European Union (Withdrawal) Bill

Debate between Lord Judd and Baroness Meacher

Committee: 4th sitting (Hansard - continued): House of Lords
Monday 5th March 2018 Lords Chamber

[Lord Judd (Lab)]

My Lords, I rise to support these amendments very strongly. One of the sadnesses of recent social and political history in Britain is that although this country won immense respect at the time when the convention was being drafted, it has never been fully incorporated into our law. That applies to successive political Administrations. Now, with Brexit, this is being thrown into strong relief. Incidentally, I am very glad to see that those who are speaking to these amendments have emphasised how this illustrates why the charter matters and how we have been wrong to treat it so lightly.

I want simply to say this: we were champions in the drafting, introduction and birth of the convention. Whatever happens on Brexit, we must take the opportunity presented to us by these amendments to ensure that what is enshrined in the convention is made in every way absolutely fundamental to the policy and the work of any future Administration.

[Baroness Meacher (CB)]

My Lords, I rise to speak to speak to Amendments 68, 97 and 158, all of which would ensure that following our departure from the EU, children’s rights will continue to be given due regard. The Government have claimed that the Bill will ensure continuity—in fact, a number of noble Lords think that is correct—and that there will be no legislative cliff-edge if or when we leave the EU.

However, whether by accident or by design, there is a gaping children’s rights hole in the Bill. These amendments would not introduce any new policy or extend provision; rather, they require only that where EU legislation has been developed in line with the principles of the UNCRC, new UK law or amendments to retained EU law will also pay due regard to the UNCRC. The Government have argued in previous debates that children’s rights are fully protected in UK law. I will clarify that this is not actually so and I want to pay tribute to the Children’s Society and a number of academics who have enabled me to do this. The Government argue that, for example, the Human Rights Act 1998 incorporates the ECHR into UK law and does the job of protecting children’s rights. However, that ignores the fact that the ECHR is confined principally to civil and political rights, while remaining relatively silent on a range of social and economic rights that form the substance of EU law. There are further problems in relation to the process of bringing a claim for an alleged breach of ECHR rights.

The Children Act 1989 provides important protections for children in both public and private proceedings, but it does not regulate the full range of children’s rights that are covered by EU law such as consumer protection, health and safety, and non-discrimination; other speakers have mentioned one or two of these. It also does not cover the cross- border recognition and enforcement of family orders which are currently regulated by Brussels I and II. Furthermore, the Children Act 1989 is often interpreted narrowly, to the detriment of the fuller range of rights set out in the UNCRC. A crucial example, as the noble Baroness, Lady Massey, said, is the right of a child to be heard following abduction before a return order is made. The crucial question is, does the child wish to be returned? It is pretty desperate if they do not, and they will not be able to make their wishes known, as I understand it, even if they are of an age and maturity to make that appropriate. The Children Act 2004 places obligations on local authorities but does not extend those to immigration authorities or commercial or private entities to whom public authorities have contracted out aspects of their children’s services. These days, of course, much of that work is contracted out.

The Equality Act 2010 provides a number of protections for children and young people. However, it does not cover many of the issues that are a real worry for children, post Brexit. For example, it does not promote the need for public agencies to act in the best interests of the child as a top priority in the way the UNCRC does, which the EU implements. The Immigration Act 2016 proposes to withdraw leaving care support from unaccompanied young people at age 18, as has been mentioned, if they do not have leave to remain or are not asylum seekers. A lot of these kids probably do not have the knowledge and information they need to be in a position to claim those rights. There is therefore a human rights issue here, for which there is no provision in UK law. The Modern Slavery Act 2015 provides good protection for young people. However, the removal of Section 32 of the EU charter following Brexit will weaken protection against child labour. It will leave weak obligations on business in this area. Also, the EU trafficking directive includes requirements to have regard to the children’s best interests and to consider the long-term outcomes for children. These are absent from the Modern Slavery Act, wonderful though that Act is.

