Assisted Dying Bill [HL]
Lord Rea Excerpts(9 years, 10 months ago)
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Lord Rea (Lab)
My Lords, I take a rather more optimistic view of the National Health Service than the noble Baroness. I speak as a retired GP who now supports the Bill.
Assistance in ending a life is of course rejected by the official voices of the medical profession. However, there are signs of change among the membership. All noble Lords will have received the letter from Sir Terence English—former president of the Royal College of Surgeons—and 26 other distinguished doctors. They are not satisfied with the current state of the law and back the provisions of the Bill. They feel, as I do, that this is a humane Bill.
The well known phrase based on the teachings of Hippocrates, which guides the work of doctors and nurses, and often quoted in French,
“guérir quelquefois, soulager souvent, consoler toujours”—
to cure sometimes, to relieve often, to comfort always—applies particularly at the end of life. However, some people, even if their pain is largely relieved by good palliative care—the best, of course, is excellent—still clearly and logically wish to end their life because its quality is so poor, with no end in sight. Of course, depression may play a part in this, as was pointed out by the noble Baroness, Lady O’Cathain. In some cases good medication and psychological support can sufficiently lift their pessimistic outlook, and of course efforts must be made to identify where that is the case. However, there remain others of sound mind, who are not clinically depressed and clearly and logically have decided that they have suffered enough and want to end it all.
I can understand why palliative care givers are very reluctant to accept that helping to end a life can, in a small minority of cases, be the ultimate and appropriate form of compassion. Judging by the Oregon experience, this minority amounts to 0.2% of deaths, which if applied to the UK would work out at some 1,000 deaths annually. These people would have died soon in any case, but often in pain and distress, not where and when they chose. The Bill would allow just that.
It is normal practice for your Lordships’ House to allow Private Members’ Bills to have a Second Reading. I hope the House will continue that tradition today.
Anti-social Behaviour, Crime and Policing Bill
Lord Rea Excerpts(10 years, 6 months ago)
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“( ) A person commits an offence under the law of England and Wales if he or she—
(a) is the parent or guardian of a child, and(b) gives consent for that child to marry before the age of 18.”
Lord Rea (Lab)
My Lords, I am moving this amendment because the noble Baroness, Lady Tonge, is in Addis Ababa attending a conference on women’s health in Africa. I wish to speak also to Amendment 12, which would apply the relevant law to Scotland. Amendments 8 and 12 in this group are small and in some ways run parallel to the amendments on forced marriage we have discussed. However, if accepted, they could transform the lives of many vulnerable 16 and 17 year-old girls.
These amendments arise from the findings of a report published last year entitled A Childhood Lost by the All-Party Parliamentary Group on Population, Development and Reproductive Health, of which the noble Baroness, Lady Tonge, is chair and I am a committee member. The report looks into the effects of child marriage in the UK and overseas and is based on a parliamentary hearing held to gather evidence on child marriage—its causes, consequences and ways to reduce or combat it.
Evidence came from a range of experts, including survivors of child marriage, representatives from UN and government agencies, academics, doctors and NGOs. Our witnesses testified that child marriage had many undesirable consequences. I will not run through the whole gamut but will give a few examples of those. It is associated with violence, rape and sexual abuse, resulting in emotional and psychological problems, desertion and divorce. It takes away opportunities for education—that is perhaps the most important consequence—undermines self-confidence and reaffirms gender stereotypes. It is associated with, and helps perpetuate, harmful traditional practices, including female genital mutilation and contributes to infant mortality and poor child development. There are more consequences. UNICEF says in its report The State of the World’s Children that an infant born to a mother under the age of 18 is 60% more likely to die in its first year of life than one born to a mother over the age of 19. Research from the International Centre for Research on Women found that girls who marry before the age of 18 are more likely to experience domestic violence and depression than those who marry later.
As many noble Lords have said, child marriage is a major problem in the developing world and we are increasingly seeing it here. In England and Wales, marriage under 16 is illegal, but between 16 and 18 it is permitted, providing there is parental consent, which is not required in Scotland. In some cultures, child marriage is virtually the norm and parents are likely not only to give consent, but to force marriage on girls who may not wish to marry yet go along with it. We heard earlier, from the noble and learned Baroness, Lady Scotland, and the noble Baroness, Lady Hamwee, about emotional blackmail. A major problem which has not been mentioned is that, as with female genital mutilation, girls are taken outside the UK to get married. This amendment does not cover extraterritorial marriage but, as with FGM, we hope that a way can be found to make this illegal.
I would be grateful if the noble Lord could put his mind to this. We would be grateful if the amendment could be adapted, before Report, to include extraterritorial child marriage or if the Government brought something forward. I will not press the amendment at this stage, but would welcome discussions with the Minister about this issue between now and Report. Meanwhile, I beg to move.
Lord Ahmad of Wimbledon
I shall merely rise to reply, not rise to the challenge.
As noble Lords know, in England and Wales it is possible to marry from the age of 16, with parental consent, and from 18 without consent. The consequence of Amendment 8 would therefore be to make it impossible for a 16 or 17-year old to marry. While I understand my noble friend’s concerns, I do not believe this amendment is necessary because the law already provides adequate safeguards for children entering into marriages.
