Queen’s Speech Debate

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Department: Ministry of Justice

Queen’s Speech

Baroness Scott of Bybrook Excerpts
Tuesday 18th May 2021

(2 years, 11 months ago)

Lords Chamber
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Baroness Scott of Bybrook Portrait Baroness Scott of Bybrook (Con)
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I remind my noble friend of the four-minute advisory speaking time.

Lord Black of Brentwood Portrait Lord Black of Brentwood (Con) [V]
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My Lords, the UK’s media is in jeopardy. Time is not on our side. Let us make sure that the legislation we pass this Session helps and does not hinder.

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Baroness Lister of Burtersett Portrait Baroness Lister of Burtersett (Lab) [V]
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My Lords, the new plan for immigration will, we are told, increase the asylum system’s “fairness and efficacy”. We certainly need more fairness and efficacy, but the Law Society and refugee and human rights groups warn that this plan spells the opposite, with

“dire consequences for children and young people”,

according to the Children’s Society.

I can do no better than to cite the UNHCR’s devastating critique. This

“discriminatory two-tiered approach … will undermine the 1951 Convention and international protection system, not just in the UK, but globally.”

A commitment to resettlement and improved safe and legal pathways, which are urgently needed but for which there is no detail, cannot,

“substitute for or absolve a State of its obligations towards persons seeking asylum at its borders”.

The inferior temporary protection status offered to irregular entrants who stay in the UK is incompatible with international refugee law. We are told that the

“human consequences …will be very serious’.

The UNHCR has offered to work with the Government

“to adopt a more sensible, humane and legally sound”

approach. Could the Minister tell us the Government’s response to this offer, how their plan will work, given the reported refusal of all EU countries to co-operate, and what are the plans to open up safe routes?

More positive is the commitment to correct what is described as

“historical anomalies in British Nationality law which have long prevented individuals from gaining British citizenship or registering for citizenship, through no fault of their own.”

This is a real injustice suffered by the children of British Overseas Territory citizens of a certain age, denied citizenship simply because their parents were not married. It should have been rectified years ago.

With regard to registering for citizenship, there has been a long-standing concern across the House about the barriers faced by children who were born or have grown up in the UK who have to register their entitlement to citizenship because of their parents’ immigration status. In February, the Court of Appeal ruled that the exorbitant fee is unlawful because it was set without consideration of the best interests of the child. Can the Minister assure us that the consequent Section 55 best interests assessment will be published, and say when?

This shameful policy reflects the failure to put children’s best interests at the heart of policy-making. Twice during the Queen’s Speech debate, ministerial responses have ignored calls for a Cabinet-level Minister for children. I trust this will not happen today. Among other things, such a Minister would help to ensure that children are treated as a priority for the levelling-up agenda.

Given the prominence of that agenda, it is incomprehensible, as the Joseph Rowntree Foundation has commented, that there is no sign of the employment Bill, which we were promised would protect and enhance workers’ rights. The Government have responded that the Bill will be introduced when the time is right. But surely, if we are to “build back better” from the pandemic, this parliamentary Session is exactly the right time: the right time to address endemic insecurity, especially among the lower paid; the right time to introduce promised leave, which needs to be paid, for around 5 million informal carers who juggle paid work and care and who have borne such a heavy burden during the pandemic; and the right time to reform shared parental leave, so as to ensure greater paternal involvement, as mothers have paid the price during the pandemic due to increased childcare responsibilities. When will the responses to the long-standing consultations on both carers’ and parental leave finally be published?

The briefing note on the speech includes a welcome acknowledgement that levelling up involves living standards. This means that it must address poverty and in particular child poverty, which is worsening in terms of both numbers and depth. We need investment in what the Biden Administration term the “human infrastructure” of financial support. At a minimum, the Government should now commit to maintaining the £20 UC uplift and its extension to legacy and related benefits, and to improving support for children, given the mounting evidence of how families with children have suffered disproportionately over the past year. The forthcoming levelling up White Paper must address these issues—

Baroness Scott of Bybrook Portrait Baroness Scott of Bybrook (Con)
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My Lords, I remind noble Lords that the advisory time limit for this debate is four minutes.

