(9 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I am pleased to speak in support of my right hon. Friend the Member for Horsham (Sir Jeremy Quin), and it is a privilege and a pleasure to follow the right hon. Member for Kingston and Surbiton (Ed Davey), who spoke so well. I entirely agree with what has been said.
I had the pleasure of speaking a few weeks ago at a conference organised by the Share Foundation. Gavin Oldham is in the Gallery for this debate. Andrew Turner spoke at the conference as well and laid out all the practical challenges that we have heard. There was also a very good speech by Ruth Kelly, the former Labour Minister who had oversight of the child trust fund policy when it was introduced. It inspired me to recognise how often good Conservative policies are introduced by non-Conservative Governments, because I have a great respect for the policy.
Another speaker discussed the real genesis of the child trust fund, which was, of course, Tom Paine. In the 1770s and 1780s, he wrote about an approach by which Governments simply gave families a lump of capital as a means of sustaining them and ensuring that they developed the habits of thrift, industry and self-reliance that we all need. We might remember that in the 1990s, the then Labour Opposition were developing ideas around what they called asset-based welfare, which is a very good principle and one that I would not give to Labour entirely. We all share these ideas—[Interruption.]
The debate may now continue until 6.15 pm. I call Danny Kruger to resume his speech.
Thank you very much, Ms Elliott—I shall resume, rather than start again. I was saying that the child trust fund has its roots in a very good British tradition: the principle of asset-based welfare. In the 1990s, there was a tussle about the approach to public services. On the one hand, there was what we have come to call new public management, which was about centralised and bureaucratic quasi-market systems based on individual entitlements and comprehensive services. On the other, there was asset-based welfare, which was about putting capital into families and supporting communities to develop their own collective responses to social challenges.
In the new Labour years, the new public management model won out, with the great and noble exception of the child trust fund, which is such a brilliant innovation. It is such an important principle that people should be trusted to manage wealth and to sustain their families directly. I regret that, in 2010, when the coalition Government came in, the child trust fund was abandoned —I was going to have a pop at the Liberal Democrats, who I am sure were responsible for scrapping it, but let us just blame George Osborne, because we can all unite on that. Junior ISAs were established instead, and that is also a very good principle.
I want to echo the points that were eloquently made by my right hon. Friend the Member for Horsham and by the right hon. Member for Kingston and Surbiton about the real injustice that families now endure. Back in the days when the child trust fund was created, not enough consideration was given to children without mental capacity to access and manage their own finances upon becoming adults. Something very wrong was done without anybody intending it and without it being properly thought through. I will not repeat the points made by my right hon. Friend, but we have a huge obligation to right that injustice.
It is worth pointing out that we have not just tens of thousands of young people locked out of money that is rightfully theirs and without the money or incentive to pursue a Court of Protection case to unlock it. There is also a significant disincentive to open a junior ISA for parents with a disabled child who are thinking about the long-term future and whether it will be possible to access that money. So we are inhibiting the principle of saving altogether.
The right hon. Member for Kingston and Surbiton and my right hon. Friend the Member for Horsham made very good suggestions about a one-off order solution—I absolutely echo the case made there—and also about the DWP appointee scheme. The fact that we do that for benefits—as we have heard, those often account for much greater sums than the child trust fund—means that we should extend it. I also agree with the right hon. Member for Kingston and Surbiton about relieving the pressure on the Court of Protection.
The principle of child trust funds is such a good and important one in terms of the welfare model that we should have. The injustice that we have at the moment—the complexity of the system and the fact that there are so many dormant accounts—does not apply just to the families who know about the money that belongs to their disabled children and who want to access it; many millions of young people do not know that they have the right to this money—that it is, in fact, rightfully theirs. I understand that about 6 million young people have accounts, worth around £2,000 each, that they are unaware of, and it is estimated that around 1 million of those young people will come from deprived circumstances. What an enormous injustice it is that all that money is sitting there in Government accounts that they are not able to access! This has been described as malign neglect; it will not be deliberate—nobody is actively trying to prevent young people from accessing money that is rightfully theirs—but, nevertheless, for reasons we have heard about, disabled children and young people more widely are not being given access to money that is rightfully theirs.
