International Women’s Day

Baroness Barker Excerpts

Thursday 9th March 2017 Lords Chamber

[Baroness Barker (LD)]

My Lords, there is a country where one group of women are allowed to be recognised legally only if they can prove their identity to the satisfaction of a psychiatrist for at least two years. It sounds like Russia. There is a country where women can have their legal identity denied indefinitely by a spouse. It sounds like a theocracy, such as Saudi Arabia. There is a country where some women, in order to obtain legal recognition, have to make an application to a panel which meets in secret, whose composition is never revealed, and when a decision is made there is no right of appeal. That sounds like China—but no, in all three cases I am talking about the United Kingdom. That is how we treat trans women, and men, in our country today.

While England, Wales and Scotland have made significant progress on LGB rights, our trans citizens face discrimination in public services, a damaging lack of understanding in the media by people who should know better, and physical violence. Transphobic hate crime reports rose from 215 in 2011 to 582 in 2015, but prosecutions remained steady at 20 per annum.

In January 2016 in the other place, the Women and Equalities Committee produced a report which made 35 recommendations. On 7 July the Government replied; it was responded to on behalf of a Government in which Theresa May was Home Secretary. Today, I want to ask the Minister about some key points in the report and the response.

The Minister for Women and Equalities has a cross-government departmental role, because trans people face discrimination in a number of different aspects of government. In July, the Government said that they would agree an action plan—an update of the 2011 trans equality action plan, brought into government by my noble friend Lady Featherstone—and that they would monitor progress. We are still waiting, and I ask the Minister when that will happen.

The Women and Equalities Committee had evidence from all sorts of people, including legal and medical professionals, which stated that the inclusion of gender reassignment as a protected characteristic in the Equality Act was a huge step forward at the time, but it is now dated, and what we really need is an updating of that Act to make gender identity a protected characteristic. That could make a fundamental difference to the lives of these women. For example, it would enable political representation—we have no trans people in Parliament whatever. Some of us, in my political party, want to make sure that we give preference to some candidates from minority groups, which includes people from the trans community. In fact, we have adopted a candidate in a seat that we hope to win, but it would have been much easier to do if we had had that change in the law.

In the inquiry of the Women and Equalities Committee, people testified to the fact that the Gender Recognition Act was in its day pioneering legislation, but it too is dated. It has a medicalised approach and requires people to have a mental health diagnosis to confirm their identity. It runs contrary to the dignity and personal autonomy of applicants. The committee asked the Government within this Parliament to come up with proposals to change the Act in line with human rights legislation. The Minister for Equality said in 2016 that they would do that and make changes to demedicalise the gender recognition process. We are still waiting. When will it happen?

The gender recognition panel meets in secret. Is it monitored? How do the Government know that it is exercising its authority correctly? How do they know whether it is doing so efficiently or whether people’s rights are being abused?

Finally, the noble Baroness, Lady Stowell, will not be surprised to hear me raise the matter of the spousal veto, as it was a matter that we talked about during the passage of the Marriage (Same Sex Couples) Act. It is still the case that a spouse can withhold their agreement to a gender recognition certificate being issued to their partner who has transitioned. I cannot think of any other circumstance in which we would allow a spouse indefinitely to punish somebody to whom they had been close to prevent them obtaining the legal identity to which they should be entitled. When we have asked about this before, we have had numbers given to us of how many spousal recognitions have gone through, but we have never had the numbers of people who have been refused. We really do need to stop those women being indefinitely trapped in that situation.

We have done a tremendous amount in this country to lead the world in equalities legislation, but in this one respect we are lagging far behind. It is really important that we begin to pick this issue up very soon. Next year, we will have the Commonwealth Heads of Government Meeting in this country. We left to the Commonwealth a terrible colonial legacy on LGBT rights, but we tell it that it should get better.

Trans women are bold and I think brave in doing everyday things, but they have waited far too long for change. The Government may have hoped that the report sank without trace and that some of us have not noticed, but we have, and we will continue to ask the question until these women get the equality and equal treatment that they deserve.