In England and Wales the provisions for the age at which a child can marry are contained in the Marriage Act 1949 and the Matrimonial Causes Act 1973. Section 2 of the Marriage Act 1949 and Section 11 of the Matrimonial Causes Act 1973 provide that any marriage, whether civil or religious, conducted in England and Wales, where either party is under the age of 16, would not be a valid marriage. If a marriage is solemnized and either or both of the parties is under the age of 16 that marriage will be void. For a child aged 16 or 17 to marry, the law requires the consent of the child’s parents or guardians, unless the child is a widow or a widower. These provisions recognise that, while children of this age may have the maturity to enter into marriages, it is still necessary to ensure that they are afforded some level of protection in doing so.
The Government believe that the current provisions provide appropriate safeguards for children entering into marriages. We therefore do not consider it necessary to amend the age at which people can enter into a marriage. The noble Lord has referred to the UN Convention on the Rights of the Child but the convention does not address the issue of marriage. Accordingly the law relating to marriage, including the age at which a person can consent to marriage and can marry, is a matter for determination by the national law of those states, including the United Kingdom, that are a party to the convention.
My noble friend Lady Tonge is also understandably concerned, as we all are, about forced marriages. While I share her desire to do more to stamp out this abuse, the amendments as tabled are not the best way of doing this. We have just debated provisions to strengthen the law in respect of forced marriage, thereby making it a criminal offence to breach a forced marriage protection order and making it an offence to seek to force someone to marry. This is combined with a significant nationwide engagement programme and the work done by the Government’s Forced Marriage Unit to give direct support to victims and potential victims.
Amendment 12 to Clause 109 seeks to make identical provision in the case of Scotland. Marriage law is a devolved issue and Scotland has its own marriage laws. I therefore cannot comment on behalf of the Scottish Government. The noble Lord will be aware of the convention that the United Kingdom Parliament does not legislate on devolved matters in Scotland without the consent of the Scottish Parliament.
I take on board the noble Lord’s point about further discussions between stages of the Bill. I am always open to discussions on all these matters. As I said earlier, this is an important matter and this is about getting it right. If the noble Lord or my noble friend wishes to meet me I shall be delighted to do so. Based on that explanation, I hope that the noble Lord will be prepared to withdraw his amendment.
Drugs and Crime
Lord Rea Excerpts(13 years, 11 months ago)
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Lord Rea
My Lords, the noble Baroness, Lady Meacher, deserves double congratulations, both on bringing this important United Nations report to our notice and to the Government’s and, as she has described to us, on playing such a significant part in initiating the process that eventually led to its publication.
Its observations and recommendations are not revolutionary in themselves. Most of its points are already well known and understood by those, like myself, who have been involved in helping problem drug users. What is remarkable, as both the noble Baroness and the noble Lord, Lord Mancroft, have pointed out, is that this reasonable and humane paper has emanated from the UN Office on Drugs and Crime, a body that up to now has been on the draconian wing of the worldwide debate on drugs. This was thought to be largely due to the strong influence of the United States, with its tendency to use custodial sentences for drug users, thus having the highest prison population in the world. As well as the other reasons given by the noble Baroness, though, perhaps the change of heart has something to do, as the noble Lord, Lord Mancroft, mentioned, with the change of the American Administration.
The paper is the distillation of a discussion between 20 international experts held in Vienna last October. In his foreword, Antonio Maria Costa, the executive director of the UNODC, says:
“This paper outlines a model of referral from the criminal justice system to the treatment system that is more effective than compulsory treatment”—
I emphasise, more effective. What the paper advocates,
“results in less restriction of liberty, is less stigmatising and offers better prospects for the future of the individual and the society”.
A useful feature of the paper is the list of references to the recent research on which its conclusions are based. I recommend that those in the Home Office and the Department of Health who are responsible for drugs policy pay careful attention to the papers that are cited.
The central message of the document is that drug abusers should be regarded as sick or sad people rather than bad people. This is not to say that they do not get involved in crime or become skilled liars in order to obtain the substances on which they are dependent. The document points out that treating drug users as criminals does not deter them from continuing their habit, and that treatment for drug abuse in a coercive setting is less effective than in a negotiated voluntary setting.
I look forward with interest to the contribution of my noble friend Lady Massey, under whose leadership the National Drug Treatment Agency has greatly increased the availability of treatment. I suspect that she is in sympathy with the approach of the UN document. The National Audit Office reports that numbers in effective treatment in the UK rose from 134,000 to 195,000 between 2004 and 2008. I hope that the noble Baroness can give us some figures on the effectiveness of this and on whether there is evidence that drug-related crime rates have fallen.
There has been increasing and welcome use of the drug rehabilitation requirement, the successor to drug testing and treatment orders, for drug users who have committed an offence. However, the NAO reports a lack of consistent research into its effects. Perhaps better results might be obtained if the social needs of drug offenders, particularly housing and employment, were given more attention. I am aware that the Government are aware of this, but implementation is erratic.
An innovation mentioned in the UN paper is the establishment of special drug courts in some countries. These can be staffed by personnel who are familiar with the special needs and characteristics of drug users, especially their tendency to relapse several times before finally giving up fully.
I commend this report to the Minister, and I hope that its contents will be scrutinised carefully and used to improve not only the lives of drug users but, as the noble Baroness, Lady Meacher, has said, society as a whole.