Bill of Rights

Baroness Whitaker Excerpts

Monday 24th January 2011 Lords Chamber

[Lord McNally]

Most certainly, my Lords. One thing that I have been looking at is whether it is possible to give some guidance in the exercise we are undertaking which will point our courts to such a sensible review of human rights cases. Nothing does more damage to human rights than court judgments that call on human rights, not always accurately, as the justification for action which the general public think is absurd.

[Baroness Whitaker]

Nevertheless, does the noble Lord agree that the Human Rights Act has done much to underline the dignity of ordinary people through the courts when they have restored the right of elderly people to life-saving treatment in hospitals and the right of brothers and sisters not to be separated if they go into care homes, along with many other such decisions?

[Lord McNally]

My Lords, I could not agree more because, importantly, whereas we get the odd publicity that seems to suggest that the Human Rights Act is there for the benefit of villains, the understanding that we need to get through to people is that it is our human rights which the Act protects. Just to add to what I was saying to my noble friend, one reason why I am an enthusiast for celebrating Magna Carta in four years’ time is that I want people to understand that human rights are part of our DNA as a country—something that Lord Bingham often emphasised. I am in talks with my honourable friend Sarah Teather about how human rights can be better included in teaching in schools.

Human Rights: Spending Cuts

Baroness Whitaker Excerpts

Thursday 7th October 2010 Lords Chamber

[Lord McNally]

My Lords, I agree entirely that human rights are not a matter to be judged by expenditure cuts. What we can do—and I think that this is already taking place in all departments—is to ensure that, when the inevitable cuts take place, they are tested against protecting human rights, with a strong emphasis on protecting the rights of the most vulnerable.

[Baroness Whitaker]

Does not the Government’s cutting of the £30 million grant to local authorities for building sites for Gypsies and Travellers deeply affect their human rights, not least the rights of thousands of Gypsy and Traveller children to education and access to health, as well as a place to live in without the terror of eviction?

Queen's Speech

Baroness Whitaker Excerpts

Thursday 27th May 2010 Lords Chamber

[Baroness Whitaker]

My Lords, I will focus on the sentence in the gracious Speech that announces the Bill to,

“devolve greater powers to councils and neighbourhoods and give local communities control over housing and planning decisions”.

There are good reasons for giving local people more power over their neighbourhood. Indeed, one could say that it is an essential feature of democracy. I wish the Government well in this objective, provided that, in the end, democracy is well served by the way in which it is done.

There are other essential features of democracy as we understand it, of course. One is to enable the citizen to enjoy a secure place to live, with the amenities we consider necessary to health, education and leisure accessible and of a decent standard. Another is to safeguard the rights of minorities to those things, as the noble Lord, Lord McNally, has recognised. It is particularly in these respects that we must look carefully at how control by local communities will be exercised. For instance, how will the Government ensure that good standards of design for housing will be adhered to, no matter what the enticements of developers; or, for that matter, that enough housing will be built at all? Will it be firmly inculcated, with guidance available, that good design in housing saves money in the long term, especially since people tend to live in communities in the long term, unlike some developers, who build, sell and move on? How will the admirable statements of the new Minister for Culture, Mr Ed Vaizey, on the value of good architecture, be brought to bear on planning authorities? Now, as the noble Lord, Lord Bichard, said in his profound maiden speech, there is a great opportunity for joined-up government. Can we be assured that it will be used to raise local standards?

Where will local communities find their expertise in design? I mean the design not just of houses, but of whole neighbourhoods, so that schools and clinics are within easy reach, that there are pleasant places to walk, that the motor car does not take pride of place where families live, and that crime is designed out and community solidarity fostered. Good design can help powerfully with all those things and there is plenty of research to show it. Research also shows how well designed communities are energy-efficient and attract investment. Design contributes substantially to eroding that poverty of aspiration which characterised the poorer housing estates of the 1980s. What will happen to the design principles that are emerging now from our enlightened neighbourhoods, where crime has fallen and people have rediscovered community action to improve their surroundings? What plans do the Government have to raise the standard of the worst to that of the best? Will they develop the role of CABE, the Commission for Architecture and the Built Environment, and will they endorse the approval of the Liberal Democrat LGA Group for the “Total Place” concept?

The other area I mentioned—that of the interests of minorities—applies most poignantly to the fate of Gypsies and Travellers. Sadly, the previous Government did not have time to implement the provision in the Housing and Regeneration Act 2008, which would give Gypsies and Travellers equal security of tenure with other occupants of mobile home sites. Can the Minister tell us when the statutory instrument which would bring this legislative obligation about will be made? How will the Government ensure that local authorities make comprehensive assessments of homelessness, so as to include Gypsies and Travellers and provide the sites which they should? What provision are they making for the education of Gypsy and Traveller children, who are among the lowest achievers in our maintained system? One reason for this is bullying and intimidation at school. I have heard many examples of drop-out at secondary school for this reason. What will the Government do to provide safety and security for the children of this most marginalised of communities? Will their mothers continue to have the highest rate of maternal mortality in the British Isles?

I look forward to hearing more about how the fairness which both sides of our new coalition Government have proclaimed will be made available to the people who have had least of it; and how local communities can be empowered so that fairness, as well as good design and new homes, are brought about.