Policing and Crime Bill

Debate between Baroness Howe of Idlicote and Lord Wigley

Committee: 5th sitting (Hansard): House of Lords
Wednesday 16th November 2016 Lords Chamber

[Lord Wigley]

My Lords, Amendment 228D stands in my name and that of the noble Lord, Lord Ponsonby. This amendment increases the range of offences for which the Attorney-General has the power to refer a relevant lenient sentence to the Court of Appeal for review. The offences covered by the amendment are stalking, which my colleagues in the other place have been involved in seeking legislation on over the past two or three years—I am glad to see positive movement on this—multiple breaches of restraining orders, coercive control, incitement to support a terrorist organisation and the possession of indecent images of children. Those are the categories we refer to in the amendment.

The Criminal Justice Act 1988 gave the Attorney-General the power to refer unduly lenient sentences to the Court of Appeal. The power was rightly restricted to certain serious offences, but since that time new legislation has been enacted for other grave matters. The time is right to reflect those changes and to address the concerns about individual cases of leniency by adding these new offences to the relevant schedule to the 1988 Act. The changes are not retrospective but would give the Attorney-General the power to refer such lenient cases in the future.

There have been a number of sentences in individual cases in the recent past involving the offences I have listed in the amendment which have been widely reported and have indeed caused public concern. Subsection (a) of the proposed new clause refers to stalking, which is dealt with in Section 4A of the Act,

“involving fear of violence or serious alarm or distress”,

and would have been relevant, had it been enacted, to the sentence of only three years for the stalker of Emily Maitlis. This seemed to be very lenient given that the behaviour had gone on for more than 20 years and despite many previous convictions. The stalker of Claire Waxman, again with numerous convictions, got three years and was back in the community after 18 months. Longer sentences would not only be just, they would also allow for longer perpetrator treatment while in custody.

Stalking victims constantly complain that restraining orders do not work because they are not enforced. The perpetrator in the Claire Waxman case breached them many times and other women currently working with Voice 4 Victims say the same. Sometimes, for whatever reason, it appears that the police do not investigate, while in other cases the courts hand out fines or warnings, yet the maximum sentence for a breach is five years. The ability to refer multiple breaches for re-examination by the Court of Appeal would facilitate the raising of the threshold.

Coercive control in a domestic situation became law in 2015. The behaviour causes massive damage to predominantly female victims and can last for years. Women may be controlled financially or in terms of their movements by being confined to their homes, and harassed and bullied. Too few prosecutions have been brought to court so far. The ability of the Attorney-General to refer individual cases will help to highlight the serious nature of such unacceptable behaviour.

Section 12 of the Terrorism Act 2000 involves inciting support for a proscribed organisation. Earlier this year, the hate preacher Anjem Choudary was given three and a half years despite the fact that the court heard that he had encouraged at least 100 young people to turn to ISIS. He could be out in 20 months or less.

The inclusion of the possession of indecent images of children follows an extraordinary case this summer where a male offender was given a suspended sentence in spite of having thousands of images on his devices, including 400 category A images, which are the most vile. His defence argued for a non-custodial sentence on the grounds that he wanted to start a family.

This amendment, which has been drafted by Voice 4 Victims, would update the Attorney-General’s powers and increase public confidence in the sentencing process. I beg to move.

[Baroness Howe of Idlicote]

My Lords, I want to add a few words of support for this amendment. Four years ago I was fully in support of the creation of the offence of stalking, which involves putting a person in fear of violence, serious alarm or distress. Although the maximum sentence is five years, there have been a number of disturbing and unduly lenient court sentences for perpetrators who had been stalking their victims for a decade or more.

I recently met Claire Waxman who has been referred to and who had been hounded by a relentless stalker for 13 years. Her case highlighted the struggle that stalking victims face in the criminal justice system. It was one of the key cases given as evidence in the stalking law reform and it took over a decade for her perpetrator to receive a substantial custodial sentence. In those years, Claire said, “I felt completely failed by the justice system for allowing my long-term stalker to receive suspended sentences or very short jail sentences. These sentences served little purpose as he continued his criminal behaviour each time. I strongly believe had we been able to refer this case to the Attorney-General for the Court of Appeal, he may have received the right sentence earlier on, saving me from years of unnecessary harm and distress”. I very much hope that the Government will see a way to support this amendment fully.