I echo the point made by campaigners, including Gavin Oldham from the Share Foundation, about having a default withdrawal policy whereby the system knows the bank details of young people who are registered with HMRC. I understand that about 60% of young people with child trust fund accounts that they have not yet accessed could simply be given the money. That should happen; there would need to be communications and an information campaign around that, but it is the right thing to do, not least because it would stop the outrage of companies charging a 25% fee for the benefit of informing young people of the fact that they have this money. That, I think, is the future model.
As a country, we should be proud of the principle of child trust funds. A lot of people are increasingly thinking that we need to develop approaches around asset-based welfare. I noticed that David Willetts, a former colleague of ours, is proposing something similar—a capital sum granted to young people at coming of age—and Gavin Oldham has suggested that inheritance tax receipts should be used to invest in child trust funds for the future. I think that this is an old idea whose time has come, and I hope we can fix the immediate problems we have and then think more broadly about how to extend this model more widely.
(1 year, 2 months ago)
Commons ChamberI know that the hon. Gentleman cares passionately about joint enterprise, but I must tell him this: joint enterprise is the legal doctrine that means that the getaway driver is culpable, or that the person who supplies the firearm in a murder is held properly accountable and found guilty. Those are important tools that the Court of Appeal considered carefully in the case of Jogee. Getting rid of joint enterprise would mean that a lot of people who have helped or encouraged the commission of offences get away—in some cases, with murder.
I declare an interest as the founder and chairman of a charity that works in prisons. I very much support today’s announcement of an expansion of prison capacity and tagging, both of which are necessary and right. I understand that the Lord Chancellor was inspired by Texas prisons. I visited some Texan jails and saw that they are doing two things right. The first is sentencing, with tough justice ensuring that people get the sentences that they deserve. The second thing that they are doing in Texas to reduce the jail population is getting rehabilitation right and, crucially, relying on civil society—outside organisations get access to prisoners before they are released and then support them afterwards. I think that the Government are getting it right on sentencing, but does the Lord Chancellor agree that we need to do more on rehabilitation, particularly by involving civil society?
My hon. Friend is completely correct. We in this Chamber all know that the context for offending—not an excuse, but the context—can be deep-seated problems of addiction, homelessness, relationship breakdown and so on. One thing I am pleased about is that the Department of Health and Social Care is investing over half a billion pounds, with more than 1,600 additional staff, to ensure that drug treatment is available to those who need it. For our part, we in the Ministry of Justice have launched a pilot of three intensive supervision courts in the Teesside and Liverpool Crown courts to ensure that those whose offending behaviour is driven by substance misuse can get the treatment they need to get them off drugs and off the driver of their offences.
(1 year, 9 months ago)
General CommitteesI recognise the essential importance of rehabilitation. Does the hon. Lady agree that the opportunity to allow prisoners to spend longer on HDC as they approach the end of their sentence will aid their rehabilitation by enabling them to take part in community support outside prison?
If HDC is done properly, it can work well, but my concern is that this measure is being rushed through, without a properly thought-out process. I will talk a bit about the probation service and the challenges that it is already facing. This measure comes on top of that and will increase its workload further, which is why I have real concerns about how this will work in practice.
The probation service now faces severe staff shortages and unmanageable workloads, and morale is at rock bottom. All of that has led to a failure to monitor dangerous criminals, putting the public at risk. Meanwhile, we hear time and again of prisoners who have been released to sleep rough on the streets or drift back into drug abuse, making them more likely to commit further crimes. And what did we hear from the Government last week? They are forcing 5% of headquarters staff to move back to the frontline.
It is another sticking-plaster policy in response to 13 years of failure, and today’s proposals will likely add a further burden to an already overstretched probation service. They mean that officers will need to complete more HDC assessments, testing the suitability of the proposed release address and examining any previous behaviours by the prisoner on licence or bail. However, the chief inspector of probation recently detailed the current poor standard of risk assessments, with two thirds of those inspected being insufficient. If risk assessments are done quickly, there is a real danger that they will not be completed to the required standard and so the public may be at risk from those released.
