Serious Crime Bill [HL]

Debate between Baroness Howe of Idlicote and Lord Swinfen

Tuesday 14th October 2014 Lords Chamber

[Lord Swinfen (Con)]

I am not sure that I heard my noble friend correctly but he talked about child cruelty when someone was, first, in possession of drugs and, secondly, under the influence of drugs. I understood him to say that they were actually under the influence of the drugs of which they were charged with being in possession. Purely for clarification, what is the position if they are in fact under the influence of a different drug? I ask this because barristers are on the whole extremely clever. I would like to make certain there is no escape clause in the Bill.

[Baroness Howe of Idlicote (CB)]

My Lords, I believe that the noble Lord, Lord Ponsonby, was going to speak to Amendment 41A, but if he is not here I would be happy to make that case—or part of it, anyhow.

Child protection law clearly defines a child as a person under the age of 18. This is enshrined in the Children Act 1989 and in the United Nations Convention on the Rights of the Child. However, the law on neglect is 80 years old, so quite clearly it is seriously out of date. In 1933, life as a 16 year-old was very different. The school-leaving age at that time was 14. In 1931, 88.5% of males and 75.6% of females aged 16 to 17 actively participated in the labour market.

Current laws on work and benefits mean that 16 to 17 year-olds are made more vulnerable to neglect. You will not qualify for universal credit if you are under 18—with some limited exceptions. The minimum wage for a 16 to 17 year-old is £3.72 an hour, which makes it impossible for many to live independently.

This law clearly has had serious impacts on 16 to 17 year-olds. The police find it much harder to prosecute parents or guardians of 16 and 17 year-olds for abuse or neglect because these laws do not apply to 16 and 17 year-olds. Around 16,000 young people aged 16 to 17 experience a risk of homelessness as a result of conflict or relationship breakdown with their families. Ofsted’s review of serious case reviews between 2007 and 2011 showed that 18% of cases were in relation to 14-plus year-olds. One of the issues that the review highlights is that many young people in SCRs were treated as adults rather than being considered as children because of confusion about the young child’s age and legal status, or a lack of age-appropriate facilities.

What I am really stressing is that the law is inconsistent and needs clearing up. While a 16 year-old can marry, they still need permission from a parent or guardian. It makes no sense that an adult can break the law if they sell alcohol or cigarettes to a 16 to 17 year-old, or smoke in a car with a 16 or 17 year-old in the back seat, but not if they abuse or neglect them. I very much support this amendment from the Children’s Society. I hope that the Minister will be able to take account of it and work further on what needs to be done to update this law.