Welfare Reform Bill

Debate between Baroness Howe of Idlicote and Lord Wigley

Wednesday 25th January 2012 Lords Chamber

[Baroness Howe of Idlicote]

My Lords, I have listened to what has been said and there has been quite a lot of support for the amendment. Indeed, some of the figures are very alarming, including the amount that lack of provision costs the economy. My question concerns how much of what we are talking about in the amendment is available within a reasonable distance of where people with these conditions live. If there is not an adequate supply, which I have a sneaking suspicion may be the case, what are the Government’s plans to ensure a reasonable regional, at the very least, supply of this form of treatment?

[Lord Wigley]

My Lords, I support the amendment and I am very grateful to the noble Lord for bringing it forward. It is important that we do not allow this dimension not to have the necessary attention before this Bill completes its passage. Everyone accepts that mental illness is a widespread challenge and we all commit to the need for something to be done. Yet, decade after decade, we hear the same noises being made and we wonder whether progress has been achieved.

As has been said by a number of noble Lords tonight, it is not just for the benefit of the individual—clearly it is to the individual’s benefit if he or she can remain in work or get into work with the necessary intervention, help and support—as it is also clearly of benefit to society as a whole and to the economy.

Following on from the comments we have just heard about the regional dimension, I should like to add the rural dimension. It is difficult enough for those with mental illness problems in cities but it is sometimes even more difficult in rural areas where there are not the support networks within anything like reasonable distances. In any thinking that the Government may be doing on this, perhaps that also could be taken on board. Even though this proposal may not find its way into the Bill, I hope that the Minister is in a position to indicate to the House the thinking on the way that this dimension can be taken forward.

Welfare Reform Bill

Debate between Baroness Howe of Idlicote and Lord Wigley

Tuesday 17th January 2012 Lords Chamber

[Lord Wigley]

My Lords, before the Minister gets up—I am sorry I did not get in before the noble Lord on the Opposition Front Bench, who beat me to it—I want to say a few words in support of Amendment 50ZGB moved by the noble Baroness, Lady Grey-Thompson. It provides a basic rate of daily-living payment to minimise the number of disabled people who might otherwise be totally deprived of such focused help. Listening to Radio 4 this morning and hearing the Minister from the House of Commons acknowledging that 500,000 people could be hit by these changes really brought home to everyone the significance of what we are talking about. The ending of lower-rate DLA will leave people with needs arising from their disability but without the means to pay for them.

The point was made earlier by the Minister—and I understand his point—that the day-to-day costs of living are covered separately from the additional costs of disability. The implication is that people who would be in the lower group do not have additional costs of disability, but we all know from experience that they do and they are going to be losing out as a direct result. If the Government’s intention is that so many people who have previously been recognised and acknowledged as having needs will no longer be helped to meet those needs, let them say so. I think it is a very retrograde step.

[Baroness Howe of Idlicote]

My Lords, I had also meant to rise to speak a bit earlier. I, too, very much support what has been said about those amendments. We have all been absolutely flooded with e-mails about the situation of many of the people with disabilities we are talking about, who are fearful about their future and about how they are going to be affected. What has really impressed me is the details they give of their own lives and just what they need the extra money for—things that you and I would not even think about. It is not just support to get out of the house and to get to the shops or extra money for a car because there is no other way of getting about, but support for very basic extra things to make it possible to use saucepans and things like that.

I appreciate the actions that have already been taken, but I hope that serious thought will be given to those half a million people who will still suffer as a result. I am sure that the Minister will do everything he can to ensure that those in real need are approached with a flexible mind, but, nevertheless, some will fall between the new systems that are being devised, so I support the amendment and hope that serious consideration will be given to it.