We need assurances from the Minister today about what will be done to ensure that the probation service has the capacity to take on the sudden spike in cases from implementing this plan. How will the Government ensure that assessments are not rushed but are properly carried out? Can the Minister confirm that all those released early will have the same checks as they otherwise would have had, including home visits, checks on the proposed release address, and domestic abuse call-outs?
In conclusion, real harm is being done by the chaos in our criminal justice system.
(2 years ago)
Commons ChamberI will be brief: I completely agree with the purpose of this Bill and will be supporting it, but I want to speak briefly in recognition of the great significance of LPAs. I quote from Stephanie Boyce, the President of the Law Society, who has said:
“LPAs are arguably one of the most important legal documents that a person will make because they delegate such wide-reaching powers over their life…the consequence of an attorney making a poor decision could result in the loss of all their assets, being put into a care home against their current or past wishes, or even their premature death”.
It is death that is on my mind, because of my role as chair of the all-party parliamentary group for dying well, which campaigns against a law for assisted dying in this country. The problem of elder abuse is sadly endemic in our society, and I am afraid that ensuring that we get the signature or the verbal assent of an elderly person is not always enough to protect their interests. We must always hold to the essential dignity of a person in old age. The more dependent they are, the more dignity they need.
I spoke yesterday about my concerns about the drift towards a cashless society. We are moving towards a paperless society as well. That may well be a good thing for older people, but it can also become more bewildering and expose us to greater potential for abuse. I think we need a grand review of the effects of digitalisation in our society, on our communities, on vulnerable people and on liberty.
(2 years, 5 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
It is an honour to serve under you, Sir Roger, and I welcome the debate. I should declare that I am chair of the all-party parliamentary group for dying well.
Let me start by saying how much I recognise the good faith, integrity and powerful arguments of the hon. Member for Gower (Tonia Antoniazzi), all hon. Members speaking in support of the petition and all the campaigners who support it. I recognise the extreme distress and anxiety felt by families who have been through the agonising death of a loved one who experienced suffering that no human being should go through. I will address the issue of bad deaths in a moment, but first I want to look at the implications of assisted dying as I see them, and what would happen if we did it in this country, based on our experience and that of other countries.
I do not have a suite of powerful personal stories, although I recognise the enormous moral value of them all; I invoke the nameless and numberless people who will be affected if we introduce this law. The main argument for assisted dying is the simple one of autonomy. I think a lot of the support for assisted dying comes from the simple and natural resentment that anybody should try to stop people doing what they want, especially about something as important as this—literally a matter of life and death. But in this case, things are the other way around for many people. In my view, we need to keep assisted dying illegal because, as a matter of practical fact, for many people, it would narrow their autonomy. It would reduce their freedom substantially, because it would put them on a path with only one destination. That is because of the incentives that assisted dying would introduce.
The first incentive would be in our healthcare system. The simple, blunt fact is that it is cheaper for the system to help people end their life early than to care for them for weeks, months or years. That is not an argument we hear for assisted dying, but it is compelling. The cat was let out of the bag rather when the Member of the Scottish Parliament who is trying to legalise assisted dying in Scotland cited research from Canada showing that the health service there has saved hundreds of millions of dollars in care costs. We see, in contraction to a point made by the hon. Member for Gower, that where assisted dying is introduced, investment in palliative care stalls or recedes in comparison with countries where assisted dying is illegal.
Meanwhile, in Oregon, we see people being refused palliative care on cost grounds and then choosing assisted dying because there is no other option. I know we pretend that we do not have rationing in the NHS, but obviously, with finite resources, we do. Do we really imagine that assisted dying will not become an option that doctors and medical managers will not tacitly—even unintentionally—encourage?
My hon. Friend is making some very interesting points, although I am on the other side of the argument. With such controversial issues, we tend to point to facts on either side of the argument. Would it not be sensible to have an independent inquiry, by the Health and Social Care Committee or otherwise, to look at the points that he raises and the points that others would raise on the other side of the argument?
