Age of Criminal Responsibility Bill [HL]
Baroness McIntosh of Hudnall Excerpts(8 years, 9 months ago)
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Baroness McIntosh of Hudnall (Lab)
My Lords, I am very grateful for the opportunity to speak briefly in the gap, and I will be brief, pausing only to say in passing that I have listened carefully to the debate, having had no thought of speaking in it, and am entirely supportive of the Bill that the noble Lord, Lord Dholakia, has brought before the House.
I will pick up on one thing that came out of the speech made by the noble Lord, Lord McNally. He referred to his experience of having made what seemed to me, as he reported it, an entirely reasonable proposition in respect of the age of criminal responsibility, then subsequently found that the parents—or at any rate he referred to the mother—of Jamie Bulger had been contacted and asked whether she agreed that the age should be lowered such that his killers would, as I think the noble Lord reported it, “get away with it”. That anecdote—I do not mean to trivialise it by calling it an anecdote but it is an anecdote in the sense that it is the noble Lord’s recollection—rather points at something that I fear may be behind the kind of reaction we have had so far from government to the proposal, which has been supported all around the House and by everybody who has spoken so far in this debate, that the age of criminal responsibility should be raised. Politicians inevitably have that fear—that if they do something which appears to be liberal, they will be hounded for it and held to account in an entirely unhelpful and irresponsible way.
I do not underestimate the fear that politicians have of being held to account by, as it were, the Daily Mail. However, is not the job of politics not just to follow public opinion as represented by the press but to lead it? When an issue of this kind is so unanimously held up as requiring reform as it has been today, and clearly is so viewed in wider society, it is important that politicians grow a backbone. I therefore address my remarks both to the Minister when he comes to reply and to my noble friend on the Opposition Front Bench, to ask them to consider that it is their responsibility to listen to the evidence and to make decisions that are clearly in the interests of the children whose lives we wish to protect, and not to be too frightened to make decisions, which may indeed result in the kind of press coverage that people do not like to get, but are none the less the right decisions.
Mental Capacity Act 2005 (Select Committee Report)
Baroness McIntosh of Hudnall Excerpts(9 years, 8 months ago)
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Baroness McIntosh of Hudnall (Lab)
My Lords, when I took my place in the Chamber, it occurred to me that I did not really want to speak in this debate at all. I only wanted to listen. I was right to have that thought because there is actually very little left to say—certainly for me to say—near the end of what has already been an absolutely excellent debate with some more still to come. Noble Lords with far greater expertise and experience than I could ever lay claim to have covered the water-front comprehensively. So I shall speak briefly to support but—noble Lords will be relieved to hear—not to repeat everything that has been said and to make one small plea of my own.
I was a member of the Select Committee so ably led by the noble and learned Lord, Lord Hardie. He has set out the committee’s stall with consummate skill, as those of us who served with him would have expected. I thank him, my colleagues on the committee and the immensely dedicated and hard-working team who supported us. I learned a vast amount from all of them and, of course, from the many people who supplied us with evidence. It was genuinely a privilege to be part of such an important inquiry. Everything that has been said so far demonstrates how much we have moved on from the very early days when a mental capacity Act was in contemplation.
As we have already heard, the Mental Capacity Act is a rare piece of legislation in that almost nobody has a bad word to say for it in principle. I am proud that it was introduced by the last Government. Along with the noble Baroness, Lady Barker, I am proud to have served, more than a decade ago, on the pre-legislative scrutiny committee which recommended a number of improvements to the original Bill. Those included, significantly, that its name be changed from the mental incapacity Bill to the Mental Capacity Bill. It was a critical decision because it emphasised the Bill’s intentions to focus not only on protecting those without capacity but also on what people with limited capacity could, with support, decide for themselves, rather than on what they could not. We have heard a great deal from various eminent noble Lords about the issue of best interest and how that is to be decided, for people who have some capacity as well as for people who have none. The resulting Act, which went on to the statute book in 2005, is widely felt to be essentially benign, founded on those five core principles about which we have heard a lot in this debate.