Welfare Reform Bill

Debate between Baroness Howe of Idlicote and Lord Wigley

Monday 28th November 2011 Grand Committee

[Baroness Howe of Idlicote]

My Lords, I was more than happy to put my name to this amendment because the noble and learned Lord, Lord Mackay of Clashfern, seemed to be making the right point in this amendment. I am only sorry that my noble friend Lord Northbourne is not in his place because the important parenting responsibility of fathers is one of the areas which he has been pushing for years. As has been stressed, sadly, we are really talking about single parents, 97 per cent of whom are mothers, who are in this position. There was a hope that the citizenship classes which the previous Government introduced would be about your responsibilities to your future children, not about sorting out disputes between you and your own parents, and thinking that the responsibilities of parents ought to be shared.

I am not going to repeat everything that has been said, but I agree that it is wrong in principle to charge single parents, mainly women, who have no alternative, when the other parent refuses to pay maintenance. That is not only unjust; it is, as has already been said, indefensible.

Gingerbread has given us a considerable number of quotes. As the right reverend Prelate said, they are very moving. I shall end by quoting a letter that Gingerbread sent to me, for which I am grateful. The writer was clearly quite sympathetic, in theory, to the Government.

“While I can understand many of the government’s cuts and tax rises—a number of which will directly affect me—I cannot understand these proposals. If only you knew how driven single parents have to be to even apply to the CSA. When I first turned to the CSA five years ago I eventually gave up. It was in such hopeless disarray … Fortunately, a judge laid out maintenance in my divorce agreement and my ex-husband paid up. But two and half years ago he stopped paying and I was forced, with many misgivings, to turn to the CSA. Luckily for me it had been reorganised and was able to progress my claim second time around, although it still took months. When the payments finally started coming via the CSA—you cannot imagine the weight that was lifted off my shoulders. I finally felt I could plan ahead for school trips, clothes and other essentials. The relief has been immense. The truth is that the proposals will only penalise the children the CSA is meant to help. Women generally only turn to the CSA when they have exhausted all other avenues. It’s an act of desperation. Those in government who preach about mediation and private agreements mean well, but they have no idea how difficult some ex-partners can be—some years ago, I would never have believed it myself. My message to the government is this: you will be hurting the very people you are trying to help. And, I fear, partners who only receive small payments will just give up altogether. It will be their children who will suffer. For me it will mean the worry returns—I will have to cut back and I already know that negotiating with my husband is an impossible task. So I will face having money intended for my children taken from me by a government which I trusted to come to my aid, and incurring his wrath over the fees he in addition will have to pay”.

That says it all. It is sad indeed that, although so many of us around this table and outside, would agree “Yes, let’s get everybody to sort out their own arrangements if humanly possible”, there really are situations where it is not going to happen. Until we get education on early intervention going in the way that the noble Lord, Lord Northbourne, hoped that one day we would be able to encourage the Government to provide for, I fear that we are going to have to fight arrangements like this. It is with that that I happily endorse the amendment in the name of the noble and learned Lord, Lord Mackay of Clashfern.

[Lord Wigley]

My Lords, I support the noble and learned Lord, Lord Mackay of Clashfern, in what seems to be one of the most important amendments that have come before this Committee in our long hearings. If it is not successful tonight—and no assurance is given—I very much hope that we will return to it on the Floor of the House on Report.

As the noble Lord, Lord Newton, said, those of us who had to deal with some of the Child Support Agency cases in the 1990s will know how desperately searing they were. It was not just one or two, but dozens, and sometimes even hundreds. I used to try to sort out problems with the local officers, either in Caernarfon or in the office that was administering the CSA in north-west England. It came to the point where I started writing to the Minister about each case because I thought that was the only way in which the message would get home. Poverty was referred to a moment ago. If one quotes the figures for the difference between south-east England and other parts, the average GVA per head in Kensington and Chelsea is over nine times that in Anglesey, and that is an average figure. Within Anglesey, there will be poorer people, as of course there will be in Kensington and Chelsea. It does not really matter where they are; it is what they are suffering. We want a system that can be sympathetic towards them; we certainly do not want a system which prevents people making appeals when things are going wrong. It must be our responsibility as a Committee to get that sorted out; if we cannot, then it will be decided on the Floor of the House.

