of Commons amendments & Ping Pong (Hansard) & Ping Pong (Hansard): House of Lords
Wednesday 21st October 2020 Lords Chamber

[The Deputy Speaker (Lord Duncan of Springbank) (Con)]

Five Members have indicated that they wish to speak at this point: the noble Lord, Lord Polak, the noble Baroness, Lady Ludford, the noble Lord, Lord Cormack, and the noble Baronesses, Lady Neville-Rolfe and Lady McIntosh of Pickering. I call the first of those speakers, the noble Lord, Lord Polak.

[Lord Polak (Con)]

My Lords, I have no intention of delaying the House as I have made my views on this pretty clear. The noble Lord, Lord Oates, has been very clear and precise. I believe that the Government are sticking their heels in for no good reason.

I should make it known that this morning there was a power outage at the police national computer centre in Hendon—run, of course, by the Home Office. As a result, police forces across the country were not able to access the police national computer. I do not need to explain to noble Lords that power outages of this sort have a serious effect on police operations. Following the technical issue that affected our voting on 30 September and this issue today, surely those EU citizens who request physical proof should be able to receive it like any other citizen.

The noble Lord, Lord Oates, tabled the amendment in lieu to deal with the cost element that the Minister brought up on Report. I agree with him, because non-EEA citizens now receive physical proof, so I really fail to understand what the up-front costs that the Minister referred to are. It is an existing scheme. EU citizens deserve to be treated equally and the amendment deserves to be accepted. This is a matter not of policy, but of process. Non-EU citizens can obtain physical proof of settled status, so EU citizens will be the only group without that physical proof. I fail to understand why the Government are unable to accept the compromise amendment that now deals with the financial question.

[Baroness Ludford (LD)]

My Lords, I am pleased to follow my noble friend Lord Oates’s excellent speech, and that of the noble Lord, Lord Polak, with whom I worked on the EU Justice Sub-Committee. The Minister referred to people being able to use their smartphones for this purpose. A friend of mine could not open the link in the email she received confirming her settled status. She had to go to an internet café to do so. I am not quite sure what went wrong there.

I will refer to a report published yesterday by the Committee on the Future Relationship with the European Union in the other place called Implementing the Withdrawal Agreement: Citizens’ Rights. I do not know whether the Minister has had a chance to look at it, but it backs the amendment so that EU citizens should have

“the option of … a physical document to evidence their residency status … in addition to their digital status.”

I am very pleased indeed that it has given that support. It refers to a number of reasons why this should be accepted. It talks about

“examples of people getting assistance from unregulated immigration advisers to make their application, then the third party retain the log-in details necessary to access the platform”

and make a

“charge to send on details to employers.”

I hope that is something the Home Office might look into.

The committee also talks about how, because the online product

“remains linked to the physical document, such as a passport, used by the individual in their application … If the passport is changed, then the applicant has to update the online system.”

That is an issue that will recur. The committee also says that

“accessing the online profile is not straightforward for people not fluent in IT”—

something we have discussed a lot on this subject—so they

“end up relying on the pdf document they receive informing them that a status has been granted”.

The Minister referred to that being put in the desk drawer. It is, of course,

“not a substitute for actual evidence of status”,

but unfortunately it might be used by some people who are confused by the online environment, which is a recipe for some difficulty.

Then, of course, the person asking the EU citizen to demonstrate their status has to understand it. The Minister referred to support for the holders of settled status. I am not sure whether she plans to give lots of tuition to prospective landlords, employers and so on. She talked about the NHS. It was not quite clear what that system will be. The Public Law Project has listed nine steps that a third party such as an employer would have to take to check the status of an EU citizen. It is worth quickly mentioning them:

“Request the code from the applicant … Wait for an email with a link to arrive … Open and read the email … Search, identify, and open the correct website”,


because apparently there is no link in the email,

“Start the checking process … Enter the share code from the email … Enter the applicant’s date of birth … Enter their company name”—


I am not sure what happens for an individual landlord—and, lastly,

“Check that the photo on their screen looks like the person applying for the job and keep a secure copy of the online check, either electronically or in hard copy.”


All this requires reliable access to the internet. If you do not have access to wi-fi, which you might not in an empty flat that you are showing it to a prospective tenant, a person would have to rely on mobile signal, which is honestly not great, even in London.