I recognise the force of that point, but the fact is that Parliament has debated the topic repeatedly over the last 20 years. We have devoted considerable hours of parliamentary time to it already.
We had the opportunity to vote on the matter in 2015, but that was a great many years ago and many people who are Members of Parliament today were not present. Does my hon. Friend agree that “repeatedly” was perhaps the wrong word to use in that context?
As I understand it, we have had 14 hours of parliamentary time devoted to the topic in this Parliament alone. I suggest that there are other topics that we could address. I recognise that assisted dying is worth discussing, but there is something that we should do first, before we consider it. I will come to that point in a moment.
Members who think we can prevent people from being put on the pathway to assisted dying by good drafting, or because doctors are good people—obviously, they are—should think about the “do not resuscitate” scandal we had during the pandemic, and about the Liverpool care pathway, and then suggest there is no risk. I think there is a risk. I know that doctors are good people who want the best, but if we force them to make utilitarian decisions about the best use of resources, will they not push people in this direction?
As well as the pressure on the healthcare system to take this route, I worry even more about the pressure on patients themselves to request assisted dying if it is an option. It will be an option for almost everybody approaching death—that is the proposal. Clinical guidelines for many terminal or chronic illnesses will likely require doctors, at an early stage of planning treatment, to ask patients whether they would wish to have assistance in taking their own life. What a question to ask. Whatever the guidelines, every family will be required to have the conversation, in whispers or openly. In some families, we know how that conversation could all too likely go.
Over half the people in countries where assisted dying is legal choose it because they feel they are a burden to their family. Tragically, a lot also say that they are lonely. Is that not terrible—people getting the state to help kill them because they do not want to be a burden on a family that never visits them? Talk to any hospice manager about relatives and they will quietly confirm it. There are a lot of people who want granny or grandpa to hurry up and die.
The hon. Member is making a number of points. Like the hon. Member for Thirsk and Malton (Kevin Hollinrake), I am on the other side of the debate. Is it not the case that many of the people who are being characterised as wanting granny or grandpa to hurry up and die, are in fact simply wanting their pain to end, and want a compassionate way to bring that to an end? They do not want them to die; wanting them to die is the furthest thing from their mind. However, they are going to have to die, and they want to make it a better death.
I really do thank the hon. Lady for that intervention. She is absolutely right, and I thank her for allowing me to make it abundantly clear what I hope I made clear earlier: I recognise the enormous power of the campaign, and that the overwhelming majority of people want it for the best of intentions. All of the people campaigning for this, and the overwhelming majority of the people who imagine making use of this law, do so for the absolute best of intentions. Please can we not have a deliberate misunderstanding of the points I make? I represent a lot of people who think this way, and I am making the point in all sincerity.
I challenge Members, many of whom must visit their hospices and know what is acknowledged as the fact of elder abuse. Tragically, we have a rising epidemic of elder abuse in this country. Half of elderly people who are victims of financial crime are victimised by their own adult children. It is not just the elderly we need to be concerned about. It is no surprise that no disabled organisation supports the proposal. It is the most vulnerable people, who by definition rely on the support of other people—their families and professionals—who are most at risk of assisted dying laws being misapplied, which is what I fear would happen. Suddenly, every controlling and coercive relative, every avaricious carer or neighbour, every overstretched or under-resourced doctor or hospital manager would have the means to cut their cost, and I do not believe it is possible to design out the risks.
My hon. Friend is making a compelling case. We have heard a lot about quality of life, but who are we to judge what a quality life really is? Is someone who is profoundly disabled without quality? Is someone with profound learning difficulties without quality? Why do we assume that the only lives worth living are those that are perfect or of high quality in the eyes of others?
