FTSE Companies: Gender Balance
Baroness Williams of Trafford Excerpts(8 years, 11 months ago)
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Baroness Finn
To ask Her Majesty’s Government what progress has been made by the Hampton-Alexander review on increasing the gender balance in FTSE companies.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, since 2010, the number of women on FTSE 350 boards has more than doubled, and there are now only 11 all-male boards. Last November, the government-commissioned, business-led Hampton-Alexander review published its first report, focused on senior executive positions in FTSE companies. The Government support the challenging targets for 33% of senior leadership positions in the FTSE 100 and 33% of FTSE 350 board directors to be women by 2020.
Baroness Finn (Con)
Does my noble friend agree that the private sector has much to learn from the pioneering work we led in the Cabinet Office in the coalition Government, when the proportion of women newly appointed to the boards of public bodies rose from 36% to over 48% by 2015? The key barrier that we broke down was an excessive insistence on previous track record and experience in similar roles, which meant the same people being constantly recycled from one public body to another. I am told the same constraints often operate in the private sector. Will my noble friend explore whether replacing the requirement to show a lengthy track record with an insistence on talent and capability could achieve the same breakthrough in the private sector?
Baroness Williams of Trafford
My noble friend makes a very valid point, and I congratulate her on her extensive work on modernising and increasing diversity in the public appointments system. During the Davies review, the Government launched a code of conduct for executive search firms, which required signatories to ensure that significant weight is given to relevant skills, competencies and personal capabilities, rather than just a narrow focus on career experience. The Hampton-Alexander review continues a focus on recruitment: the fifth recommendation in its first report is for search firms to redouble their efforts and consider extending the code of conduct to include recruitment to senior executive roles.
Baroness Burt of Solihull (LD)
My Lords, on this International Women’s Day, I am wearing this purple scarf in support of the thousands of women demonstrating outside this place for pensions justice. I raise the issue of women on sporting boards, whose numbers are actually declining. The Women in Sport survey found that almost half of Britain’s sporting bodies are failing to meet the 30% target set for them. Will the Minister use this opportunity to reinforce to them the serious threat that they are under of losing their funding unless this injustice is rectified?
Baroness Williams of Trafford
I certainly concur with the noble Baroness that women’s representation on sporting boards is woeful. In fact, I had a very interesting conversation with the noble Baroness, Lady Grey-Thompson, about the generally male attitude in sport. What I said to my noble friend absolutely applies to sport: women on boards enhance the professions and sports that they represent, rather than the other way round.
Lord Foulkes of Cumnock (Lab)
My Lords, without taking attention in any way from the lack of representation of women on boards, will the Minister agree to take up the lack of representation of black and ethnic minority people on boards? It really is a scandal.
Baroness Williams of Trafford
The noble Lord raises a very good point. In fact, my noble friend—I cannot remember her name; I can see her—Lady McGregor-Smith has done extensive work on this. On the back of that, the Government are setting up a Business Diversity and Inclusion Group chaired by the Business Minister, Margot James. It will bring together business leaders and organisations to co-ordinate action to remove barriers in the workplace and monitor employers’ progress. The noble Lord is absolutely right.
Baroness Fookes (Con)
My Lords, if we are looking to gender balance, I suggest that we look closer to home. The three excellent clerks before us are all men.
Baroness Williams of Trafford
My Lords, they are very good men. Of course, we have a female Leader, a female Leader of the Opposition and I am sure that there is a female clerk who comes in here sometimes, so I hope we are balanced out in that sense.
Lord Selkirk of Douglas (Con)
My Lords, does the Minister agree that this is a particularly appropriate time to have these Questions, because Marie Curie has just been honoured as a shining example of courage in driving back the frontiers of the unknown in supporting radiotherapy, although it cost her her life?
Baroness Williams of Trafford
I totally agree with my noble friend. As you discover when you read the story and hear about her life, she indeed sacrificed her life in the name of science, and what dividends it has paid society ever since.
Lord Clark of Windermere (Lab)
My Lords, although I look forward to the day when there are women on every FTSE board, there are those of us who believe that other boards, executive boards, often have much more power than company boards, where the number of women is at present even lower. I hope the Minister will agree that it is so important that we encourage women to break through the glass ceiling and get on to those executive boards in industry.
Baroness Williams of Trafford
The noble Lord is absolutely right. If we look around this House, there are many examples of such women on executive boards. It is not just the non-exec boards, and it is not just who is on the board now; it is about looking at the pipeline of who is coming through, because it is from the pipeline that you will get your executive and non-executive members of the future.
Male Abusive Behaviour
Baroness Williams of Trafford Excerpts(8 years, 11 months ago)
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Baroness Jenkin of Kennington (Con)
My Lords, on behalf of my noble friend Lady Verma and at her request, I beg leave to ask the Question standing in her name on the Order Paper.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, the Government’s Ending Violence Against Women and Girls strategy sets out our ambition both to support victims and to improve early intervention measures to prevent reoffending and to stop these crimes happening in the first place. The Government are funding a number of new approaches to manage perpetrators of domestic abuse, including the Drive project, which helps perpetrators change their behaviour. We also fund the national Respect helpline, which offers perpetrators advice and support.
Baroness Jenkin of Kennington
My Lords, I know all noble Lords will welcome the additional funding for the prevention of domestic violence announced in today’s Budget. Does my noble friend the Minister agree that to address what are often intergenerational cycles of violence by men towards their wives and partners, it is important to work with those perpetrators, as she mentioned, by offering training programmes such as the Domestic Violence Intervention Project?
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.
Baroness Corston (Lab)
My Lords, the Minister will be aware that much of the work that is being done now in relation to domestic abuse is being done by my former honourable friend Dame Vera Baird, who is the lead for police and crime commissioners. No doubt she will accept that 92% of victims of domestic violence are women and many seek help in women’s refuges. Is she aware that Women’s Aid has said that the current funding model proposed by the Government will lead to the destruction of the women’s refuge programme? What are the Government going to do about it?