Also, the committee’s report says that apparently

“the lack of a physical document has contributed to the confusion over eligibility for benefits, because claimants have been unable to show a photo ID card showing their status … it was unclear how some decisions have been made by the DWP in terms of using settled status as a proof of eligibility.”

It is quite a serious point that even the DWP does not seem to have got this right.

The report says that

“the option of a physical card would give an additional layer of safety against criminal attempts to ‘hijack’ someone’s status.”

We are being warned all the time about cybersecurity, and the dangers of malware, hacking and so on. The report says that, in a recent survey of 3,000 EU citizens, apparently more than 10% had been asked

“to provide proof of settled status, and that the digital only status was deterring some from applying.”

It was actually putting them off. The report continues,

“physical proof came right at the top of concerns of EU citizens: 89% said that they would like an option, not compulsory, of physical proof.”

Having gone through all that evidence, it is hardly any wonder that the committee in the other place backed this sincere, reasoned request for EU citizens to have the option of a physical document. I know the noble Baroness cares about people and people’s lives, but it really seems the Government ought to find a way to accede to this request.

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

Lord Polak Excerpts

Report: 2nd sitting (Hansard - continued) & Report stage & Report: 2nd sitting (Hansard - continued): House of Lords
Monday 5th October 2020 Lords Chamber

[Lord Oates (LD)]

My Lords, I rise to speak to Amendment 18 in my name and that of the noble Lords, Lord Polak, Lord Kerslake and Lord McNicol of West Kilbride. In doing so, I give notice of my intention to test the opinion of the House unless the Government are willing to move on this issue. I also thank all noble Lords who are speaking in the debate and all those who have spoken in previous debates over the years; they have shown consistent support on this issue.

It seems that we have been over this ground on numerous occasions over the past few years. In that time, the Government have failed to put forward any convincing arguments to deny EEA nationals, alone among all of the people residing in the United Kingdom, physical proof of their right to do so. This amendment would right that wrong and in doing so it would alleviate anxiety for millions of people, in particular the elderly and the most vulnerable.

The amendment has no partisan or ideological flavour and it is backed by Peers from all sides of the House, from all parties and from none. It is simply a practical measure to make life easier for a large number of people and to deliver a consistent system of proof of residents’ rights which does not discriminate between nationalities. It is deliberately modest in its ambitions. It does not require that physical proof is issued to every EEA national who is granted settled status, only that EEA nationals must be provided with physical proof of their status if they request it.

The Government’s arguments against this very modest proposal seem to be as follows. The first is that offering both digital and physical proof of status would be confusing. That argument is hard to understand because this is exactly the system that operates for all other permanent residents in our country. Far from avoiding confusion, a digital-only system will sow it in abundance. Landlords, employers and others required to check immigration status will now be confronted by two systems, one for EEA nationals and one for non-EEA nationals. They may wonder at this discrimination between nationalities and, given that they face crippling fines and the possibility of imprisonment if they get things wrong, they may decide that in the absence of physical proof, it is safer to replicate the Government’s discrimination and not to employ, rent a property to or provide a service to an EEA national.

Secondly, the Government claim that a digital proof is better than a physical proof because a digital proof cannot be lost. The answer to this is simple. We are not suggesting the removal of digital proof or digital records; we are simply arguing that physical proof should complement digital status. None the less, it is worth questioning the Government’s repeated claims in Committee about the resilience and robustness of the digital system. These arguments come to us in a month in which the Tokyo stock exchange lost a full day of trading due to a technological failure not only of its main system but also of its back-up, the Conservative Party virtual conference was rendered inaccessible to many of its delegates, denying them what is doubtless, for Conservatives at least, the unrivalled pleasure of a speech by Michael Gove, and of course the failure of our own House of Lords voting system when we were discussing this very Bill on Wednesday last and the failure of our hybrid proceedings this afternoon.

Let us be clear: systems failures are not a matter for the history books but happen every day. Technical faults occurred on the EU settled status scheme website in August this year, a nationwide failure of the US Customs and Border Protection system happened in August last year, and we all know of the scandalous injustice visited on sub-postmasters and sub-postmistresses as a result of the supposedly infallible Horizon IT system. In each case, those responsible made extravagant and categorical claims about the robustness and resilience of their system.