As has also been said, difficulties arise from failures of implementation and/or compliance with the Act which, in turn, derive from two main issues. One is imperfect understanding—among professionals and non-professionals—of how the Act should be applied in practice, including the kinds of formulaic and risk-averse behaviour so clearly described by the noble Baroness, Lady Finlay. The second is limited resources within the health and care sectors and more widely. The specific problems with DoLS have been well described, and are, we now understand, being addressed through a Law Commission review, with some additional measures to improve matters in the short term. These are welcome. Indeed, the Minister has given us all a preview of the speech we can expect from him by providing a helpful update on how the Government are taking forward each of the recommendations made by the Select Committee. It is gratifying to see how frequently the word “accept” appears throughout this document. However, the point made by the noble and learned Lord, Lord Hardie, is forcefully made and undeniable.
We also know, having had the benefit of his presence as a member of the committee before he entered Valhalla, that the Minister himself is well seized of the issues and committed to making progress, but it is hard not to be anxious about how many of these good intentions may fall by the wayside on the other side of the election, no matter who is in government. I hope that we will hear some reassuring words on that subject both from the Minister and from my noble friend on the Opposition Front Bench, whom I hope of course to see ascending to Valhalla himself soon after 7 May, but that is another story.
I should like to take a moment before I sit down just to mention the issue I referred to at the beginning of my speech, which is that of lasting powers of attorney, and which I do not think has yet been touched on by anyone else. The committee heard evidence suggesting that,
“awareness of LPAs among the general population was low, and that access to good quality information was not always readily available. Not many people were aware of the two types of LPA, covering property and financial affairs on the one hand and health and wellbeing on the other”.
The committee also observed that:
“Witnesses expressed concern regarding the complexity of the forms and cost of registering an LPA. The paperwork was considered onerous and the assistance of a solicitor was often sought; this added to the burden of costs”.
I know that efforts are being made on both of these issues, but my own recent experience, which I will share very briefly with the House, bears out the evidence.
When we were coming to the point of producing the report, it was borne in on me very forcefully that a lasting power of attorney was something that everyone ought to have, particularly as they move into their—shall we say—later years. The reason it struck me so forcefully was that we had spent an enormous amount of time in the committee talking about people who are declining into diminished capacity through progressive disease of one kind or another such as dementia, or those who suffer from learning disabilities which impair their capacity. What we did not talk about a great deal, although it has been mentioned in the debate, particularly by the noble Baroness, Lady Finlay, is the sudden loss of capacity that comes from an accident or catastrophic brain injury, through which one can be translated in a moment from full capacity to no capacity. I thought that it was something that could happen to anyone, so I had better trot along to my solicitor and get myself a lasting power of attorney set up. I got a good way down the line, but I have to say that I did find the process extremely off-putting. I do not mean that my solicitor was anything other than kind and supportive, but the amount of paper that had to be waded through, of consultation that needed to be done and of signing up needed on the part of the people who were to be registered as deputies under the LPA was such that—I am sorry and ashamed to say—I gave up. I still have not done it, and that is not good for me and it is not good for all the rest of us who have not done it. Allowing for all the necessary safeguards to protect against the misuse of LPAs, which I perfectly understand, can the Minister say what more could be done to encourage their uptake? I think that they will become increasingly important.
The Mental Capacity Act was and remains an enlightened piece of legislation which will become increasingly necessary and significant as more people live on with impaired capacity. It has already done good in the world and will do more, provided that it is understood and supported so that it can operate as it should. I hope that the Minister will take seriously the challenge from the noble and learned Lord, Lord Hardie, to think again about the Government’s decision not to implement recommendation 3. Doing so would be the best way to provide that support.
Lords Spiritual (Women) Bill
Baroness McIntosh of Hudnall Excerpts(9 years, 9 months ago)
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Lord Cormack
No, but a first is a first. I speak as someone who voted for the first woman leader of my party and who rejoiced in her success as Prime Minister, as well as someone who rejoiced in the success of the noble Baroness, Lady Boothroyd, as one of the most eminent Speakers that the other place has ever had. Oh, she is here! I am delighted that she heard that. Nevertheless, it is important that we recognise some of the points that I made. As I said, this is a debating Chamber and, when there are reservations, it is incumbent on those who have them to voice them—I hope, graciously, but to voice them.
Baroness McIntosh of Hudnall (Lab)
I hope that the noble Lord will forgive my intervening, but perhaps he would reflect on what he has just said about the two women to whom he referred and note that neither of them has yet been succeeded by another woman. One of the virtues of this Bill is that it protects the women who come forward and are ordained bishops from the possibility that there will only ever be one of them on these Benches.