Baroness Williams of Trafford
I pay tribute to Vera Baird because I know she does an awful lot of work in this area. The first thing I looked at when I was at DCLG was the whole area of domestic violence—the refuges and the prevention models. The noble Baroness is absolutely right: it is important to keep these refuges open so that no woman is turned away. In fact, there was a significant announcement in the Budget today about underpinning our VAWG strategy, but those interventions to stop domestic violence happening in the first place are also very important.
Baroness Butler-Sloss (CB)
My Lords, is it not important that violence against women that is shown on the net should be dealt with?
Baroness Williams of Trafford
The noble and learned Baroness makes a very good point. It is what children see—their experiences of what is normal—that will shape the behaviour of young boys and young girls. Young girls may lose the value in themselves and young boys may not value girls as they grow up. The noble and learned Baroness is absolutely right, and work has been done in this sphere over the course of this Government and the previous Government.
The Lord Bishop of Leeds
My Lords, does the Minister agree that there are certain problems in the wording of this Question? Most men who engage in abusive behaviour do not recognise it as abusive and do not seek support, so there has to be a very important balance between preventive and restorative measures.
Baroness Williams of Trafford
The right reverend Prelate hits on a sad point: not only do some men not recognise what they are doing as violence or coercive control but, unfortunately, some women do not realise that they are the victims of violence and coercive control. That is a very sad thing in today’s society, so I thank him for raising it.
Earl Cathcart
My Lords, I was very surprised to learn that as many as one in three victims of domestic violence are male. I have no doubt that male victims feel ashamed and embarrassed, and that they just will not be believed. Do male victims of abuse receive the same help, support and refuge facilities as women and if not, why not?
Baroness Williams of Trafford
My noble friend is right to point out that there are male victims of domestic violence but I do not think the number is as high as one in three. I think something like 7% or 8% of victims are men. He raises a very important point, however: for men, shame is a terrible thing, which often prevents their coming forward and seeking help. Advice lines for men are available—for example, the Men’s Advice Line. I am not undermining the suffering that men go through.
Baroness Armstrong of Hill Top (Lab)
My Lords, I declare my interests in Changing Lives and the Lloyds Bank Foundation. We are doing a lot of work with perpetrators, but also in making sure that commissioners know and understand what is needed in this area. May I remind the Minister that it is becoming increasingly clear that virtually 100% of those women who end up on the wrong side of the criminal justice system or homeless have suffered abuse as children and then again as adults? This is a real crisis in our society and we have to take hold of it. When I first got involved in one of the first refuges in the country 40-odd years ago, we simply had no idea of the extent of the problem. Women are not here to be abused. We must have equality; that is the basic thing that needs to be taken through schools and every other way.
Baroness Williams of Trafford
If I have time to answer the noble Baroness, I completely concur with her point: not only are these women victims of homelessness, sometimes, but of drug abuse or depression, which may have arisen from it or be a result of it. The problems arising from domestic violence are massive and the cost to society is too.
Operation Conifer
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Lord Armstrong of Ilminster
To ask Her Majesty’s Government, in the light of the recent statement by the Chief Constable of Wiltshire Police, whether they will institute a judicial inquiry into that force’s Operation Conifer, with unrestricted access to all relevant information.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, the police are operationally independent of government. The investigation of allegations of sexual abuse and how the police conduct those investigations, including whether to commission any form of internal inquiry, are operational matters for the relevant chief officer. It is for the police and crime commissioner to hold their force to account.
Lord Armstrong of Ilminster (CB)
My Lords, having served in the Home Office for four years, I understand about the operational independence of the police, but this matter has gone beyond operational affairs; it has become a matter of confidence in the police and the police service. The chief constable of Wiltshire has gone beyond the police duties of investigating allegations and following up evidence and has pronounced a verdict of guilty on the late Sir Edward Heath in respect of allegations of child abuse even before his inquiry is complete. The officer in charge of the inquiry, having made a stupid mistake at the beginning, has now been obliged to be withdrawn because of ill health—I think he is having a nervous breakdown. The inquiry is being pursued in a way which looks to many people more like a fishing expedition than a serious pursuit of allegations and evidence. Is it not high time that this operation was reviewed independently either by a retired judge, as in the case of Operation Midland, or by a retired chief constable of recognised efficiency and integrity?
Baroness Williams of Trafford
My Lords, first, without talking about any individual investigation, I express my profound sympathy with the families and friends of people who have been wrongfully named in the press or who, after they have died, have had defamatory statements made about them. In any investigation, it is a matter for the police. On investigations of complaints against a chief officer, I know, because I took through the Bill that became the Policing and Crime Act, that we have strengthened the independence of the police complaints system and the accountability of chief officers. Any allegations of misconduct against a chief officer should be investigated by the IPCC.
Lord Hunt of Wirral (Con)
I declare my interest as chair of the Sir Edward Heath Charitable Foundation. I join my predecessor in that position in asking the Minister to whom is this chief constable accountable? If it is not the police and crime commissioner for Wiltshire and Swindon, surely it is not the secret and unnamed group of people whom he has decided to appoint. There are increasing concerns about the conduct of this inquiry, and we need to know to whom this chief constable is accountable.
Baroness Williams of Trafford
I thank my noble friend for that question. He will know that it is not appropriate for me to comment on individual operational matters, which are a matter for the relevant chief officer. As I have said, chief officers are held to account in respect of operational matters by their police and crime commissioner. In line with recognised best practice, Wiltshire Police also recently commissioned Operation Hydrant to undertake an independent review of the investigation to ensure its ongoing proportionality and justification. My noble friend talked about the secret and unnamed group. It is recognised as best practice and that is what Wiltshire Police has done. It has engaged a panel of independent experts outside policing who are providing ongoing scrutiny of the investigation to ensure its proportionality and justification. The membership includes individuals from the legal profession and academics.
