Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Baroness Lister of Burtersett and Lord Wigley

Tuesday 20th March 2012 Lords Chamber

[Lord Wigley]

My Lords, I support the amendment moved by the noble Baroness, Lady Corston, which will see the establishment of a women’s justice policy unit to review the treatment women received when they enter the criminal justice system. The unit would develop a government strategy for dealing with women offenders and the problems surrounding reoffending. Both these functions would be welcome.

In Committee, I supported an amendment tabled by the noble Baroness, Lady Gould, which called for courts to have regard for the effect of sentencing on dependants when sentencing women. I referred to the admirable work that the noble Baroness, Lady Corston, and her influential 2007 report have done to raise awareness of the particular problems facing women in the penal system. Women tend to fall into crime for specific reasons and, it is often claimed, are penalised more harshly than men.

The effect that prison has on women is more taxing. As the report by the noble Baroness, Lady Corston, points out, prisons were designed for men and thus the conditions are particularly unforgiving for women. For example, recent figures suggest that 37 per cent of women prisoners have attempted suicide, 51 per cent have severe mental illness, 47 per cent have a major depressive disorder, and 50 per cent have been subject to domestic violence and 33 per cent to sexual abuse. Developing a specific strategy to ensure that women in the penal system receive more appropriate services is fundamental if these appalling statistics are to be improved.

That the unit would tackle the problems which often give rise to women offending is welcome. It is a venture which would limit the number of women who end up in contact with the justice system in the first place. This is particularly important when we consider that, according to the Government’s figures, 54 per cent of women who are imprisoned are reconvicted within 12 months, rising to 64 per cent if the sentence was shorter than a year. To tackle offending and to limit reoffending, it is vital to eliminate the problems which cause women to fall victim to this vicious cycle of crime.

I am pleased to see that the unit would review the delivery of services relating to children and families. In Committee, we discussed the effect that sentencing can have on dependants. Some 66 per cent of female prisoners have children compared with 59 per cent of men. The Howard League for Penal Reform estimates that only 5 per cent of female prisoners’ children remain with the family when their mother is incarcerated compared with 90 per cent of male prisoners’ children. Clearly sentencing has an undeniable and often disastrous impact on women’s families. For that reason, more than most, the implementation of a unit to oversee and review strategies for women in the justice system would be a positive improvement, not just for these women, but for society at large.

[Baroness Lister of Burtersett]

My Lords, I want to make a very brief point in support of my noble friend Lady Corston. She talked about how we cannot leave the issue of women in the criminal justice system to the Ministry of Justice alone. My noble friend Lord Judd made the case for an interdisciplinary approach. Many women get caught up in the criminal justice system because their crimes are crimes of poverty. Women are more vulnerable to poverty than men, and many women in this country are experiencing poverty. They have to manage poverty while looking after their children. As well as a criminal justice system better attuned to the needs of women, we need an anti-poverty policy better attuned to the needs of women. A unit such as this could link the two.

Welfare Reform Bill

Debate between Baroness Lister of Burtersett and Lord Wigley

Tuesday 18th October 2011 Grand Committee

[Baroness Lister of Burtersett]

My Lords, my noble friend Lady Hollis has made a devastating case. I simply want to read out an e-mail that I received from someone who stands to be affected. She says:

“We have two children. Both girls are currently living in a two bedroom flat. We have been assessed by Social Services and GP as needing a three bedroom property due to our eldest daughter’s medical and welfare needs. She suffers from frequent, severe UTI infections which can leave her very poorly and in a lot of pain. She also suffers frequently from incontinence. This is having a very serious effect on her emotional well being and indeed is having a knock on effect on the whole family as we have to go in several times a night to see to our daughter to change her bedding, give her pain relief, clean nightwear, etc”.

This family had been told that they could move to a three-bedroom flat but have now been told that they cannot because of the incipient welfare reform legislation. The e-mail goes on to say:

“The new welfare legislation means that we are no longer entitled to a three bedroom even though they have written proof that we need one. This is now putting serious strain on my family and is affecting my eldest’s welfare. I cannot fight the law, I wish I was able to. I just want people to be made aware that families like mine suffer needlessly when these legislations are made. I would love nothing more than to be told my eldest can have her own room as I know her welfare would improve dramatically. But this is not going to happen”.

When I read this I thought that it surely could not be the case. However, presumably a family in this situation will not be allowed the bedroom that they need for their welfare. I feel dreadful reading such an e-mail and I hope that the Minister feels dreadful hearing it.

[Lord Wigley]

My Lords, the case made in the excellent opening speech by the noble Baroness, Lady Hollis, did not concentrate so much on the disability side, which we will come to in another bank of amendments, but was very strong indeed. Yes, the second part of Amendment 48 applies to disability, but her main thrust was on the adequacy of supply of houses.

The noble Baroness referred in particular to the situation in rural Norfolk. I can certainly vouch for the circumstances in the areas that I know in rural Wales, where this is an enormous problem because so much social and council housing in rural areas, particularly in beautiful rural areas, was bought under the right to buy legislation of the 1980s. Many of those properties that used to be social housing are now second homes. If anyone is expected to move in order to match the circumstances of the housing benefit permitted under this legislation, such people just will not find accommodation to meet those needs. It is suggested that they will find it in the private sector, but in rural areas, particularly where tourism is a major industry, the private housing sector is dominated by the rent that can be attained in the summer months from the tourism industry. Therefore, the likelihood of finding a suitable place is remote indeed.

My fear is that so many exceptions to the proposed legislation will arise that it will not be workable. We heard about the circumstances in Glasgow and the problems of disabled people who will be caught in this. With regard to the rural dimension, the one aspect that I would like to see is the building particularly of bungalows in the proximity of villages to provide the housing need, albeit that that would be a longer-term solution, as the noble Baroness, Lady Hollis, mentioned. One knows that the one category of house in overwhelming demand everywhere is the bungalow. A programme that bought land on the borders of villages that was currently outside the development boundaries and towns into those boundaries, and that was therefore possible to acquire at an intermediate price between the market price for building land and the much lower value of agricultural land, should help to provide a stimulus for the building industry and an answer, over a period of time, for some of the imbalances in the housing stock.

I realise that this does not come under the purview of the Minister, but perhaps the Government could, in the seamless web that they create, think about that possibility as a longer-term solution.