Welfare Reform Bill

Debate between Baroness Howe of Idlicote and Lord Wigley

Thursday 3rd November 2011 Grand Committee

[Baroness Howe of Idlicote]

I present the sincere apologies of my noble friend Lady Mar. She had very much hoped that this amendment would come up on Tuesday, but alas, she has an engagement that she could not possibly break. So I will inadequately move it on her behalf.

Under the Bill, a person will be deemed to have limited capacity for work if the claimant’s capacity for work is limited by their physical or mental condition and if the limitation is such that it is not reasonable to require the claimant to work. The work capability assessment is designed to assess whether a claimant has limited capacity for work or limited capability for work-related activity, but there is no definition of work either on the face of the Bill or in regulations. A group of charities that includes the MS Society, Parkinson’s UK, Arthritis Care and Forward-ME have indicated that this is a significant omission, and it is one that I certainly agree with my noble friend Lady Mar should be rectified.

Individuals must not only be capable of some very limited work; they must be capable of obtaining realistic and sustainable employment. I am sure that the Minister will acknowledge that capability for work is not a clear-cut issue. Many disabled people fit neither the “completely fit for work” nor the “completely incapable of work” categories. As the Minister knows, the main interest is in those with a fluctuating condition—an area where my noble friend Lady Mar has both experience and, indeed, considerable knowledge. They can unpredictably veer between both categories and, however much they may want to work, this group finds it particularly difficult to obtain and retain sustainable employment.

My noble friend and I strongly support the principle that all those who are able to work should be supported through the work-related activity group in ESA, which is designed particularly to identify those who have a limited capacity for work. However, those who face significant barriers to returning to the workplace require extra time and support to move back into the work environment. The WRAG is a very important provision for those with fluctuating conditions, as it asks them to undertake work-related activities that are personalised and appropriate to their needs and abilities. However, the group believes that the current work capability assessment sets too high a bar for the test of limited capability for work—the test that admits people to the WRAG. The test fails to take into account the reality of the claimant’s abilities not just to take on work but to retain and manage unsupported sustainable employment.

The Australian Social Security Act 1991 and the Australian assessment of work-related impairment for disability support pension criteria supply a sensible definition of what could be meant by the ability to carry out meaningful work. Slightly amended for the UK, as is proposed in my amendment, this could provide an important aid in determining whether a claimant actually has limited capability for work. Broadly, the amendment would specify that, in order to be capable of work, the claimant should be able to: work for at least 15 or 16 hours each week in meaningful work that pays at least the national minimum wage; reliably perform their work on a sustainable basis without requiring excessive leave or absences—the Australian system takes this to be at least 26 weeks; and, lastly, work in unsupported employment without requiring excessive support to perform their work. I beg to move.

[Lord Wigley]

My Lords, I am very pleased to support this amendment. One is very aware of the tremendous work that the noble Countess, Lady Mar, has undertaken in this area and of her expertise. There is no doubt that the fluctuating condition of many people with disabilities can be a difficult factor from whichever end you look at it: from the point of view of the disabled person, who may want to work but is uncertain whether they can carry out the work, or from the point of view of the state and the way in which these regulations apply to such people.

The one element in this amendment that I am not entirely certain about is the question of “unsupported employment”. There are times when, if a disabled person is given adequate support, they can be in full-time meaningful work on a continuous basis. I would not want this amendment to undermine that dimension, which is very important.

Turning to new subsection (6B) proposed by the amendment, can the Minister comment on paragraph (b), which refers to work,

“which exists in the United Kingdom”?

This raises some interesting questions. Is it in the Government’s mind that there might be work outside the United Kingdom, the availability of which could, if it were not taken up, lead to people being debarred from their benefits? One thinks of people living in Dover: an hour’s journey puts them into the French catchment area. If one lives in Holyhead, if the fast boats are running one could quickly be in Dublin—presuming that there is any work in Dublin these days. The Government’s intention in this matter certainly needs to be probed. If paragraph (b) is necessary, I would be interested to know what the Government’s explanation is.