Male Abusive Behaviour

Baroness Barker Excerpts

Wednesday 8th March 2017 Lords Chamber

[Baroness Williams of Trafford]

My noble friend is absolutely right. Intergenerational domestic violence is not only meted out on generations of women but those behaviours are passed on to the children. It is breaking those cycles through education and working with perpetrators in those programmes that we hope will break the mould.

[Baroness Barker (LD)]

My Lords, since it costs about £50,000 per annum to keep a child in care, and roughly the same amount to keep a person in jail, can the Minister tell the House what efforts are made to ensure that police, local authorities and schools work together to identify perpetrators and get them into prevention programmes?

[Baroness Williams of Trafford]

The noble Baroness raises a very important issue about those agencies that she talks about working together. When I was at DCLG the troubled families programme unearthed an awful lot of instances of domestic violence. Health professionals have a role to play in identifying, for example, a bruise as a result of violence. There are so many things that our professionals can do in identifying and reporting those issues. The police are now better trained not only to take domestic violence seriously but to issue domestic violence protection orders to give the woman—usually—in the relationship some time away from the perpetrator of violence.

Asylum: Sexual Orientation

Baroness Barker Excerpts

Wednesday 14th December 2016 Lords Chamber

[Baroness Williams of Trafford]

The point I was making in my previous answer, which perhaps was not sufficiently articulated, was that we do not feel that the management data are as yet sufficiently robust, but I can keep the House updated on when such information might be available.

[Baroness Barker (LD)]

My Lords, the department has been sitting on this information for two years. In that time, how many LGBT people have claimed asylum on the basis of their sexual orientation and how many of them have been denied?

[Baroness Williams of Trafford]

My Lords, as I said, those data are not published, so I cannot give the noble Baroness an answer at this time.

Asylum Detention Centres: Safety

Baroness Barker Excerpts

Tuesday 29th November 2016 Lords Chamber

Asked by

[Baroness Barker]

To ask Her Majesty’s Government, in the light of the report by the UK Lesbian and Gay Immigration Group and Stonewall published on 27 October No Safe Refuge, what plans they have to make detention centres safer for LGBT asylum seekers.

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

My Lords, the Government remain committed to continually improving the asylum process for all persons claiming asylum, including those who claim on the basis of their sexual orientation and gender and those in detention while their claim is considered.

[Baroness Barker (LD)]

I thank the noble Baroness for that Answer. Incarcerating lesbian and gay asylum seekers with people who threaten them with exactly the same violence and intimidation from which they are fleeing is a uniquely severe punishment. These people pose a very low flight risk. Why are we spending upwards of £36,000 a year keeping them locked up?

[Baroness Williams of Trafford]

My Lords, I can reassure the noble Baroness that there is actually a presumption against detention. On that note, the Government commissioned Stephen Shaw to do a review into the detention of vulnerable individuals. The noble Baroness and I had a very brief chat before we came into the Chamber. A new category, “adult at risk”, has been introduced, with the clear presumption that people at risk should not be detained, and this includes transsexual and intersex people. Stephen Shaw will carry out a short review next year to see how the actions he suggested have been implemented.

Orlando Terrorist Attack

Baroness Barker Excerpts

Monday 13th June 2016 Lords Chamber

[Lord Ahmad of Wimbledon]

My Lords, I thank the noble Lord. I am sure his sentiments and his unequivocal condemnation of this heinous crime resonate across the House. On the issue of community cohesion, we celebrate Britain for its diversity and the strength of its people of all backgrounds, races and faiths and of different sexual orientations, who come together and who celebrate and define what Britain is today. The Government are totally committed to ensuring that we continue to protect that so we can continue to celebrate what Britain stands for in the modern world today.

On the question of firearms, as noble Lords will be aware, the UK has some of the toughest gun laws in the world and we are determined to keep it that way. The Policing and Crime Bill will introduce changes to firearms legislation, including a new offence of unlawfully converting imitation firearms into firearms, and tightening definitions on, for example, antique firearms. The UK is also co-operating with Europe to prevent the movement of people and weapons linked to terrorism.