Yes, I think there is a lot in that. As Health Secretary, I met people on both sides of the argument. I admire so much those who give palliative care. I took the opportunity to put more funding into palliative care, although I also support the mixed model of funding because I think that the funds raised through voluntary efforts and philanthropy are important—I have raised money for my brilliant local hospice, St Nicholas Hospice in Bury St Edmunds. But the truth is that even the best palliative care in the world cannot stop the deep pain and trauma that comes with some diseases, especially but not only cancers, at the end of life. Medicine simply cannot stop the pain in every case.
As Health Secretary, I also heard from supporters of change. I want briefly to mention two examples. The first is Sir Paul Cosford, the former medical director of Public Health England—my hon. Friend the Member for Winchester (Steve Brine) will have worked with him—who gave enormous and great service during the pandemic. Everybody in this Chamber will have heard him on Radio 4. What most people will not know is that he was living with cancer for the entirety of the pandemic. The work from home provisions allowed him to keep serving right up until very shortly before his death. A month before his death, he asked for some time with me, one on one, and he explained to me that he was nearing the end. As a doctor, he had seen many, many patients go through what he was about to go through, and he did not want to go through that. He said to me, “The end, when it comes for me, will be brief, but others do not have that choice.” He asked me this question: “Would you want the choice of how to die?” I ask everyone in the Chamber that same question.
As a local MP, I was honoured six weeks ago to meet David Minns, who has terminal myeloma. He told me a heart-rending story about how he saw in recent years his daughter die of a very painful cancer without successful pain mitigation, and he does not want to go through that. Nor does he want to go to Switzerland; he is a proud, patriotic man. He could potentially live longer if he knew that he could be assisted in his death, as we have heard from so many others.
Nine countries now allow assisted dying in a highly specific form. There are reasonable arguments on both sides, so there are constraints in place. We can learn from the experience overseas. There are countries with our common law tradition and parts of this United Kingdom that are considering assisted dying.
Does my right hon. Friend not acknowledge that in every single country where measures such as assisted dying, assisted suicide or euthanasia have been introduced, there is only one direction of change, which is towards more progressive liberalisation of the law? It always goes towards more liberalisation, including in Canada, where euthanasia is now being proposed.
I heard that argument, so I looked into it. In Oregon, for instance, which is the originator of the proposals that many people support, that is simply not the case. There was one change made many years ago and the law has now rested. There is essentially agreement about it.
I cannot see how the Minister can argue for anything other than an informed, compassionate debate on the Floor of the House. For 50 years we have had a legal choice over who to love. For a decade we have had a legal choice over who we can marry. Let us have an informed debate about, when the end is inevitable and the pain insufferable, how we die.
I have not seen the polls that the right hon. Member refers to, but I think it is the case that all the major organisations representing disabled people in the UK oppose this change in the interests of their members.
There are good and compassionate arguments—we have heard a number of them—in favour of the change that the petition calls for. I do not agree with those arguments, but let us be clear that they are not the only arguments for the change. In some minds, they are clearly not the decisive arguments either. As we have been told, in some countries where the change has been made, it is explicitly about saving the health service money.
My party introduced the national health service, which is our proudest achievement. It needs to be adequately funded. The fact that it is not being adequately funded at the moment must not become an excuse for giving up and accepting that painful deaths are unavoidable. Instead, as all right hon. and hon. Members have agreed so far in the debate, we need to invest in palliative care, where there have been big advances and where there could be many more, and to ensure that adequate care is provided to everybody who needs it.
I agree with the organisation Care Not Killing that we want
“a funded policy for comprehensive hospice, community and hospital specialist palliative care services across the country with a duty placed on NHS trusts to ensure these services are made available to all who need them.”
I visited my local children’s hospice on Saturday—we have heard from a number of Members who have made such visits—and it had a fête to raise funds, because it is struggling for cash. In my view, it should not have to do that.
“In Place of Fear” was how Nye Bevan summed up what had been achieved in founding the NHS. Let us not give up now and decide that we can no longer afford the relief from fear that he rightly promised.
I cannot give way again.
We should renew our determination not to impose fear and an awful moral dilemma on frail and conscientious elderly people approaching the end of their lives, and insist on modern palliative care for those who need it and a properly funded health service that supports living.