Lord Rosser (Lab)
The newspaper quotations last month came from an anonymous source claiming to know the views of the chief constable for Wiltshire. This raises the issue of the relationship between the police and the national press and makes the case for Leveson part 2 even stronger. Coming to the role of the police and crime commissioner to which the Minster has referred, the second issue relates to the call for a government-instituted judicial inquiry into Operation Conifer, the investigation by Wiltshire police. Will the Government confirm that the Wiltshire police and crime commissioner has the power to commission such a judicial inquiry into an operation by his own force? Thirdly, will the Government confirm that if any hard evidence actually emerged that the chief constable had made the comments claimed by the anonymous newspaper source, the Wiltshire police and crime commissioner could, under his powers, suspend or dismiss the chief constable? In other words, is the ball not very much in the elected Wiltshire police and crime commissioner’s court?
Baroness Williams of Trafford
The noble Lord raises a very good point about the role of the police and crime commissioner in this situation. Without talking about the specific case about which the noble Lord, Lord Armstrong, has asked, it is for the police and crime commissioner to make the decision to appoint, to suspend or to remove a chief constable. In making the decision to compel a chief constable to resign or to retire, a PCC is bound by certain requirements including acting reasonably, acting fairly and consulting the chief constable and the local police and crime panel. A PCC may compel a chief constable to resign or to retire under Section 38(3) of the Police Reform and Social Responsibility Act 2011.
European Union: Migration
Baroness Williams of Trafford Excerpts(8 years, 11 months ago)
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The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, the Government’s White Paper on exiting the EU was published on 2 February. It sets out the Government’s priorities and the broad strategy for exiting the EU and made it clear that we will take back control of our own laws. There are a number of options as to how EU immigration might work once we have exited the EU; we are considering those options and will consult businesses and communities. Parliament will also have a critical role to play.
Lord Dykes (Non-Afl)
Of course, the so-called main pressure is really from non-EU migrants. Why did not the Government, many years ago, use Article 45 of the TFEU, particularly paragraphs 3(a), (c) and (d), to impose necessary civilised restraints on migrants coming in with authorisation to do so, so that the horrendous hostility to immigrants from all over would not have been so evident in the referendum on 23 June?
Baroness Williams of Trafford
My Lords, I cannot be accountable for what happened in the past. We have been a very, very generous country in terms of letting people come here for the purposes of work. There was a very clear message sent last year about controlling the numbers of people who come into this country from both EU and non-EU countries. That is what we intend to do and we will keep Parliament fully involved in the process.
Lord Rosser (Lab)
On 12 January the Government stated in response to an Oral Question:
“The directive sets out that in order for an EU citizen to reside in another member state beyond three months, they must be exercising a treaty right; that is, working, self-employed, self-sufficient or a student”.
After being asked three times why they did not implement this three-month rule for EU citizens still here without a job, but who were not students, the Government said,
“it is not a failure to implement … This country is more than generous in its implementation of that directive”.—[Official Report, 12/1/17; col. 2059-61.]
First, why do the Government maintain that it is only by leaving the EU that we can reduce EU migration, when they accept that they have not applied the EU directive’s three-month rule as firmly as they could have done, instead considering that they have been “more than generous” in their implementation of that directive? Secondly, how much lower would the net migration figure for EU nationals have been in each of the last five years, had they applied the directive as firmly as they believe they were entitled to do?
Baroness Williams of Trafford
My Lords, as the noble Lord said we have been a very generous country, and certainly when Labour was in power it decided not to exercise the opt-out the noble Lord asked about. In terms of what the figures would have been had we adopted a different process, we are where we are. The country has given a very, very clear message in the referendum and we intend to follow that through by making sure that net migration to this country is in the tens of thousands.
Baroness Smith of Newnham (LD)
My Lords, I shall endeavour to be helpful to the Minister: the previous questions have been about the past; I want to ask about the future. Article 45 of the Treaty on the Functioning of the European Union relates to the free movement of workers, not people generally. What thoughts have Her Majesty’s Government given to the excellent report by the House of Commons Brexit committee? It talks about the rights of UK and EU nationals in relation to the non-work related aspects of immigration policy, including students and family reunion, and EU spouses compared with non-EU spouses. I declare my interests as listed in the register.
Baroness Williams of Trafford
My Lords, I am glad the noble Baroness is talking about the future and not the past, which probably neither of us, and certainly I, do not remember. The directive is about the movement of workers and their families. The Prime Minister has been absolutely clear about protecting the rights of EU nationals living in this country. We talked a lot in Committee about the fairness of the process and, therefore, protecting the rights of UK nationals in return. The Government do not want to do this on a unilateral basis. We need to think about all the people involved, both UK nationals living in the EU and EU nationals living here.
Lord Clark of Windermere (Lab)
My Lords, the Minister has actually been very patient with the House during recent Questions in explaining to us the right of residence after five years of work for European citizens, and the right of citizenship after six years. If a European citizen becomes a citizen of the UK, does that mean he or she has the right to remain in this country?
Baroness Williams of Trafford
I am very grateful to the noble Lord; we talked about this at length the other day. When we talk about the right of residence and comprehensive sickness insurance, that is an EU law, not a UK law, which we implement after five years, abiding by treaty obligations. The noble Lord is absolutely right: an EU national living in this country has permanent residence, and they do not have to prove that permanent residence. He made another valid point, which is distinguishing that from applying for British citizenship. In that application process, which is based on UK law, that person has to prove residence and not be breaking any immigration rules. After six years, they will then be granted UK citizenship, and the noble Lord is absolutely right: they have the right to remain here.
Police National Database: Facial Images
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The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, legislation gives police the power to take and store facial images from arrested persons. There has been no successful legal challenge to the retention of images on the PND on data protection grounds, but the Government acknowledge that there are privacy issues. The custody images review has now been published and makes recommendations for improvements to the retention regime.
Lord Scriven (LD)
I thank the Minister for that Answer. She will know that the review published last week into the 19 million images held on the police national database was in response to a High Court case of 2012 that found that treating the images of convicted and non-convicted individuals the same was unlawful. How do the new rules in the review make it lawful when it states that the images both of convicted and non-convicted individuals can be stored and used on the police national database for 10 years?