On the noble Lord’s final point about the LGBT community and issues relating to Gay Pride, as I said in the Statement, UK police forces will be further reviewing plans for large-scale and other public events over the coming days and weeks. While that remains an operational matter for the police, they are not advising any organisers to cancel or even postpone any LGBT-related events.

[Baroness Barker (LD)]

My Lords, earlier today on Twitter, David Morgan said this:

“If you’re not gay you might not know how rare it can be to feel welcome and safe in a space. To be gunned down in one of them is horrific”.

That is why today members of my community are shocked and we mourn, just as we did 17 years ago when the Admiral Duncan pub was bombed. What have the security services and the Government learned in the intervening period about how to prevent hate crimes being perpetrated on minority communities?

Will the Government consider convening a meeting with leaders of faith groups and the LGBT community so that we might begin a dialogue about how the many millions of moderate members of religious groups can be assisted to detect and prevent the radicalisation and hatred to which some members of their communities are sometimes vulnerable, so that as a result of that work we might have communities that are diverse, inclusive and safe for all?

[Lord Ahmad of Wimbledon]

The noble Baroness makes a very valid point. On the issue of recognising current threats, I fully respect and appreciate that many people within the LGBT community are feeling vulnerable. I know that in the UK we have seen certain attacks against people of particular sexual orientations or from communities defined by particular faiths, with a rise in anti-Semitism and Islamophobia. It is perhaps only those communities that truly recognise what they live under. That said, I recognise also that Britain remains a place where people feel safe and secure. It is the Government’s responsibility to ensure the security of every citizen, and we will continue to do so. Let me be clear: irrespective of who you are and your cultural background, faith background, sexual orientation or gender, Britain celebrates its diversity. That is a strength of our nation and we will protect it.

Cyclists: Road Traffic Laws

Baroness Barker Excerpts

Monday 18th April 2016 Lords Chamber

[Lord Keen of Elie]

The Government are investing considerable sums, in excess of £100 million, to improve the road network for the use of cyclists and walkers. That is part of our commitment. On the increase in the number of incidents and the number of casualties, that is always to be regretted. However, I think that the noble Baroness should bear in mind that there has been a marked increase in the number of cyclists on the roads in the past years as well, which is not inconsistent with the increase in the number of incidents.

[Baroness Barker (LD)]

My Lords, following the publication of the cycling and walking strategy, will the Minister say whether the Government support a number of cycling and pedestrian organisations which have called for joint training for cyclists and vehicle drivers about each other’s experience of using shared space in an organised attempt to promote a greater understanding of how shared spaces on roads can be used safely for the benefit of all?

[Lord Keen of Elie]

At present the Government’s commitment is to the Bikeability programme, which is training young people in the use of cycles and making them aware of the position of motorists as well.

Cycling

Baroness Barker Excerpts

Wednesday 10th February 2016 Lords Chamber

[Baroness Barker (LD)]

My Lords, I take my inspiration this evening from my former colleague Julian Huppert, who was largely responsible for the Get Britain Cycling report.

The noble Lord, Lord Young of Cookham, referred to Holland. Last year I went to northern Italy. There is some true inspiration to be found there. I was at Lake Garda and the image of a man cycling up an Alp—a gradient of eye-watering proportions—while talking to his mate on his mobile phone will stay with me for a long time. But what was more impressive was the city of Parma. It has a medieval heart but it is a heavy industrial city with lots of big lorries, and it is a city in which cycling, motoring and walking are fully integrated. People of all ages coexist at junctions—on Italian roads. I commend it. I do not know why the people of Parma have cracked this and we cannot, but they have.

I will talk briefly about funding. There is a real problem at the moment with the Local Sustainable Transport Fund coming to an end and the access fund coming into being from 2016. The Minister and I had an exchange about the amount of money yesterday but the key problem is that the staff employed by local authorities to teach cycle safety to children, but also at weekends to adults, are likely to be lost because of the uncertainty of funding from March this year. As a woman who after 30 years of inactivity got back on a bike, it was going along to my local authority training scheme that gave me the confidence to get back on a bike and to cycle in London.

