Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2017
Baroness Williams of Trafford Excerpts(6 years, 3 months ago)
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Baroness Williams of Trafford
That the draft Regulations laid before the House on 7 December 2017 be approved.
Relevant document: 14th Report from the Secondary Legislation Scrutiny Committee
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, in bringing forward this secondary legislation the Government are seeking to extend the scope of the national transfer scheme for unaccompanied asylum-seeking children to Wales, Scotland and Northern Ireland. The scheme, which the Government launched on 1 July 2016, makes it easier for local authorities to transfer legal responsibility for unaccompanied asylum-seeking children to another participating local authority. The scheme is designed to encourage a fairer distribution of unaccompanied children in local authorities across the UK so that a small number of local authorities are no longer asked to look after a disproportionate number of unaccompanied children and safeguard the best interests of the children concerned.
The national transfer scheme is underpinned by provisions in Part 5 of the Immigration Act 2016. Section 69 of the Act creates a mechanism in England to transfer the responsibility for caring for unaccompanied children from one local authority to another. Section 70 enables the Secretary of State to direct local authorities to provide information about their support to children in their care. Section 71 enables the Secretary of State to direct a local authority that refuses to comply with a request to accept an unaccompanied asylum-seeking child, with written reasons explaining its refusal. Finally, Section 72 enables the Secretary of State to require local authorities to co-operate in the transfer of unaccompanied children from one local authority to another.
These provisions currently apply only to English local authorities. This has meant that local authorities in Wales and Scotland and health and social care trusts in Northern Ireland have not participated in the scheme so far. In extending the scope of the transfer provisions in the Act, this statutory instrument provides the legal framework for local authorities in Wales, Scotland and Northern Ireland to accept transfers under the scheme.
I want to make it clear that the national transfer scheme was designed as a voluntary scheme and we hope that local authorities in Scotland and Wales and health and social care trusts in Northern Ireland will feel able to participate. My officials have worked closely with their counterparts in the devolved Administrations and the local government associations in Scotland and Wales to take account of the unique circumstances in each nation.
As I have already mentioned, there are provisions in the Act for the Secretary of State to mandate the scheme. The Government want the scheme to remain a collaborative effort between central, local and devolved government, and it is in that vein that we have worked with partners across the UK to develop proposals to extend the scheme.
The national transfer scheme has made significant progress since it was launched in July 2016, and we are grateful for the support provided by local authorities that are looking after unaccompanied children. Up to the end of September 2017, 555 unaccompanied children had successfully been transferred. That is a significant achievement but obviously there is more to do. There are still more than 4,500 unaccompanied children in English local authorities, and a handful of local authorities continue to look after a disproportionate number. If we are to achieve a fairer distribution of caring responsibilities across the UK, we need local authorities from all parts of the UK to be able to participate in the scheme so that all children can be afforded the best possible care and support.
We know there is support for the national transfer scheme across the country. That is why it is so important for this legislation to come into force: so that we can build on the excellent work of local authorities in every part of the UK in caring for asylum-seeking and refugee children, and ensure that the national transfer scheme is truly national. I beg to move.
Baroness Walmsley (LD)
My Lords, we on these Benches support the national transfer scheme. We believe it is only fair that it should be extended, preferably on a voluntary basis, to the devolved Administrations, particularly since they have been widely consulted. We thank and congratulate those local authorities that have accepted children. Often it is a significant burden, particularly to certain local authorities because of their geographical location, so it is only right that the burden should be spread.
However, I have some questions. How many unaccompanied asylum-seeking children have already been received by the devolved Administrations under the voluntary scheme? What representations have been received from the devolved Administrations about the adequacy of the financial support available to them? How well are families who look after asylum-seeking children supported? There are considerable language and cultural issues with which they need support.
What about the social workers and, preferably, guardians who are needed to steer the children through the process of giving statements to solicitors and to the Home Office? They need advice on the meaning of, for example, “leave until 17 and a half”, which actually means the refusal of an asylum application although it does not sound like it. They need proper professional advice. Lastly, under the present circumstances, what will be the effect on these regulations, if any, of the lack of a power-sharing Administration in Northern Ireland?
Lord Kennedy of Southwark (Lab Co-op)
My Lords, I am happy to support the regulation before the House and declare an interest as a local councillor in the London Borough of Lewisham and a vice-president of the Local Government Association.
I first pay tribute to Kent County Council, members and staff, who have for many years worked very hard to deal with the issue of asylum seekers, particularly vulnerable unaccompanied children. Kent’s proximity to France and mainland Europe, and its ports of Dover, Folkestone, Ramsgate and other ports and harbours has meant that it has had to carry a heavy load. We are very grateful for that, as we are to all the other local authorities that have taken unaccompanied children in recent times.