Baroness Williams of Trafford
My Lords, there is a presumption of deletion in certain categories—certainly for the under-18s, for those not convicted, as the noble Lord said, and for people who have been convicted of a non-recordable offence. These can all request that their images be deleted, but there are exceptions which I think are reasonable—if there is a substantive reason to believe that someone is linked to terrorism, if they are dangerous or if they are linked to organised crime. Otherwise, there is now an arrangement whereby people can request deletion.
Lord Marlesford (Con)
My Lords, I am surprised that there are so few photographic records available to the police. I should have thought that there was a good case for all passport photographs to be available to the police. Does my noble friend agree that given a conflict between fighting serious crime, particularly terrorism, and privacy, the British people would almost certainly regard the former as having priority?
Baroness Williams of Trafford
My noble friend talks about privacy. If everybody was required to put their passport photographs towards a national database there might be a real issue with privacy. What the Government are trying to do, and my noble friend alluded to it, is to have images on record of people previously convicted of a crime. The custody image review is attempting to get rid of the facial images of those who are not convicted—and I include myself in that. If you have a passport but have not been convicted, I am not sure what benefit your photograph could be to the police national database.
Lord Mackenzie of Framwellgate (Non-Afl)
Is this not a matter of balance? Does the Minister agree that the keeping of an innocent person’s image on a database is of far less consequence than being the innocent victim of a violent crime?
Baroness Williams of Trafford
The noble Lord is absolutely right: it is a question of balance. It is a balance between enabling the police to do their job and to have a good database of criminals and those who have been convicted but also, as he says, if you are an innocent person, of not having your face on the database.
Lord Paddick (LD)
My Lords, can the Minister explain why the police are apparently not going to identify and remove the photographs of innocent people that are currently on the database? If there is a name and a date of birth connected with each photograph, why cannot that be run against the police national computer? If the Government are saying that the police can develop a national identification database, why do they not say so? At least the Labour Party is being honest that that is what it wants. Why cannot the Government?
Baroness Williams of Trafford
I am not sure I entirely get the tenor of the noble Lord’s question. If you are not convicted of an offence and your image is on the database you can request that it be—
Baroness Williams of Trafford
From now on; the noble Lord is absolutely right. However, if your face is currently on the database, you can say, “It has been on there for 10 years and please will you remove it?”.
Lord Rosser (Lab)
As has been said, the review has just been announced by the Government in a Written Statement of 24 February. Interestingly enough, the Statement managed to make no reference to the fact that the review arose from a judgment against the Government in 2012—which begs the question of why that was not included in the Statement—and we will have to wait to see whether the arrangements now proposed will lead to another legal challenge. Since the recommendation for a review, which is being adopted, is that “unconvicted persons” can,
“apply for deletion of their custody image”—
that is, they have to take the initiative to apply, which is the point that the noble Lord, Lord Paddick, is making, but I do not wish to repeat the question that he asked—what steps will the Government take to ensure that widespread publicity is given to the fact that millions of unconvicted peopled can now apply for deletion of their custody image? What form will the Government’s advertising and publicity campaign take, since the 2012 judgment was in a case against the Secretary of State? How much money do the Government intend to spend on their advertising and publicity campaign to advise millions of people of their right in respect of deletion of their record?
Baroness Williams of Trafford
The noble Lord is absolutely right that the Government recognised that the 2012 judgment said it was contrary to Article 8 of the European Convention on Human Rights, and that has now been addressed through the custody images review. I assume that there will be something on GOV.UK about publicity regarding innocent people whose faces are still on the database, but I will get back to the noble Lord on the precise steps that we will take.
Viscount Waverley (CB)
Can the Minister say whether, beyond the UK data protection and legislative issues, the Americans, through their Patriot Act, have any form of access to the police national database?
Baroness Williams of Trafford
Generally, the presumption is that anyone concerned with crime, and fighting crime, will have access to the PND. As to which countries will have that access, clearly there are international arrangements for the sharing of data, and I am sure that that includes America.
Baroness Jones of Moulsecoomb (GP)
My Lords, I still do not understand how an innocent member of the public will know that their image is on the database. Surely it would be easier for the police just to delete those innocent people without putting them to the trouble of applying. It would be more work for the police that way.
Baroness Williams of Trafford
The noble Baroness has a point, but in fact it is a manual process and would be incredibly resource-intensive. There will be people who do not mind their image being there. If my image were on the PND, although I do not think that it is—[Interruption.] If the noble Baroness’s is, I would expect her to request deletion immediately.
Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017
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Baroness Williams of Trafford
That the draft Regulations laid before the House on 18 January be approved. Considered in Grand Committee on 28 February.
Motion agreed.
Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017
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Baroness Williams of Trafford
That the Grand Committee do consider the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, these regulations which are being introduced under powers in Section 153 of the Equality Act 2010 replace and amend the Equality Act 2010 (Specific Duties) Regulations 2011. Under this power, Ministers can impose specific duties on public authorities to secure the better performance of the public sector equality duty. These regulations replicate the measures from the previous specific duties regulations, namely that public bodies must publish information every year to demonstrate their compliance with the equality duty and set equality objectives every four years.
Tackling the gender pay gap is an absolute priority for this Government. That is why we have used these powers to include new duties for the relevant public authorities, if they have 250 or more employees, to report on their gender pay differences. We have already delivered on our manifesto commitment to introduce mandatory gender pay gap reporting for large employers in the private and voluntary sectors. The Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 were approved by both Houses last month and signed by the Secretary of State on 6 February.
Of course, it is only right that public bodies, including government departments, are subject to the same reporting requirements. That is why we announced in October 2015 that we would be extending the manifesto commitment to the public sector. We want government to be a trail-blazer and lead by example. These regulations apply to specified public authorities in England, non-devolved organisations and certain cross-border authorities. Scottish and Welsh public bodies are subject to separate specific duties regulations. The devolved Administrations in Scotland and Wales have been consulted on the proposed changes. Both sets of regulations will require the same gender pay gap calculations and use the same methodology for calculating the data.