Lord Cormack
I do not want to prolong this. I end where I began. Positive discrimination is something that we all have to take carefully into account. Without putting words into her mouth—because I would hate to do so, especially in her presence—I know that the noble Baroness, Lady Boothroyd, has always had views on that, as indeed did Margaret Thatcher. Let us make sure that those who are appointed are appointed on merit. Let us welcome them when they come and let us give them a forum here. I do not wish to say any more, but I think that it is important to put these things on the record.
Assisted Dying Bill [HL]
Baroness McIntosh of Hudnall Excerpts(9 years, 10 months ago)
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The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)
My Lords, I have to tell the House that in the first Division one noble Lord voted in both Lobbies. Accordingly, their vote has been discounted and the result of the Division was therefore: Contents, 106, Not-Contents, 179.
Legal Aid
Baroness McIntosh of Hudnall Excerpts(10 years, 9 months ago)
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Lord Faulks
I think it is approximately 61. I will have to write to my noble friend with the precise number who actually made applications. Very often they are given a preliminary view, which they can then take to a solicitor, who will then be able, if he has been given some encouraging words, to take the matter forward.
Baroness McIntosh of Hudnall (Lab)
My Lords, will the noble Lord reassure the House, in view of the very small number of applicants who have been successful, that the Government have no plans to withdraw the funding before people have figured out how to fill in the forms?
Prisons: Deaths of Young People
Baroness McIntosh of Hudnall Excerpts(10 years, 9 months ago)
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The Chancellor of the Duchy of Lancaster (Lord Hill of Oareford) (Con)
My Lords, we will hear from the Labour Benches first. I am sure we can get both questions in if we are quick, and if the questions are short and the answers brief.
Baroness McIntosh of Hudnall
My Lords, briefly, could the Minister confirm that the health assessment at the very beginning of custody includes assessment of mental health? If it does—which I hope it does—can the Minister say who conducts those mental health assessments and whether they are fully competent to do so?
Lord Faulks
The noble Baroness makes a very good point. Prisoners are screened on arrival in prison by a trained nurse to find out their health needs, and people with mental health problems who might be vulnerable to suicide are referred for a mental health assessment. All prisoners have access to an on-site healthcare team which deals with most problems. If a prisoner is suffering from a severe mental health illness, they may be transferred to a secure hospital. Approximately 1,200 prisoners with a severe mental illness are transferred to NHS secure services. We recognise that prison may not be the most appropriate place and we are developing liaison and diversion services, together with the Department of Health and the Home Office, to ensure that people who are vulnerable are identified and can be diverted, if necessary, away from the criminal justice system.
Justice: Non-custodial Sentences
Baroness McIntosh of Hudnall Excerpts(10 years, 10 months ago)
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Lord Faulks
I know that the noble Lord takes a great interest, and has great expertise, in this subject, and I can assure him that that is very much the intention. It is intended to set up a form of probation college that will maintain standards and ensure that all those involved in the project have suitable experience.
Baroness McIntosh of Hudnall (Lab)
My Lords, I am sure that the noble Lord will agree that rehabilitation is not an event but a process. Will he say what other criteria the Government are using to assess the success of rehabilitation, other than non-offending?
Lord Faulks
Non-offending is clearly extremely important. One of the difficulties that the Government have identified is that those who receive sentences of 12 months or less have not been getting the support in the community that they should. This will change as a result of government initiatives. Other factors, such as obtaining employment and making sure that they have appropriate skills, are equally important for the long term.
Children and Families Bill
Baroness McIntosh of Hudnall Excerpts(11 years, 1 month ago)
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The Earl of Listowel
I apologise for asking for this clause stand part debate quite late in the day, without giving noble Lords more notice, and also for delaying the proceedings of the Grand Committee. But I feel that this is a very important clause on the “Control of expert evidence, and of assessments, in children proceedings”. The matter of expert witnesses is vital to the purpose of this Bill, which is child welfare. We must have a good pool of expert witnesses to advise courts in these complicated matters.
I called for this debate because I attended a briefing by Dr Julia Brophy, from the University of Oxford, two or three months ago, in which she presented her research into expert evidence produced by independent social workers. She interviewed 32 judges on their experience of expert reports from these independent social workers and found that judges valued these reports, that the expert witnesses were well known by courts, and that the social workers were very experienced. She found that they made a positive difference to the outcomes of their decision-making.