I not only do not accept that; I find it the most appalling scaremongering. I have never met a GP who I do not think has a duty to their patients. They may vary in their competence and skills, but in their duty to their patients there is a very honourable tradition among general practitioners, and indeed the whole of the medical profession in this country. To throw such comments into this debate is not helpful to the right hon. Gentleman’s own side, let alone anyone else’s.
It is right that recently, under the former Health Secretary, the right hon. Member for West Suffolk (Matt Hancock), who spoke earlier, the Government undertook research, but they have so far not found the time or resource for a proper investigation and debate, potentially leading to legislation. I am a supporter of good local palliative care, and for several years I have been fighting to retain it for my constituents against attempts to restrict it. We should strive to provide the very best palliative care to all those who are nearing the end of their lives. For many families, palliative care and respite care for family members is essential, but in order to offer the very best palliative care, we need the tools, the people and the money to sustain it.
My hon. Friend the Member for Ilford North (Wes Streeting) has recently spoken about Labour’s plan for a national care service. To offer people real dignity in dying, we need a focused approach to care and end-of-life care, which a national care service could provide. Pembridge Hospice and Palliative Care in North Kensington served my constituents for many years until, several years ago, the in-patient unit was closed because it could not recruit a consultant. That is where we should look for problems. Assisted dying is not an alternative to palliative care; the two complement each other.
Does the hon. Gentleman acknowledge that the Health and Care Act 2022 included the amendment proposed by my noble Friend Baroness Finlay of Llandaff to ensure that palliative care becomes a commissioned service in the NHS for the first time in its history? Does he welcome that?
I heard that from one of the hon. Gentleman’s colleagues earlier and I absolutely welcome it. However, as I said, we need not only a policy commitment but funding—and that includes workforce planning, because palliative care consultants are in short supply.
This should not be a debate only between different attitudes, religious practices or medical treatments; it should be a debate about ensuring that the needs of the terminally ill are met in the most appropriate and compassionate way. I understand the strongly held views of those who oppose assisted dying, but I am a firm believer in freedom of choice and bodily autonomy—issues that have come to the fore in the wake of the reversal of Roe v. Wade, and not just in the US. This is a matter of conscience. It is one of the most sensitive that we have to deal with, but we must not shirk our responsibility on those grounds.
I agree with the petitioners’ request for the Government to grant the means to debate and, if there is the will in Parliament, to reform the law in the interests of those who find themselves at the end of their life and in a perilous position. Whatever our difference of opinion here, we all agree that those nearing the end of their life deserve our compassion. There is more that we can do, not just in the debate on assisted dying, but in how we care for those who are terminally ill.
As the world changes around us, we cannot stand still. We have a duty to bring this matter before Parliament again and allow it to decide. How we begin that process is down to the Government. I hope the Minister agrees that, if the necessary time is made available in Parliament, we should be able to debate, vote and, if there is the will, legislate on this issue. It would be perverse if Scotland, Jersey and the Isle of Man had legislated on this matter before we have even had a chance to discuss it in a meaningful way. This has been a very good and measured debate, but the next stage must be to allow the voices of our constituents, which are very strong on this matter, to be heard—not just this in Chamber, but the main Chamber, and therefore through legislation.
(3 years, 3 months ago)
Commons ChamberI remind the Minister that the courtroom in Chorley is still available—it is back up for sale.
I thank my hon. Friend for his question and for his interest and input in this area. I welcome the findings and recommendations of Richard Oldfield’s report, and in particular his primary conclusion that we should do more to encourage the participation of smaller organisations in the delivery of rehabilitation services. We are looking at how we can use more grants rather than contracts where it is appropriate to do so as well as how to simplify the qualification process and bidding process for the dynamic framework.
I declare that I am the founder and chairman of a small charity working in prisons and probation. I am grateful to my right hon. and learned Friend for that answer. I congratulate Richard Oldfield on his report and the Minister on commissioning it. I am pleased to hear about the progress being made. Does the Minister agree that we need a culture change across the justice system, with managers and commissioners being prepared to trust the small community-based organisations that can deliver such good value, and that that entails having a bolder attitude to risk?