Public authorities that are subject to these regulations will need to publish the mean and median differences between the average hourly rate of pay for male and female employees. They will need to publish the mean and median differences between the average bonuses paid to male and female employees. They will also need to report on the proportions of men and women who receive bonuses, and the proportions in each quartile of their pay distribution.
All specified public bodies will need to publish their gender pay gap data on a website that is accessible to members of the public. Organisations will also need to upload data to a government-sponsored website, which will allow us to establish a database of compliant employers and closely monitor compliance. We have aligned the reporting timetables and obligations as closely as possible for employers in different sectors to achieve consistency and comparable sets of data. The two sets of regulations will provide unprecedented transparency on gender pay differences in all sectors and create the environment needed to drive change. I beg to move.
Baroness Gale (Lab)
My Lords, first, I thank the Minister for bringing these regulations before us tonight. We waited seven years for the Government to come forward, but I am very pleased that they have finally introduced mandatory pay audits for large companies in the private and voluntary sectors. It is a shame that it has taken this Government so long to bring into force the measures created by the last Labour Government, but at least now we are taking some steps forward, which is very good. I commend the Government for extending the mandatory pay gap reporting duties to public sector employers, as they promised to do in October 2015. This again is another step forward towards progress.
The regulations discussed today, under Section 153 of the Equality Act, mirror almost exactly the regulations under Section 78, although I have concerns that some of the new duties could have gone further. As with the duties on private and voluntary sector organisations, they apply only to public authorities with 250 employees or more. The maintenance of such a high employee threshold for application of these duties in the public sector was raised as a concern by a significant number of organisations and individuals responding to the Government’s consultation, but the Government have chosen not to set a lower threshold for public bodies.
It is understandable that the Government would want to create comparable data between the public sector and private and voluntary sectors but, clearly, limiting the application to public sector bodies with more than 250 employees will severely limit the number of public authorities caught under this regulation. The Government claim that of course a public authority of any size could choose to adopt mandatory reporting, but to what extent will a voluntary expectation create practice in reality? What communication does the Minister intend to have with all public bodies, regardless of their number of employees, to encourage them to publish their gender pay gap information? Have any indicated to her that they will take this voluntary action? In the consultation response, the Government promised to keep under review setting a lower employee threshold, but failed to give an assurance on a timescale. When will this be reviewed? What evidence will she require to persuade her that the figure of 250 employees is too high a threshold?
Baroness Williams of Trafford
I thank both noble Lords for their thoughtful contributions. I think there is broad support for what we are bringing forward but I shall answer some of the specific questions the noble Lords asked.
The first question from the noble Baroness, Lady Gale, was about why the number of employees was not lower than 250. We estimate that the obligations for authorities with 250 or more employees will affect more than 3.8 million employees in the public sector, and that means they will be covered by the new gender pay gap reporting requirements. Indeed, the combined coverage of these regulations and the Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 will be over 15 million employees in 9,000 organisations, representing nearly half the total workforce. In addition, public bodies with more than 150 employees are already required to report on the diversity of their workforce and are encouraged to publish gender pay gap information.
We are keen in the first instance to place the same requirements of gender pay reporting across all employers to ensure consistency and comparability, so we have started in the public sector with that 250 threshold, which matches the threshold in Section 78 of the Equality Act. However, we will keep the threshold under review, and I think that review period will be reviewed by the Minister for Women and Equalities five years after commencement. Although this is the formal point for reviewing the new obligations, we will be closely monitoring compliance on a more regular basis to ensure that the measures are effective and working properly. With regard to what the response was to the public consultation about the proposed scope, the majority agreed that gender pay gap obligations should apply to authorities with 250 or more employees.
The noble Baroness asked whether the reporting requirements were too narrow. The regulations do not require mandatory equality objectives connected to gender pay gap data or, indeed, action plans. However, all employers will be strongly encouraged to publish information on how they intend to tackle the gender pay gap in their organisations. Many public bodies have actually indicated that they are keen to publish that narrative alongside their gender pay gap calculations, so that they can provide more context for any gender pay differences and highlight work to reduce any gaps.
Transparency may not be a silver bullet, as the noble Lord said, but it will incentivise employers to analyse the drivers behind their gender pay gap and explore the extent to which their own policies and practices may be contributing to it. The regulations that will apply to the public sector will not include an explicit requirement for a senior official to sign a statement or authenticate an organisation’s gender pay gap, but this is in line with the existing obligations under the specific duties regulations.
The noble Baroness asked what assessment has been made of the effect of tribunal fees for people with protected characteristics. The review of the employment tribunal fees, published on 31 January this year, confirms that the objectives have been broadly met and that the current scheme is generally working effectively and operating lawfully. However, that does not mean there is no room for improvement. In particular, the fall in claims and the evidence that some people have found fees off-putting have persuaded us that some action is necessary, so we launched a consultation on 31 January regarding the proposal to widen the support available to people under the help with fees scheme. This would help people with low incomes and is expected to particularly benefit women, disabled people and people from black and minority ethnic backgrounds, who figure disproportionately among those in low-income groups.
The noble Baroness also asked: will the Government be publishing league tables to name and shame employers? The public will be able to search the government website to check whether employers in scope have complied with the regulations and compare them with other employers in the same sector. We will consider the most effective way to present the published information in discussion with a wide range of stakeholders but, as I am sure the noble Baroness and the noble Lord know, the press soon get hold of such figures, so we can probably rely on them to highlight the success and failure stories.
Lord Lester of Herne Hill
I hope that we can also rely on the Equality and Human Rights Commission, which is funded for this purpose. I forgot to mention the issue of access to tribunals. It is my view as a lawyer that it is unlawful and an obstruction of justice to do what has been done to the employment tribunal fees, because they deter people with discrimination cases. I bet that if it goes to the European Court of Human Rights it will declare it to be incompatible, so I am glad that the Government are moving on that.
Baroness Williams of Trafford
I thank the noble Lord for that and will come to the EHRC shortly to give a bit more detail.