At an EU level, the rights of the child are currently guaranteed by Article 24 of the charter and are one of the fundamental rights mentioned explicitly in the commission’s strategy. They are thus included in the regular fundamental rights check, which the commission applies to relevant draft EU legislation. These safeguards will not apply to new UK laws or amendments to retained EU law. If, or when, we leave the European Union, we will thus need to correct the statute book and legislate for the future in areas of previous EU competency, such as matters relating to justice, specific areas of social policy, consumer protection and research and development. Across the UK, the range of issues where children could be exposed also covers data protection, paediatric medicine clinical trials, food labelling, television advertising, the rights of migrant children to access education and healthcare and, importantly, cross-border family law, as others have mentioned.

In conclusion, I do not believe that these gaps in UK law are the Government’s intention, but an oversight that can and should be corrected between Committee and Report. Does the Minister agree that if this Bill is about providing “certainty and continuity” for people—as the noble Baroness, Lady Evans of Bowes Park, said at Second Reading—it is only right that the Government provide certainty and continuity for children also? I would be grateful for an assurance from the Minister that he will take these matters back to the department for consideration before Report. Also, it would be helpful if children’s rights could be included on an agenda for a briefing session on the Bill with Ministers in the next few weeks.

Police Reform and Social Responsibility Bill

Debate between Lord Judd and Baroness Meacher

Thursday 14th July 2011 Lords Chamber

[Baroness Meacher]

I rise to move Amendment 307ZB and to speak to Amendments 307ZC and 307ZE, which together seek to provide some flexibility for the Government in deciding how best to regulate the use and supply of so-called legal highs. The noble Lord, Lord Norton, has asked me to inform the House that he had requested the Public Bill Office to add his name to these amendments, and the absence of his name from the Marshalled List is purely an administrative error. These amendments are similar, although not identical, to those tabled in Committee. They now refer to the medicines Acts, consumer protection and advertising standards legislation, all of which provide legislative frameworks within which it would be possible for legal highs to be controlled.

As the Minister knows, I am not seeking to tie the hands of the Government—quite the opposite. A great deal of work needs to be done, and indeed is being done, to explore the best ways to control these substances. What I am seeking is flexibility in this legislation so that when the analysis of the various legislative frameworks and their potential application in this field has been completed, the controls could be put in place without waiting for further legislation. We all know how long that can take.

I am anxious that the Government avoid a repeat of the mistakes of the past. In Committee, I set out briefly the appalling consequences of the war on drugs, which has been pursued by this country and across the world for 50 years. From the Global Commission on Drug Policy report, we know that a rapidly growing number of highly respected world leaders and opinion formers now recognise that we need to end the criminalisation of young people and focus on evidence-based, health-oriented policies. The amendments are consistent with the growing policy consensus across the globe.

On the thrust of my amendments, we know that some of the substances referred to as legal highs are potentially very dangerous to the health of young people. We also suspect that other substances may be less dangerous than cigarettes and alcohol. It would be most unhelpful if these substances were to be dealt with in the same way. It would be particularly unhelpful if they were dealt with under the Misuse of Drugs Act 1971, which, as your Lordships know, criminalises users as well as suppliers. As the Bill stands, that is the assumption, albeit that under the temporary ban in the initial stages users will not be targeted. The assumption is that, if these substances are brought under the Misuse of Drugs Act, users will inevitably be targeted over time, as they are under that Act in respect of other drugs.

I welcome the Government’s focus on treatment of problem drug use. This focus makes it clear that the Government accept that it is a health problem—certainly, drug abuse is. On this assumption, the priority for us all in developing drugs policy is to try to ensure that young people avoid the substances and the associated health problems if at all possible. This means having clear messages about the relative risk of different substances and the provision of health treatment as well as social support for all those who need it.

I welcomed the Minister’s comments on the amendment of the noble Baroness, Lady Finlay, where she talked about the importance of a rounded and holistic approach to drug addiction. The Minister referred to different departments being brought together to provide that support. As the Minister knows, I have drawn attention to the Swiss model, which, instead of trying to get a whole lot of different departments to work together, which we know is extraordinarily difficult, brings all those services under a single umbrella, providing an extraordinarily effective service—health and social support, benefits and the rest of it—so that they achieve a two-thirds success rate over 18 months.