I completely agree with my hon. Friend. It is really important that local community services deliver rehabilitative services in the communities that they serve and we are trying to ensure that culture change. Of the 26 organisations delivering rehabilitative services in the unified model, 23 are voluntary and community sector organisations, but we will do more to ensure that those small community organisations deliver services for us.
(3 years, 9 months ago)
Commons ChamberI am delighted to speak in support of this Bill. I particularly welcome the balance it strikes on sentencing, with longer sentences for the most serious offenders but smarter justice, including more community punishments, for young offenders. Having worked for 10 years with prisoners and young offenders, I know that this is the right balance, and that the Bill will be welcomed by my constituents and across the country.
That is why I am so disappointed by the stance taken by the Labour party. It is understandable to object to aspects of the Bill, it is right for the Opposition to challenge the Government on civil liberties and police powers, and it is understandable to see whether this Bill can be amended to include more protections for women and girls, but for the Opposition to say that they will vote against the whole Bill at this early stage—to vote against the aims and principles of the Bill—is to try to make such amendments impossible. It is also blatantly opportunistic. They had no such in-principle objections last week; there was no sense that the clauses on protests or street safety, or the relative number of mentions of women and statues, were so bad that the whole Bill had to be rejected. Last week, the Opposition were just planning to abstain on Second Reading. That in itself was pretty craven and showed Labour’s weak commitment to law and order, but now they have been blown off the fence and blown into voting against the whole Bill. They faced a test this week: would the party, under its new leader, stand for law and order, or would it stand for gestures? It faced that test and failed it, and the public will notice.
Of course it is right that we use this occasion to discuss the abuse and misogyny that women suffer every day in this country. Some of this abuse is already illegal, but all of it must be deprecated in the strongest terms, because all of it has its root in male disrespect of women. This is not a modern phenomenon. I am afraid to say that it is as old as time and it is written on almost every page of human history. But something else is written in our history too: the attempts by society to contain male violence and male disrespect.
Our culture historically taught men that they had a duty to honour and protect women. It is a difficult thing to say, because it may appear that I want to turn back the clock to a time when men chivalrously protected the weaker sex, but of course, as I have said, that is not how it always was in the old days, and even if it had been, we do not accept the idea that women need protection by men; they just need men to behave themselves. So let me say emphatically that I do not want to turn back the clock; however, we do need to face the fact that our modern culture has not delivered all the progress it was supposed to. I wonder whether that is because our modern culture has a problem with telling people how to behave—it has a problem with society having a moral framework at all.
It is right that we are having this debate, and I hope we get to a better place because of it, because the key thing is that all the laws in the world will not stop violence against women and will not stop sexism if our culture is not right. We need boys to grow up secure in themselves, with good role models and an innate sense of respect for other people. That means stronger families and more supportive communities.
(3 years, 10 months ago)
Commons ChamberWe are committed to cutting crime and reducing reoffending. A total of 80% of people in our prisons have reoffended, so if we want to cut crime we absolutely need to stop reoffending. In the past two weeks, we have announced a transformative cross-governmental package to address the underlying causes of reoffending: £80 million to increase the number of drug treatment places for prison leavers; and £70 million investment to cut reoffending by supporting people from prison into accommodation.
The measures to which my hon. Friend refers—those which his prospective candidate is interested in—are exactly the measures that we are rolling out. We are looking at shortly rolling out tags for persistent offenders, and expanding and refreshing our integrated offender management tools to ensure that the police crack down on neighbourhood crime.
I declare an interest as the founder and chairman of a prisoner rehabilitation charity. I very much welcome the announcement of a new package to support the reduction in reoffending that my hon. and learned Friend just mentioned. Does she agree that the dynamic framework for probation contracts should have an explicit objective of enabling small frontline charities and social enterprises to play a full role, with full cost recovery, in the delivery of rehabilitation services?