The noble Baroness also asked why the Government have rejected the recommendation from the Women and Equalities Select Committee to reduce the gender pay gap. We appreciate and recognise the important work that the committee does on this issue, and we carefully considered its recommendations. The report makes a number of recommendations for the Government, several of which have already been actioned. For example, the right to request flexible working already allows those working fewer than full-time hours to request the opportunity to work more. Many of the recommendations made by the Select Committee would involve significant cost to businesses and we are keen not to place too heavy a burden on employers at this time.
We crossed into the equal pay realm. I thought I might make the point at this juncture that pay discrimination and the size of an employer’s gender pay gap are two quite different things, but I am sure that the noble Lord knows that, given his background.
The noble Baroness talked about pregnancy and maternity discrimination. That is unlawful as well as unacceptable and has no place in today’s society. The Government are working with a range of partners, including the EHRC and ACAS to promote opportunities for women, including pregnant women and new mothers. That will ensure that female talent is recognised and rewarded, and make more employers aware of their legal obligations.
I turn to the EHRC’s failure to ensure compliance. The EHRC takes a proportionate approach to enforcement, resolving many matters via pre-enforcement work and using its formal enforcement powers when absolutely necessary. It also takes a strategic approach to enforcement, focusing on those issues where it can have an impact on systemic, persistent and/or pervasive inequalities. Many less strategic cases are resolved through pre-enforcement work, involving discussions with organisations to encourage them to meet their obligations.
The noble Lord, Lord Lester, may draw some comfort from the fact that when the Women and Equalities Select Committee examined the EHRC’s chair and CEO in January, it asked searching questions about why its enforcement and compliance work, potentially involving legal interventions, seemed so limited. The EHRC’s chair, David Isaac, who the noble Lord mentioned, agreed that putting more resource into enforcement and compliance is a priority for him. Let us see what progress it makes in the coming year.
Finally, the noble Lord mentioned the Ruby McGregor-Smith review. It is an industry-led review, so we are going into a slightly different realm, but I shall not split hairs about that. The Government believe that non-legislative solutions are the right approach for now, but we will monitor progress and stand ready to act if sufficient progress is not delivered.
I am sure that noble Lords will remember this time last year, when the number of women on boards was a push for the Government and we tried to do it in a non-legislative way. That yielded very good results, so we always try the non-legislative way first before taking action, but we will always take action if we need to.
I hope that noble Lords are satisfied with those responses and thank them for taking part in this debate.
Terrorist Attack: Response
Baroness Williams of Trafford Excerpts(8 years, 11 months ago)
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Lord Jordan
To ask Her Majesty’s Government what steps they are taking to promote the work of charities such as citizenAID which seek to educate schools, universities, businesses and the general public on how to help the seriously injured in the event of a terrorist attack.
The Minister of State, Home Office (Baroness Williams of Trafford)
My Lords, initiatives such as citizenAID are welcomed. Its work has been promoted by the police, who lead on communicating counterterrorism advice to the public. The Government continue strongly to support the established police guidance, which is “Run, Hide, Tell” during a terrorist incident.
Lord Jordan (Lab)
I thank the Minister for her reply, but more must be done. The country’s Security Service tells us that the question about the next terrorist attack is when, not if. Experience tells us that when it happens, the chaos and the programmed caution of the emergency services result in delayed treatment of people whose lives could be saved. Will the Government work with organisations such as citizenAID, which has brought together military and medical expertise and experience and drawn up guidance on what to do in a terror attack? If it were taught in schools’ citizenship programmes and promoted widely through other means, it would enable people caught up in the tragedy of terror to make a crucial life-saving difference.
Baroness Williams of Trafford
As I said in my initial Answer, the Government welcome the work that citizenAID does. As the noble Lord said, it is made up of military and civilian doctors and gives very good advice on what the public can do, once they are safe, to help other people. I understand it has an app, which is readily available. In terms of PSHE, schools can decide in their areas what is important and a priority. For example, schools in rural Sussex may make decisions which are different from those made by schools in central London about what is important for their children in the lives they lead. We leave it up to schools. The Government certainly welcome the work that citizenAID is doing.
Lord Cormack (Con)
My Lords, in expressing the hope that the police will become even more involved, would it be appropriate for us to send congratulations and good wishes to Cressida Dick on her appointment?
Baroness Williams of Trafford
My Lords, I am certainly very happy to send congratulations to Cressida Dick. I do not think I am the first Minister to do so, but perhaps I am the first Minister in your Lordships’ House to do so. It is a very good appointment, and, of course, she is the first female Metropolitan Police Commissioner.
Baroness Walmsley (LD)
Does the Minister agree that confidence that they know what they are doing enables people to step forward in these situations, rather like the rugby player who recently stepped forward to give first aid to a member of the opposing team? Does she therefore agree that it is in response not just to terrorism but to the ordinary traumas of everyday life that we should all have a look at the citizensAID training?
Baroness Williams of Trafford
The noble Baroness makes an important point. It is about the simple things, and the benefit of the citizenAID app is that there are very simple things that people can do, once they are in a safe place themselves, to help people and potentially save lives.
Baroness Jowell (Lab)
My Lords, will the Minister accept that these responsibilities should be carried not by NGOs alone but also by government? I speak as the Minister who led the humanitarian assistance after 9/11 and after 7/7, during which an enormous amount was learned about how to provide the right level of support for bereaved families and survivors. It is vital that that capacity and capability exists within government, working with NGOs, if those bereaved and those who survived are to have a chance of recovering their lives.
Baroness Williams of Trafford
The noble Baroness makes a vital point. In any disaster that I can think of, whether flooding, a terrorist attack or anything else, it is through everyone working together, and that mutual assistance from agencies working together, that we get the best outcomes for our citizens in such awful situations. The noble Baroness is absolutely right.
Lord Marlesford (Con)
My Lords, as we are talking about terrorism, may I take this opportunity to ask the Government when they expect to stop allowing themselves to be blackmailed by terrorists and their advisers into paying out large sums in order to protect our security services?
Baroness Williams of Trafford
I think my noble friend knows he is completely off the scope of the Question. I cannot talk about specific incidents because of course they are matters of national security.