All of local government should play a full role in looking after children fleeing conflict and there is no excuse for any local authority not to do so. So I welcome the Government taking these powers. It is right that they should be extended UK-wide, as this is a national response to a human tragedy. I hope it will not be necessary to use these powers as I hope every local authority in the UK will be willing to step up and play its part.
That is not to say that I do not have some criticism of the Government’s handling of the child refugee crisis. Despite votes being won in this House, pledges given and legislation amended, the Government’s response can sometimes be seen as mean-spirited in respect of children, and that is a matter of much regret. More should and could be done to protect vulnerable children who are fleeing persecution. We could take more children if we were minded to do so.
That means not only children in northern France but those in Italy and Greece who are also vulnerable. My noble friend Lord McConnell could not be here. He had another engagement and could not wait, as business has gone on a bit longer than we thought it would today. I know that he had some positive discussions with officials from the noble Baroness’s department. He was going to raise the issue of discussions between Ministers in the UK Government and Ministers in the Scottish Government, and whether there had been correspondence between them. If so, could that correspondence be published?
The noble Baroness, Lady Walmsley, and my noble friend Lord Dubs raised important points, and I look forward to the response to them. Having said that, I support the instrument and think it is a positive step forward.
Baroness Williams of Trafford
I thank all noble Lords who have spoken on this statutory instrument. The noble Baroness, Lady Walmsley, asked about the numbers in the devolved authorities. According to our management information, at the end of July 2017 there were 124 unaccompanied asylum-seeking children in the care of Scottish local authorities, the majority of whom are in the care of one Scottish local authority—Glasgow—while Edinburgh has 22. According again to our internal management information, at the end of July 2017, there were 55 unaccompanied asylum-seeking children in the care of Welsh local authorities.
The noble Baroness asked whether the number of children being transferred would be affected by the power-sharing agreement. I do not think so. Power sharing is a huge matter, but in Northern Ireland it is power sharing that has been argued over, not this issue. On the same note, the noble Lord, Lord Dubs, asked why some children went to Scotland even though the secondary legislation is not in place. There was never any reason why they could not go to devolved authorities. Some went directly from countries abroad and never came into England; they went directly to Scotland, and to Wales, I think. The noble Lord asked why we have not brought this instrument forward sooner, but it is for that very reason. It could always have happened, but the devolved Administrations were unsure of their position. In many ways, this clarifies the position and puts it beyond doubt.
The noble Baroness, Lady Walmsley, talked about funding for local authorities, which is a very important point. It has been a key concern raised by local authorities and local government partners. To coincide with the launch of the NTS in July 2016, the Government significantly increased the funding they provide to local authorities for unaccompanied children below the age of 16. We increased it by 20% so that local authorities now receive over £41,000 a year. For those aged 16 and 17, who account for more than 60% of newly arrived unaccompanied children, we increased the funding by 28% so that local authorities receive £33,215 per annum. In addition, we increased the funding we provide to local authorities for former unaccompanied children who go on to attract leaving-care support by 33%. Local authorities now receive £200 per week.
The noble Baroness, Lady Walmsley, asked about social workers and guardians. The Home Office and the Department for Education have been working closely with local government’s Association of Directors of Children’s Services to ensure that guidance is available to local authorities on immigration outcomes. All unaccompanied asylum-seeking children are referred to the Refugee Council’s children’s panel and are entitled to legal advice.
Further to the point made by the noble Lord, Lord Dubs, about bringing forward secondary legislation, we are looking for parliamentary time to allow it. He also asked whether we would consult the Scottish and Welsh Governments and the Northern Ireland Executive. As the noble Lord knows, we consulted the devolved Administrations in developing these regulations and will continue to do so. In operating the scheme, we will work very closely with regional strategic migration partnerships in the devolved Administrations with a view to identifying suitable placements. I hope that I have answered the noble Lord’s questions.
Women: Political and Public Office
Baroness Williams of Trafford Excerpts(6 years, 4 months ago)
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Baroness Gale
To ask Her Majesty’s Government what measures they are taking to encourage women to stand for political and public office.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, this year marks a century since women have been able to stand as parliamentary candidates and the Government will mark 2018 with grants to initiatives that encourage women to participate in democratic life via the centenary fund. We are also commissioning evidence to understand how to remove the barriers to participation.
Baroness Gale (Lab)
I thank the Minister for her reply. As she said, it is the centenary of some women getting the vote. During the past 100 years, 489 women have been elected to the House of Commons as opposed to 4,801 men. The United Kingdom ranks at just 39th globally for women’s representation in Parliament. Does the Minister agree that our elected institutions should look like the people they represent? To achieve this, will she take the advice of the Women and Equalities Committee that the Government should set a domestic target of 45% representation of women in Parliament and in local government by 2030 in response to indicator 5.5 of the United Nations sustainable development goals, because the present situation really needs to be improved?