As important as all that is the separation of the markets for these legal highs between the markets for the really dangerous substances and those for substances which are much less dangerous. That is the fundamental point of my amendment. If there is a single market and a single set of traffickers, young and vulnerable people move inevitably from one drug to another.

On giving clear messages about the relative risks of different drugs, we know that the classification system of the Misuse of Drugs Act does not work. When cannabis was moved from class B to class C and back again from class C to class B, the trends in the use of cannabis did not change very much—the fact is, young people do not really understand the classification system. By contrast, the tobacco controls have been really rather effective over time. Tobacco and alcohol are just two substances controlled outside the Misuse of Drugs Act. There is no reason why substances should be controlled under that legislation. Solvents are controlled through the Intoxicating Substances (Supply) Act; medicines legislation has been used in a number of countries for controlling methadrone—for example, in the Netherlands and Finland—and for controlling Spice in Austria.

The controls referred to in my amendments could allow the authorities to direct users towards relatively less harmful substances as substitutes for the much more harmful ones. They also provide an opportunity to introduce controls that are not feasible under the Misuse of Drugs Act, including age restrictions, controls on marketing and packaging and requirements that substances are sold with information on dosage levels and adverse effects. All of that would be extraordinarily helpful for vulnerable young people. Sale could be limited to a relatively small number of establishments, unlike the liberal policy we have for alcohol and tobacco.

Controls are not by any means the whole story; we want prevention, too. The best preventive measures include sensitive support in school, or in other venues where young people congregate, for children who are readily identified as underperforming, alienated and unhappy. These are the children at risk of being enticed into the taking of synthetic drugs and who, once enticed, will be vulnerable to a dependence on those drugs. If they fall into the drug addiction trap, the most destructive response to these vulnerable young children is to criminalise them. As they say, you can recover from drug addiction but you can never recover from a criminal conviction. With a criminal conviction, the child’s life is in pieces; family, friends, education and hope of employment are all in tatters. It is for these reasons that I implore the Minister to do all that she can to ensure that the regulation of legal highs is undertaken in such a way as to avoid criminalising children and young people if at all possible.

If we are now too late to take this action within the Bill, I would be greatly encouraged if the Minister could give the House her assurance that she will be asking her officials to begin work without delay on the necessary legislation to achieve these objectives. I beg to move.

[Lord Judd]

My Lords, I congratulate the noble Baroness on having brought back these amendments on Report. I hope the Minister will be able to give a sympathetic and positive response.

I was impressed by what the Minister said in a previous debate today—there was a great deal of personal conviction behind what she said—and her insistence on the importance of not only treatment but of cure. If that applies as a governing principle in the sphere of alcohol abuse and the much more serious social consequences that that has, why not have the same approach at the centre of the Government’s policy on drugs?

If we are to get the response to drugs right—the noble Baroness was right to emphasise this—two principles are absolutely essential. First, any action which is taken should be based not on emotion, instinct or control concern but on evidence-based outcomes of thorough research. Any moves or legislative arrangements that are not properly researched can do far more harm than good. That is the first point.

The second, absolutely crucial, point is the one made by the noble Baroness about criminalisation. One certain way to make it more difficult to rescue the young from drug addiction is this excessive tendency towards their criminalisation. We have to realise that it is not a soft approach but a hard-headed one. Very often drug addiction is a symptom of victimisation: the drug takers are often victims themselves in one way or another. I am greatly impressed by the increasing amount of research which is now being undertaken which suggests that the most important factor in leading young people and others into drug abuse is the environment, social conditions and so on of which they find themselves a part.

The Minister rightly referred to culture and about wanting to change it. I have a tremendous sense of awe at the responsibilities faced by the Home Office in so many spheres. Many good and dedicated people work in the Home Office but it would be right to adopt a cultural approach there which puts rehabilitation and not only control at the top of the agenda. I am afraid that the proposals in the Bill before us do not make it absolutely clear that the rehabilitation argument, and the resistance to taking action which drives people further into the problem, should prevail.