Lord Reid of Cardowan (Lab)
My Lords, of course prevention is always better than aid, assistance or cure. In view of the recent revelations about the threat posed by some of the people who came back from Guantanamo, do the Government now regret having watered down control orders and other supervisory measures immediately on coming to power in 2010?
Baroness Williams of Trafford
My Lords, some of the work that the Government have done in terms of disrupting journeys through the Prevent programme has been very effective, both in preventing people going to Syria and in preventing people’s minds being poisoned by certain ideologies which run contrary to our rule of law.
Lord Rosser (Lab)
The Question is about the Government promoting and supporting charities which give guidance to the public on how to react in the event of a terrorist attack, but we also need to support those trying to prevent terrorist attacks in the first place, and we too extend our congratulations to Cressida Dick on her appointment as the next Metropolitan Police Commissioner. Could the Government say whether they have had any concerns raised with them, other than in Parliament, about the actual or potential impact of cuts in police budgets—whether already implemented or now being required to be made in police budgets—in real terms on the effectiveness and thoroughness with which the police will be able to play their part in preventing and combating acts of terrorism in the future? If so, from what sources have those concerns come and what has been the Government’s response to them?
Baroness Williams of Trafford
I can tell the noble Lord that £144 million over five years has been put into armed policing capability, which is obviously vital in situations such as this, to allow them, as he says, to respond more quickly in such eventualities. The number of armed police will increase by more than 1,000 over two years, and additional round-the-clock specialist teams will be deployed outside of London. In addition, there will be 40 extra armed police response vehicles on the street.
Religious Literacy
Baroness Williams of Trafford Excerpts(9 years ago)
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Lord Singh of Wimbledon
To ask Her Majesty’s Government what steps they are taking to combat religious extremism and to promote a cohesive society by enhancing religious literacy at all levels of government.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, the Government are challenging all forms of extremism through our counterextremism and Prevent programmes. We are working closely with faith groups to understand the impact of policies and to improve religious literacy in government. The Home Secretary and the Communities Secretary hosted a round table for representatives of all faiths last November.
Lord Singh of Wimbledon (CB)
I thank the noble Baroness for that Answer, but there are still concerns. The Government paper on the hate crime action plan contained no mention of non-Abrahamic faiths. That suggests something about the religious literacy there. Does the Minister agree that democracy implies being attentive to the legitimate concerns of all sections of the community, not those of a single religious or other majority? Does she further agree that teachings and practices that go against human rights must be robustly challenged, but that we need to know something about what we are challenging before we can do that? Programmes like Prevent cannot be effective without such knowledge. One final point is that I have put the basics of Sikh teachings on one side of A4, and that can be done for other faiths as well. Should that not be essential for religious literacy in government departments?
Baroness Williams of Trafford
I missed a little of the noble Lord’s question, but I think I have enough to go on. He said that the hate crime action plan did not specifically refer to non-Abrahamic faiths, but the tenets of the action plan cover points on hatred on the basis of religious belief, disability, sexuality and so on. It is therefore implicit within it that, for example, Sikh communities are included. As for the understanding of religious literacy within both government and wider society, both the Home Office and DCLG engage widely and often with faith communities. Shortly after the referendum, I myself met people from different faiths, including Sikhs, in Manchester to discuss religious literacy, the outcome of the referendum and the corresponding hate crime attached to it.
Lord Foulkes of Cumnock (Lab)
My Lords, will the Minister confirm that there has been no violence and no torture, and no wars have been waged, in the cause of humanism?
Baroness Williams of Trafford
I do not think I can accurately answer that without looking at my history books.
Baroness Warsi (Con)
My Lords, can my noble friend tell us whether the Prevent strand of the Government’s Contest strategy is part of their counterterrorism strategy or their counterextremism strategy? Can she also say whether there is a religious literacy element to the training given to Prevent co-ordinators? If there is, would she be happy to place a copy in the Library?
Baroness Williams of Trafford
My Lords, the central tenet of the Prevent strategy aims to protect young people who might be vulnerable to both extremism and terrorist preaching either online or in their communities. Actually, it is a protection mechanism, not a targeting mechanism, as I am sure my noble friend will be aware. It is a protective element to help prevent some of the external forces to which our young people are subjected in a negative way prevailing.
The Lord Bishop of St Albans
My Lords, just three weeks ago I spent half a day in an immigration removal centre and so gained an up-to-date insight into some of the complex and sensitive issues that are being dealt with there. Concerns continue to be raised about the level of religious literacy among some of the asylum caseworkers. Is the Minister content with the level of training that they are getting in religious literacy and, if not, what can be done to improve it?
Baroness Williams of Trafford
The right reverend Prelate raises a very important point about the detention estate. Certainly an awful lot of time and effort has gone into the training of staff in terms of the sensitivities around LGBT detainees; in terms of his important point about religious literacy, I will go back and check on just what training is given in that area.
Baroness Hussein-Ece
Does the Minister agree that last weekend’s Visit My Mosque initiative, which hundreds—indeed, maybe thousands—took advantage of, was a very good and positive example of promoting greater understanding, community cohesion and tolerance in our society? Does she think that we should have more such initiatives from all faiths to bring people together and establish a more understanding and truthful dialogue?
Baroness Williams of Trafford
The noble Baroness raises a really good point about community cohesion. There was a mosque event just near to me last weekend and I had reported back that it was incredibly successful. In fact, the same community holds a summer fair, to which all their neighbours are invited and which is a great initiative—so yes, I would encourage more.
Child Refugees
Baroness Williams of Trafford Excerpts(9 years ago)
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Lord Dubs (Lab)
My Lords, I beg leave to ask a Question of which I have given private notice.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, we have not closed the scheme to transfer children under Section 67 of the Immigration Act. The announcement yesterday specified the total number of children that will be transferred pursuant to Section 67, as required by the legislation. Over 200 children have already arrived in the UK under this provision and more children will continue to be transferred from Europe up to the specified number of 350.