Baroness Williams of Trafford
I wholeheartedly agree with the noble Baroness that Parliament should look like the people it represents and is legislating for, and as she says, a 50:50 Parliament is long overdue. That is why we will be consulting parties and producing evidence on a range of approaches that can help us to increase the number of women who stand as candidates. Initiatives such as #AskHerToStand and Vote 100 are ongoing to improve representation.
Baroness McIntosh of Pickering (Con)
My Lords, I congratulate my noble friend on the work that the Government are doing. Will she ensure that the spirit of the suffragettes lives on by ensuring that the names of Emmeline Pankhurst and Emily Wilding Davison, who spent a night in the cupboard to ensure that she would appear on the census, will be remembered forcefully this year?
Baroness Williams of Trafford
My noble friend has asked a pertinent question because certainly in my home city of Manchester there will be a statue of Emmeline Pankhurst, and here in Parliament a statue to celebrate Millicent Fawcett. In addition there are all sorts of initiatives and projects going on.
Baroness Hussein-Ece (LD)
My Lords, 100 years on, 32% of MPs and 33% of councillors are women. If we compare ourselves with comparable OECD countries, such as Sweden, Denmark, Iceland and others, we see that they do far better, but it is no coincidence that they also have cheaper, more affordable and more accessible childcare. The noble Baroness mentioned barriers that will be looked at. Will she say what is being done to address those barriers, to make sure that women will not be prohibited from engaging in public life because they simply cannot afford childcare?
Baroness Williams of Trafford
A few years ago, parliamentary hours were made more sociable—not that we can always say that they are terribly sociable—but I agree with the noble Baroness about childcare. We have a nursery here in Parliament, but childcare generally will be looked at to encourage women to come forward and participate in public life.
Baroness Afshar (CB)
My Lords, what are the Government doing to accommodate Muslim women, who have particular, very different needs from women in general, to participate?
Baroness Williams of Trafford
My Lords, we want to make this Parliament one that is open and accessible to women no matter what their race, religion or background. Muslim women should be no different in that context. I hope that women, no matter what their background, will feel that Parliament is open for them. Of course, in our demographic we represent what people, particularly women, might aspire to.
Baroness Lister of Burtersett (Lab)
My Lords, about a century ago the suffragette Hannah Mitchell said that we women fight with one hand tied behind us. We still do, because she was referring not just to childcare but to the care of older people, the responsibility for domestic housework and so forth, responsibilities that do not affect men’s ability to take part in political and public life. What are the Government doing to help make the sharing of care between men and women more equal?
Baroness Williams of Trafford
I think that the sharing of care has become more equal, but perhaps not as equal as many would wish it to be. As I said at the beginning, the GEO is commissioning a wide-ranging evidence review that will encompass the range of approaches that will be taken, both internationally—the noble Baroness, Lady Hussein-Ece, mentioned Sweden—and here at home to provide political parties with a variety of solutions that they can draw on. The noble Baroness, Lady Lister, is absolutely right to raise that flag of women being less likely to participate in public life, particularly in Parliament. It is more difficult to get women to stand as candidates in elections and we need to change that.
Baroness Jenkin of Kennington (Con)
My Lords, the Committee on Standards in Public Life’s recent report highlighted the fact that women candidates, and disproportionately Conservative women candidates, received intimidation and abuse, which is obviously a deterrent to their coming forward. The Conservative Party has now put together a code of conduct based on responsible behaviour and showing respect. Is my noble friend aware of whether any of the other political parties are planning to make the same pledge?
Baroness Williams of Trafford
I certainly know that there is a cross-party working group, chaired by the Leader of the House of Commons, which is developing an independent complaints and grievance procedure. I cannot answer for other political parties but I am pleased to say that I have seen and signed the code of conduct. I think it is absolutely right. I cannot believe that standards of conduct on this Estate were not in the Ministerial Code before now but they now are—writ large.
Baroness Corston (Lab)
My Lords, will the Government consider extending the Sex Discrimination (Election Candidates) Act beyond the present term for which it is enforced to allow political parties to have women-only shortlists?
Baroness Williams of Trafford
My Lords, positive discrimination in that sense is something that the Conservative Party has not subscribed to. I hope, though, that political parties will see that if they do not have diverse representation they are far less likely to appeal to the public at large—who elect them.
