(10 years, 7 months ago)
Grand CommitteeMy Lords, I start by thanking the noble Baroness for securing this debate. She will forgive me if, for reasons of time, I am not more fulsome in those thanks. I also thank the staff of the Library, who have produced a very helpful briefing note.
Debates on abortion are fairly rare, for the obvious reason that they are seldom debates. Discussion is polarised between those who regard abortion as a form of retrospective birth control and those on the other side who regard it as a form of anticipatory infanticide—and never the two find common ground. I hope that today might be an exception, because I think we are all united that abortion for gender selection reasons is wrong—the question is what we do about it. The noble Baroness has already quoted the noble Earl, Lord Howe, and Ministers in the other place, and it is clear that the Department of Health has echoed that point of view. In fairness to the former Director of Public Prosecutions, who has so far refused to prosecute anyone, it is worth while quoting what he says in defence of the department:
“I am bound to observe that the limited medical guidance; the approach apparently endorsed by the HAS/1 form that an abortion can be performed without either medical practitioner having actual direct contact with the woman requesting an abortion; and the past practice of pre-signing HAS/1 forms present real difficulties in bringing a prosecution of doctors for failing to carry out a sufficiently robust risk assessment of their patients in cases such as these. Whether the current arrangements should be altered or tightened is, of course, a matter for others”.
I hope that we will discuss today how we can address those legitimate points raised by the DPP. It would be helpful if the Minister would indicate that the practice of pre-signing forms will be outlawed from now on, and confirm the figures as regards doctors actually seeing a patient before signing an abortion form. Questions on this issue were asked in the House of Commons by Sir Edward Leigh in successive months—I think on 13 January and 13 February. On one occasion he was told that only 46% of doctors had seen the patient in these circumstances. He was subsequently told that the Government did not have the figures because they were not available. Will the Minister clarify whether the figures are available?
I hope we are all in agreement that the real problem is that Section 1(1)(a) is so widely drafted that it permits abortion on demand. That was certainly not what the promoters of the 1967 Act wanted. However, on the other hand, some Members of the House of Lords may want that now, in which case I hope they will bring forward legislation and introduce that measure by the front door, not the back door.
I remind noble Lords that this is a time-limited debate and that all speeches should be limited to two minutes.
(10 years, 8 months ago)
Grand CommitteeMy Lords, I apologise for arriving late. If it is the Minister’s feeling that I should not continue, having missed a very large part of the opening speech, which I bitterly regret, I will sit down.
It is the normal convention to hear the person who is moving the Motion, so I think my noble friend knows my advice in the matter. It is really a matter for her to consider.
I will go on. I will focus on suicide among young people in the criminal justice system. They are the most disadvantaged and damaged in our society, with enormous mental health needs while being in the care of the state—our care. We lack adequate skills to recognise and understand the degree of the vulnerability of many of these young people, with the result that, since 2000, 282 children and young people have committed suicide while in custody. Untold numbers of others have tried but did not succeed.
One example is that of a 19-year-old girl with no previous convictions and a long history of self-harm who set fire to her mattress as an act of self-harm and was remanded in custody for arson with intent to endanger life—her own. She was recognised as having a personality disorder but could not be sectioned because she was deemed to be untreatable, so she continued to self-harm until she strangled herself to death. Meanwhile, her twin sister, also a self-harmer, found appropriate support in a therapeutic community.
Prison staff greatly need training and skills to understand better the needs of this very vulnerable group, but so do the Government, as their plans demonstrate. Hence, although restraint is now understood to be hugely distressing for these children, future plans, under the new Criminal Justice and Courts Bill, will allow restraint to be used by prison officers if their orders are not followed. Places at secure children’s homes—the one source of real security—are now going to be reduced by 17%, and fortified schools will cater for children who offend. A huge secure training college taking 320 young offenders—the antithesis of what these children need—is being planned. Young people over the age of 18, who are indeed just as needy and immature, will be left only the option of prison. Vulnerability is an explicit element in remand decisions in the court but not, amazingly, when it comes to sentencing, apart from mitigation if imprisonment is being considered. Crucially, sentencers too must be made more aware of what provision is locally available to them and what is appropriate for children in such desperate straits.
I am delighted that there is going to be an independent review into deaths in custody, chaired by the noble Lord, Lord Harris of Haringey. It must include children as well as those over 18 if they are to have a chance. Children’s lives depend on our getting plans for them right. Prison is for the most violent, dangerous and prolific offenders in society, not vulnerable children who are at risk of taking their own lives.