Lord Dubs
My Lords, I must confess that I am slightly puzzled because, if the Government say that there is a specified number of children, then after that total has been reached the scheme has been closed. I remember—it was not long ago—that the Prime Minister, when she was Home Secretary, told me that the Government were prepared to accept the amendment, and on the same day the then Immigration Minister said to me that the Government would accept the letter and the spirit of that amendment. In arbitrarily closing down a scheme without any good reason for doing so, I believe that the Government are in breach of their own commitments.
Baroness Williams of Trafford
My Lords, the scheme is not closed. As the noble Lord said, we will be accepting up to the limit of 350 but at this point in time the scheme is not closed.
Baroness Williams of Trafford
More children will come. The scheme is not closed. We have to appreciate, and I think noble Lords generally have appreciated, that the capacity of local authorities is limited.
Baroness Williams of Trafford
Noble Lords might rubbish that but the capacity of local authorities is limited. We have relied on their good will. It has been an entirely voluntary approach from local authorities, and of course I encourage more local authorities that think that they might have places to come forward. I refer noble Lords to what this Government have done. Up to September 2016 we have provided in this country refuge or other forms of leave for more than 8,000 children. I am very proud of that.
Lord Cormack (Con)
Will my noble friend accept that the concern that has been expressed this morning is not confined to the other side of the House?
Baroness Williams of Trafford
Sorry, I thought my noble friend might say something else. Yes, I accept the concern but I can only reiterate what I have already said.
Baroness Sheehan (LD)
The implication of the Government’s actions, if we go according to the letter of the amendment—Section 67 of the Act—is that local authorities have reached the end of the road and have no further capacity. However, that reasoning is palpably faulty. There are many people who have expressed an interest in helping, as well as churches, other faith groups and local authorities. I know several people who have indicated their willingness to help to a local authority but have had little response. Obviously the Government are quite uninterested in taking in more children.
Baroness Williams of Trafford
My Lords, that is absolutely wrong. We have had informal expressions of interest, and if the noble Baroness has the names of those individuals and church and community groups I encourage her to contact us so that we can get matters in train.
Baroness Morris of Bolton (Con)
My Lords, I declare an interest as a member of the business task force that was set up after the Syrian donor conference to provide jobs and help families and the dispossessed in the region, to prevent them making the perilous journey to Europe. The Government have to be congratulated on the work they are doing there. When the number of 450 is reached, will the Government still look at the discretionary clauses under Dublin which allow countries to take in the most vulnerable people? I am particularly thinking of mothers with babies and the victims of traffickers.
Baroness Williams of Trafford
Yes, the people to whom my noble friend refers in the region are the most vulnerable people on the globe. We do not close our doors to people who genuinely seek refuge in this country. Up to September last year, we gave asylum or other forms of leave to 8,000 children.
Lord Reid of Cardowan (Lab)
Will the Minister explain to us where the figure of 350 came from; what consultations and calculations underpin it; and whether her request that others volunteer from the local authorities means that, if such representations and offers are made, the Government will revise that figure of 350?
Baroness Williams of Trafford
The noble Lord asks a valuable question. We do not stop consulting local authorities. Of course if local authorities or community sponsorship groups were to come forward, we would certainly consider that. The figure of 350—in fact, it was 400—came from local authorities. We have revised it down to 350 because, if some of the family cases break down, the children will need local authority care and we need some capacity to provide it. Our consultation with local authorities is ongoing.
Lord Alton of Liverpool (CB)
My Lords, the Minister will recall that last month I raised with her the disappearance of unaccompanied children. Figures from Europol that I first raised in your Lordships’ House in June showed that 10,000 children had disappeared on the continent and that hundreds were disappearing here in the United Kingdom. One of the reasons why I was proud to be a signatory to the amendment moved by the noble Lord, Lord Dubs, was the disappearance of those unaccompanied children. Last week, I sent the Minister a statement from ECPAT UK, the organisation established to protect children, which said that it is shocking that the Home Office says it has no evidence. Where do we stand on these missing unaccompanied minors?
Baroness Williams of Trafford
I presume the noble Lord refers to children both at home and abroad. Obviously, if a child is in Greece, Italy, France or wherever, it is the responsibility of that Government to safeguard that child. I said to the noble Lord that I did not have evidence of disappeared children in this country. That is not to say that in future that may not happen, but at this point we have had no representation from local authorities to say that children are disappearing. Obviously, if that were to be the case, we would follow it up with some urgency.
Lord Rosser (Lab)
My Lords, yesterday my noble friend Lord Dubs in this Chamber asked the Government,
“to confirm the news that we have heard about the Government intending to bring to an end the scheme under Section 67 of the Immigration Act”,
namely, the Dubs amendment. In response, the Government told the House:
“A Written Ministerial Statement will underscore that, far from doing that, Section 67 of the Act … stands”.—[Official Report, 8/2/17; col. 1715.]
Why was no reference made yesterday by the Government to any cap of 350 when that response was given to the very specific question from my noble friend Lord Dubs?
Can the Minister also respond to a question about the Written Statement? It says:
“Local authorities told us they have capacity for around 400 unaccompanied asylum-seeking children until the end of this financial year”.
What capacity have local authorities told the Government they have for unaccompanied asylum-seeking children in the 1917-18 financial year on the basis that the current level of government funding is continued?
Baroness Williams of Trafford
My noble friend referred the House to the Written Ministerial Statement in which the figure of 350 was iterated; clearly, the WMS was laid not long before Questions began. I cannot remember the second part of the noble Lord’s question.
Lord Rosser
I am happy to repeat it because it is a quote from the Government’s own Written Statement:
“Local authorities told us they have capacity for around 400 unaccompanied asylum-seeking children until the end of this financial year”.—[Official Report, Commons, 8/2/17; col. 10WS.]
What capacity have local authorities told the Government they have for unaccompanied asylum-seeking children in the next financial year, namely 1917-18, on the basis that the current level of government funding is continued?
Baroness Williams of Trafford
I think the noble Lord means 2017-18. Obviously, as I have said to noble Lords, the Government are in constant consultation with local authorities on a range of things, including this. The scheme is entirely voluntary. We do not want to force local authorities to do things that they may not have the capacity to fulfil. Children are of paramount importance.