It is not that there are not sources of funding. There are lots of different pots of money. There is the Highways England cycling fund, Bikeability, the cycle city ambition grants, the access fund and the Local Growth Fund. What there is not is any clarity about how they all fit together and how local authorities can best access them. I wonder whether the Minister can give some clarity on that.

Secondly, will the Minister accept that for those local authorities, particularly outside London, that really do want to make progress on this, getting access to top design and to information about what works is very important, particularly these days when local authority budgets are stretched? Although there are good examples—TfL and the Welsh Assembly have come up with really good designs—getting national guidelines that would bring down the cost of implementing good design and good practice around the country is quite difficult for local authorities. I wonder whether across the many government departments that have responsibility for this there might be some joined-up thinking.

I agree with the many noble Lords who have said that it is only when people feel safe that they will cycle. In some cases that means bringing in dedicated cycle lanes. In some cases that is not possible and it is about ensuring that cyclists, HGV drivers and car drivers all understand how best to preserve the safety of everybody on the roads.

Following the Olympics, we really do have a legacy for cycling in this country. We have the ability to make a small investment that will reap great rewards, not least for the National Health Service in terms of the health gain that will come from it. All we need from this Government is a bit of joined-up funding and leadership to enable those local authorities that want to work on this to do so, and to take inspiration so that we can continue to beat the Italians at the Olympics.

Walking and Cycling

Baroness Barker Excerpts

Tuesday 9th February 2016 Lords Chamber

Asked by

[Baroness Barker]

To ask Her Majesty’s Government what plans they have to invest in promotion of walking and cycling.

[The Parliamentary Under-Secretary of State, Department for Transport and Home Office (Lord Ahmad of Wimbledon) (Con)]

My Lords, the Government have made clear their intention to make this country a cycling nation and are committed to producing a cycling and walking investment strategy setting out our objectives, activities and funding available for cycling and walking in England in the long term. The strategy will be published in the summer and will include details of how the £300 million committed in the recent spending review will be invested to support both cycling and walking.

[Baroness Barker (LD)]

My Lords, from April 2016 the Government have reduced the revenue funding for local authority cycling and walking safety training from £78 million a year to £20 million a year. That will inevitably lead to a reduction in the number of trainers available for schoolchildren and adults. Given that the Department of Health is having to put together a strategy to combat the epidemic of obesity in adolescents, does the Minister not believe that this is a false economy?

[Lord Ahmad of Wimbledon]

Over the past five years the spending on cycling per person in England has actually gone from £2 per person to £6 per person. If we look at the priority cities, £10 is being spent on each individual. The noble Baroness talked about safety. The Government are investing a further £50 million in the excellent Bikeability scheme, which ensures that our next generation of cyclists are avid cyclists but also learn the importance of safety in cycling.

Overseas Domestic Workers Visa

Baroness Barker Excerpts

Monday 25th January 2016 Lords Chamber

[Lord Bates]

That is one route. We are on the same track as the broad thrust of what James Ewins has put forward. He identifies some gaps in the data, and we recognise that that needs to be worked on. We need to consult, across Government, about the right approaches. However, there are some areas where we have a problem that we would like to focus on further. Our view is that the national referral mechanism is the correct vehicle for dealing with someone who is found to have been abused under the overseas domestic workers visa scheme. That ensures that the individual gets the help they need and that the National Crime Agency finds out who the perpetrator is, so that appropriate action is taken. However, we are on the same page on the broad thrust.

[Baroness Barker (LD)]

In light of this review, will the Minister tell us if, when an application is made, embassy or consular staff have the power to interview the person on whose behalf the application is made, outwith the presence of their employer, in the country of origin, before they reach the United Kingdom?

[Lord Bates]

We are trying a pilot on this in west African countries, which is not necessarily proving conclusive either way. Very importantly, we have instituted that a model contract should be in place governing the terms and conditions of employment, working hours, what holidays these workers would get and what rights they have when they are in the United Kingdom. That model contract must be in place before the visa is granted. It is also very important that people reporting abuse report it to the authorities here in the UK, so that if a person who has been guilty of abuse then applies for a further overseas domestic workers visa, that information will be known to the authorities.