I do agree, and I commend my hon. Friend for the work that he did before he came to Parliament to support youths at risk of reoffending. He will be interested to know that of the 221 organisations that qualified for the dynamic framework, nearly 80% are voluntary sector or community organisations. So far, we have awarded 17 contracts, four of which have been awarded to the voluntary sector or community organisations, but we hope to build on this. We expect the proportion of awards in those sectors to increase in the next round, because 70% of the personal wellbeing bids and 100% of the women’s services contracts have come from organisations in those sectors. As I have discussed with him, we are also conducting a review of the first stages of the competition to ensure that we maximise those sectors’ participation in future competitions.
(4 years, 6 months ago)
Commons ChamberI accept the virtue of this Bill on its own terms. The Lord Chancellor has said that the Bill is concerned only with divorce, and if we are concerned only to make divorce smoother and less painful, I accept the Government’s case. However, I do not judge the Bill just on its own terms. It is not just about divorce, it is about marriage, and that is the crucial difference that I have with the Government.
What will this Bill do? Its practical effect is simply that couples will not have to wait for two years for a no-fault divorce, but will have to wait for only six months. I can appreciate that two years must feel like an eternity for someone who wants to move on with their life, but I suggest that the damage done to society and future generations by this Bill will be far greater than the distress of some people waiting 18 months longer, because what is really proposed is not just the speeding up of no-fault divorce, but the effective abolition of the marriage vow.
What is the difference between marriage and any other romantic relationship? It is this: people promise, in front of their friends and family and in a legally binding commitment, not to walk out. That is basically what it is, and it is an enormous promise. It is why the wedding service has these portentous words: marriage is
“a solemn, public and life-long covenant…No one should enter into it lightly or”
unadvisedly but reverently and soberly. This Bill proposes to abolish all of that—centuries upon centuries of precedent, upon which our society has been built—to say instead that the vows do not have to be kept; that it is not solemn, public and lifelong, but trivial, private and as long or short as people want it.
At the moment, a marriage can end only when the facts—the word “facts” is in our current law—show that the marriage is really over, either because of fault or a separation of at least two years.
If it is six months in 2020, is the hon. Gentleman concerned that in 2025 or 2030 it could be a handful of months?
The hon. Gentleman makes a good point. Indeed, there is already provision in the Bill to reduce the six months in exceptional circumstances, and we know where that could tend in future.
The reliance on objective facts is now being abolished in favour of a subjective declaration that one party wants out of the marriage, and that effectively means that the vows made at the beginning have no legal force and no moral value. That is why the Bill is about more than divorce.
Much has been made of the hypocrisy that fault-based divorce involves, with people claiming all sorts of things to prove the breakdown, but in trying to remove hypocrisy at the end of the marriage, we are introducing hypocrisy at the start. In the attempt to improve the integrity of the law, the Government are undermining the integrity of marriage.
I fear that this Bill is a great surrender. There were other ways to achieve the ends that the Government seek, namely to let people move on with their lives sooner than two years. We could have judicial separation after six months, so that people can settle their affairs before a divorce, including moving out of the family home. We could have the Scottish system, which is the same as ours, but with shorter periods—one-year separation for no-fault divorce by consent, two years for unilateral divorce. If we really want to reduce the conflict at the end of marriages, we should reform the law around financial provisions, as one of my hon. Friends said earlier, and improve child custody arrangements. These are really the sources of conflict, not the terms of the divorce.
All that said, I accept that this Bill is going to pass, although I hope the Government will consider some changes. They include extending the notification period from six months to 12 months; only starting that period once both parties are aware of it; making the declaration of irretrievable breakdown come at the end, not the beginning of the notification period, so that it is a meaningful period in which people can change their mind and reconciliation can be effected; and, to that end, agreeing proper funding of family hubs and couple counselling, which hon. Members have raised, including once an application has been made, because, contrary to myth, counselling can be effective, even at this late stage. I appreciate that the Bill reflects changing attitudes to marriage. I regret those changing attitudes, and I think my right hon. and learned Friend regrets them. Indeed, I think everybody does. In this place we need to lead the culture, not to follow. I hope that Ministers will reflect on the cultural effect of the Bill and think again.