Domestic Abuse: Clare’s Law
Baroness Williams of Trafford Excerpts(6 years, 4 months ago)
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Baroness Gale
To ask Her Majesty’s Government what action they are taking to ensure that all police forces in England and Wales implement fully and consistently “Clare’s Law” on the right of a member of the public to request background checks on their partners in relation to domestic abuse.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, HMICFRS’s latest report, published last year, highlighted improvements in the police response to domestic abuse and identified continuing challenges, including variable use of the domestic violence disclosure scheme, also known as Clare’s law. The Home Secretary is driving improvements in the police response by ensuring that police leaders take action on HMICFRS’s findings by chairing a national oversight group. The Government will also publish a draft domestic abuse Bill to drive a transformation in how all agencies, including the police, respond to domestic abuse to afford better protection to victims and bring perpetrators to justice.
Baroness Gale (Lab)
My Lords, I thank the Minister for her reply, but is she aware that when Clare’s law was introduced in 2014 it was regarded as a potential life saver but it is not working as intended? It depends on what part of the country one lives, as disclosure rates vary enormously. It is patchy, to say the least, and this is just not good enough. Many police forces are just not promoting and advertising Clare’s law. If they did, it could not only save lives but offer protection against domestic abuse. Will the Minister agree to look at this matter to find out why the law is not working as intended and report her findings back to your Lordships’ House? I really hope that she will not find that it is as a result of cuts in the police service. Some people working in the police service are saying that they do not have the resources to do this work.
Baroness Williams of Trafford
The noble Baroness highlights an important point. She is absolutely right to raise it and that is why, in my initial Answer, I said that the Home Secretary sees this as so important that she chairs the oversight group to review the progress being made in this area. The noble Baroness is right that we need consistency across police forces in tackling this issue. The new licence to practise will ensure that police officers have the skills they need to tackle this type of abuse—something they have perhaps not been sufficiently trained in previously.
Baroness Burt of Solihull (LD)
My Lords, the implementation of Clare’s law in this country is a postcode lottery, as the noble Baroness pointed out. This is totally unacceptable when two women a week are killed by their partners or ex-partners. What is being done to ensure that the public always receive an answer to their requests, and to make them aware of Clare’s law and their right to make such a request?
Baroness Williams of Trafford
I think my Answer to the noble Baroness, Lady Gale, answered that question, but the noble Baroness is absolutely right to point out that unless victims of domestic violence know of the existence of both the right to know, from the victim’s point of view, and the right to ask, the system will not work properly. The guidance to police has recently been updated to clarify what the police’s powers of disclosure actually are.
Lord Laming (CB)
My Lords, does the Minister recall that Her Majesty’s Inspectorate recently published a report on the failure of the Metropolitan Police to respond appropriately to a very large number of cases in which children were seriously at risk? I assume that some of these children were the kind of children we are talking about this morning. Can she say what action is being taken?
Baroness Williams of Trafford
The noble Lord is absolutely right to raise this point because, of course, the effect on children of even one incident of domestic violence can be lifelong and change their whole psyche. That is why the new domestic abuse Bill will look not only at victims of domestic violence, but at the effect domestic violence has on children.
Baroness Kennedy of The Shaws (Lab)
My Lords, the Minister will know that in the last month we have seen the sentencing of a man who killed his third partner. He threw his first partner off a veranda on the ninth floor of a multi-storey building. He pleaded guilty on the grounds of provocation, was sentenced and released after nine years. He killed a second partner and invoked diminished responsibility manslaughter, and was placed in a secure hospital from which he was released after two years. He was thirdly convicted of attacking a partner with a claw hammer and then strangling her with the cord of a dressing gown. How can it be that someone is released after two years in a secure hospital and there been no oversight of his position in society?
At the moment there are requirements—often made by judges—that such people notify the police if they enter into new relationships. That involves self-referral. It is rather a silly idea that someone is going to notify the police when they embark on another relationship. Such oversight is essential, particularly in the circumstances of homicide and particularly given, as the noble Baroness mentioned, that two women a week are killed by their partners. The majority of deaths of women are at the hands of partners. Are we going to have an integrated system to make sure that there is oversight, particularly in homicide cases?
Baroness Williams of Trafford
There are several questions there but I shall attempt to answer them all. The noble Baroness is absolutely right to highlight the issue of multiple instances of domestic violence, where the perpetrator may go on to commit still more violence against women. The domestic abuse Bill will certainly look at sentencing. There is also the whole issue of the right not only to know but to ask. It is incumbent on the police to deliver the right to know. That is why the Government have placed such emphasis on domestic violence and how it affects all sections of society. It affects health, particularly mental health, and we are absolutely determined to tackle it. The noble Baroness is not wrong in saying that we need to tackle it from both a legislative and a non-legislative point of view, and that is precisely what we are doing.