Serious Crime Bill [HL]

Baroness Howe of Idlicote Excerpts

Tuesday 15th July 2014 Lords Chamber

[The Earl of Listowel (CB)]

My Lords, I support Amendment 40BZB in the name of my noble and learned friend Lady Butler-Sloss. I am sure that many of your Lordships are aware that very often there is a cycle of family dysfunction from one generation to the next. For instance, we know that many of the young women who come through the care system are more likely to have their children removed from them in due course.

One of the results of early neglect in childhood can be the development of a character which is very resistant to advice or intervention from others. Being rejected by one’s parents at an early age can give rise to a personality that is very wilful and resistant to others, understandably, because such people may distrust others around them. I can see this amendment being particularly helpful when one thinks of a parent who may be very wilful, who may believe absolutely, “I am not going to be told by anybody else what to do. I know how to bring up my own children”. That wilfulness may be influenced by their early experience. Dealing recently with a middle-aged man whose mother was an alcoholic and talking to the health professionals dealing with him, it was striking that no one could tell him what to do. He resisted all attempts to provide him with treatment and any advice from those around him, even the professionals.

The particular advantage of this amendment is that it may help individuals who are very resistant to taking advice from professionals. It may just be the extra incentive that will give them the chance to try something different with their children or to seek help for themselves when they are very distrustful of other people and professionals. I hope that is helpful.

[Baroness Howe of Idlicote (CB)]

My Lords, I very much support my noble and learned friend Lady Butler-Sloss, because her amendment absolutely stresses this emotional side that we are talking about and which has been in the background for far too long.

However, I am on my feet only because I think that the point made by my noble friend Lady Howarth is absolutely right. All these measures, and particularly the amendment of the noble Lord, Lord Ponsonby, need to be brought in to the Bill, which should be amended. For that reason, I very much hope that the Minister will do just that.

[Lord Elystan-Morgan (CB)]

My Lords, at Second Reading a month ago, I committed the cardinal sin of making some very specific and detailed comments of a nature belonging more to a Committee stage than otherwise. I am not going to make up for it by making a Second Reading speech today, but I very much welcome the amendment in the name of the noble and learned Baroness, Lady Butler-Sloss.

I have little doubt that the draftsmen of Clause 1 of the 1933 Act intended that “cruelty” should relate to both physical and non-physical cruelty. However, in 1981 in the case of Sheppard, this House caused some confusion in relation to that matter by placing what might be described as a somewhat heavy gloss upon the words of statute. The combined effect of the amendment and Clause 62 is that the situation will be made abundantly clear. I very greatly welcome that.

I also take the point that in so far as defining cruelty in terms of serious harm, a very great bringing together of two concepts has been achieved; that is, the definition of “significant harm” in Section 31 of the Children Act 1989, which of course is the section that sets up the machinery for the obtaining of a care order, is now almost exactly the same—or so near as to make no difference whatever—as the definition of the criminal offence that this clause brings about.

I take wholeheartedly the point made by the noble and learned Baroness, Lady Butler-Sloss, that the last thing one wants to do is to bring these civil situations into a criminal court. Sometimes that is inevitable. I also take the point that it is right that social workers and those involved in the protection of children in the civil field should, as it were, have the same hymn sheet as those who deal with those situations in the criminal field. They are two different fields, which should be mutually exclusive if humanly possible, but nevertheless it is right that the same standard should apply to both.