Phil King, joint founder-director of the Confederation of Independent Social Work Agencies, emailed me today on a report from a social worker detailing how a mother and her seven month-old baby were doing extremely well in the community. The CISWA had provided a report in this case. The mother had a very poor history of parenting, with her previous children placed for adoption. The local authority planned for adoption for this particular baby; however, the judge wanted an assessment to see whether the mother’s plea that she had changed had any foundation. The assessment indicated that there had been change, and there was a good prognosis. Without the independent social worker expert report, that child would now have been adopted. One has only to speak to a mother who is restricted to seeing her 12 month-old or 14 month-old infant twice a week and to see the anguish that that mother experiences to realise that we have to be timely in our decisions but also very well informed.
Local authorities have responded to the recommendation in the 2011 Family Justice Review from David Norgrove, which identified a,
“trend towards an increasing and, we believe, unjustified use of expert witness reports, with consequent delay for children”.
In particular, according to the report, independent social workers,
“should be employed only exceptionally”.
Following this, CAFCASS chief executive, Anthony Douglas, said:
“Cafcass research shows that the family justice system is responding to the recommendations made by the Family Justice Review, even before legislation has been put in place. At a time where scarce resources must be directed to the right areas, we agree with the Family Justice Board that the use of expert witnesses should be limited to cases in which they are absolutely necessary”.
He goes on to say:
“Cafcass guardians have found the right expert can offer unique insight and value about into a child’s needs. In such cases, Cafcass guardians said that the evidence offered by expert witnesses has increased the speed of proceedings”.
Just as an aside, there is another debate about the remuneration of expert witnesses in family courts. It seems to me a particular matter of concern that the remuneration for independent social workers is only £30 an hour, which does not fit with the quality of the reporting that they do and their many years of experience. We mentioned in earlier debates the necessity of raising the status of social work, and it seems to work against that. So I hope that the Minister, in his discussions with the relevant agency—I think it is the Law Commission—about remuneration in the family courts for expert witnesses, may think to ask whether this is a realistic rate for professionals, and whether it is a way in which to retain this high-quality pool of professionals who are so necessary to those decisions.
I refer—I apologise for taking so long, I am nearly finished—to the evaluation of senior judges’ views of expert opinion from independent social workers which is entitled: Neither Fear Nor Favour, Affection or Ill Will: Modernisation of care proceedings and the use and value of independent social work expertise to senior judges, by Dr. Julia Brophy of Oxford University. She concludes that,
“to enable courts to meet timescales, therefore, guidance will need to be sufficiently flexible to recognise”—
The Deputy Chairman of Committees (Baroness McIntosh of Hudnall)
I beg the noble Earl’s pardon for interrupting, but the Division bell is ringing. The Committee will reconvene in 10 minutes, at 5.30 pm.
Defamation Bill
Baroness McIntosh of Hudnall Excerpts(11 years, 11 months ago)
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The Deputy Chairman of Committees (Baroness McIntosh of Hudnall)
Perhaps I could assist the Committee by suggesting that the noble Lord, Lord Phillips of Sudbury, has proposed an amendment as an amendment to Clause 14. Does he wish to move it?
Lord Phillips of Sudbury
I do not. The noble Lord, Lord McNally, has given as satisfactory a reply as is possible in the circumstances.
The Deputy Chairman of Committees
My Lords, perhaps I may suggest to the noble Lord, Lord Phillips, that if he is not going to move his amendment he should not speak to it.
Crime and Courts Bill [HL]
Baroness McIntosh of Hudnall Excerpts(12 years, 5 months ago)
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Lord Goodhart
I am sorry to interrupt, but it appears that in the order in which these matters are printed, I am the second and final person specifically connected with Clause 18 in this group, and it seems to me that this is the point at which I should be able to state my views on this matter.
The Deputy Chairman of Committees (Baroness McIntosh of Hudnall)
My Lords, I believe that the amendment in the name of the noble and learned Lord, Lord Lloyd, has been moved, and the name of the noble Lord is not, I think, on that amendment. However, the name of the noble and learned Lord, Lord Carswell, is on it.
Lord Lloyd of Berwick
My amendment has been moved by me and supported by two other noble Lords who would like to speak to it.