Even temporary failures may give rise to permanent effects. If an employer or a landlord is unable to access the system at the point they have to decide between potential employees or tenants, the likelihood is they will give the job or rent the home to someone who can provide physical proof of their right to work or rent accommodation.

Thirdly, the Government argue that they intend to move to a wholly digital system in future and that it therefore makes sense for this new settled status scheme to adopt a digital-only model from the outset. It makes no sense at all. If a digital-only system is to be adopted, it should be extensively trialled in advance with widespread pilot schemes conducted with citizens who are confident in their status and who have the security of physical documentation as well. Australia, one of the few countries to have moved to a digital-only system, trialled it over a period of more than a decade.

As I said in Committee, we should not conduct an experiment with the lives of millions of people who are in receipt of an entirely new status, whose rights are not even underpinned in primary legislation and who are understandably nervous about their status, given the Government’s declared intention to violate the very treaty on which that status is based. We should especially not conduct an experiment with the lives of millions of people when the one trial the Government have undertaken, which involved non-EU citizens who had the back-up of a physical residence card, found the following:

“There is a clearly identified user need for the physical card at present, and without strong evidence that this need can be mitigated for vulnerable, low-digital skill users, it should be retained.”


I asked the Minister in Committee to explain to the House what has changed since the Government made that assessment in 2018. She either could not or would not answer that question. Neither could she tell us when the policy equality statement related to this policy, which the Government have confirmed exists, will be published. It is unacceptable that we are being asked to decide on legislation that will affect millions of lives when the Government are withholding from us such vital information, so I ask the Minister to address these issues in her response.

On every occasion we have discussed this matter, I have asked the Minister and other members of the Government, just as my noble friend Lady Hamwee did on an earlier amendment this afternoon, to try to walk in the shoes of others and to understand the huge anxiety which the Government’s refusal to listen and make this minor change is causing to EEA nationals, particularly to the elderly, vulnerable and those who lack IT literacy. At the end of the day, this argument is not about technology, documents or computer systems—it is about people’s lives, whether EEA nationals can feel secure in the status on which their whole lives are based, and whether the elderly and vulnerable can operate the system without dependency on others. It is about whether victims of domestic abuse will face further misery as an abusive partner exercises control over their lives through control of the email address on which their status is based, as the noble Baroness, Lady Bull, raised in Committee. It is about whether those seeking employment, accommodation or access to services will be discriminated against by employers, landlords or service providers who are confused that EEA nationals alone cannot produce physical documentation.

The case for this modest amendment is overwhelming. The practical arguments demand it, the principle of non-discrimination requires it, and the most basic level of consideration for the EEA nationals who have made their home with us compels it. I beg to move.

[Lord Polak (Con)]

I pay tribute to the noble Lord, Lord Oates, for his tenacity. We sat together on the Justice Committee some years ago, discussing these exact issues. As I stated at Second Reading, I am pleased to add my name to the amendment. I also thank my noble friends Lord Parkinson and the Minister for the time they gave me last week.

Like other noble Lords, I have received many messages from individuals supporting the amendment, from people whom I have never met to a number of colleagues from all sides of the Chamber—and I am grateful for that. As I have stated, the amendment is not political in nature but practical and sensible, and it should not prove onerous, as it mandates the Government to provide physical proof only if requested by an individual. Rather than giving my own opinion, I quote from a letter that I received from Maria:

“I am an EU national who has been based in the UK for over 26 years. As of 1 July 2021, I will be faced with proving my right to live and work here on a continual basis, hindered by the fact that I have no physical document with which to do so. Instead, for every different employer I work for, I will need to go through a lengthy, contorted, multi-step process involving my passport, my birth date, a unique one-off code sent to my phone, the employer’s email address, their business details and us both accessing the government website separately. I also must count on having all the necessary correct information to hand, the wi-fi connection being strong enough, the website not being down and there being no access errors with the database. In addition, I must hope that the other party is willing enough to go through the entire complex and time-consuming process with me. This is also the process I will need to go through to access the NHS, to rent a flat or, indeed, convince a sceptical airline employee abroad that I have the right to return to the UK without a visa in my passport or a physical document.”