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Baroness Kennedy of Shaws Portrait Baroness Kennedy of The Shaws (Lab)
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My Lords, I welcome the noble Baroness, Lady Fullbrook. As a woman of Glasgow heritage, that alone should undoubtedly make her a great asset to this House.

It is hard to select which pieces of the Government’s legislative programme are the most dispiriting, but let me start with the Lord Chancellor’s plan to ratchet up sentences of imprisonment. This is mere populist posturing. It has already been mentioned—I mention it again because it is about wider Europe—that we have the highest prison population in Europe, surpassed only by Russia and Turkey. We are not talking just about western Europe but about the wider Europe of members of the Council of Europe. We are up there at the top of the league table, and it should be no source of pride to us.

I was rather saddened by the Minister’s woeful slogan, “Tough on crime, tough on the perpetrators of crime”. I know that he seemed proud of it. However, while it may be a little jibe at the Labour aphorism, “Tough on crime and tough on the causes of crime”, the difference between a slogan and an aphorism, which is why I choose the word “aphorism”, is that there is a nugget of truth in an aphorism. The truth in that aphorism about having to deal with and look to the causes of crime is because there one has a real sophisticated project on trying to drive down crime.

At the moment, our prisons are crammed full, with there being virtually no skills training, rehabilitation or education. Yet the level of illiteracy is high among our prison population. It means, therefore, that their ability to survive in society is harder. There are no anger management courses. It is truly abysmal that there is such an absence of courses to address drug addiction, alcohol addiction and misogyny, which is the backdrop to so much crime against women. We also have a depleted probation service, as was described by the noble Lord, Lord Ramsbotham. Probation officers are so hard-pressed that they have no capacity to carry out the risk assessments that are key to the prevention of reoffending.

My great friend, the right reverend Prelate the Bishop of Gloucester, spoke of women in the criminal justice system, about which I, too, am concerned. In 2018, 62% of women in prison were serving sentences of less than six months. Since then, it is believed that that figure has increased. We have the extraordinary business of women being in prison, the vast majority of whom are serving sentences of under six months. Think about the consequences of that. A woman’s children are taken away from her and put into care; she loses her accommodation because the contract is terminated and she is evicted; and of course in prison, as I have mentioned, she is not able to avail herself of much in the way of support. Women in prison have usually been the victims of domestic violence, child abuse and all those things that we know often lead to people committing offences at the behest of controlling men.

It saddened me that, when the Attorney-General was asked on “Woman’s Hour” why we were creating 500 new places for women when the majority of women do not commit violent or serious offences, the response was that 50,000 new police officers were being created so that there would be many more arrests and therefore there was a need for many more prison places. That does not seem like a very imaginative way of dealing with criminal justice or preventing crime.

I turn to the other Bill that is an absolute travesty, the asylum reforms, which my noble friend Lord Blunkett made the arguments about very clearly. It is a shameful rejection of our obligations in international law. It should be remembered by everyone in this House—we are the last generation that really remembers this stuff; I remember my father, having coming back from the Second World War, telling us stories of the horrors—that the reason why the 1951 refugee convention was created was the problems that many had in getting out of Nazi Germany and away from persecution. The drafters of the convention made it very clear—

Baroness Scott of Bybrook Portrait Baroness Scott of Bybrook (Con)
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I remind the noble Baroness of the time.

Baroness Kennedy of Shaws Portrait Baroness Kennedy of The Shaws (Lab)
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Sorry. They made it clear that we have to treat a person as a refugee, not simply according to the way in which they made their way to another country.

I agree with my noble friend Lord Smith: we cannot delay the business of dealing with the persecution and misery faced by homosexual people in conversion therapy. That is a promise that was made, and I hope the Government stick to it. This is not about a failure to protect religion; it is about preventing people from being treated horribly—exorcised and so on—in ways that are inhumane and do not recognise their essential sexuality and humanity. Please proceed with that Bill.