Prisons: Prisoners with Children

Debate between Baroness Benjamin and Lord McNally

Wednesday 20th November 2013 Lords Chamber

[Baroness Benjamin (LD)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper and I declare an interest as a vice-president of Barnardo’s.

[The Minister of State, Ministry of Justice (Lord McNally) (LD)]

My Lords, our reforms to transform rehabilitation to bring down reoffending rates will see the introduction of an unprecedented through-the-gate service. Under these plans, we are developing a basic custody screening tool that will be completed by prison staff for all sentenced offenders and remand prisoners. As part of that process, we will record whether an offender has any children.

[Baroness Benjamin]

My Lords, Barnardo’s and other leading children’s charities have found that children of prisoners are a very vulnerable group. They are twice as likely to experience depression, mental health problems and drug and alcohol abuse, and to live in poor accommodation. Many go on to offend and yet these children are unlikely to be offered any targeted support. Barnardo’s found that the courts keep no record of them and that there are no requirements to identify them to children’s services. Will the Government create a statutory duty for courts to identify defendants who have dependent children and agree that, by collecting those data, they will be better placed to detect vulnerable children with a parent in prison and ensure that they get the support they need from children’s services?

[Lord McNally]

My Lords, I am not sure that I can give the guarantee of a statutory function for the courts but our reforms for probation will mean that the important function of advising the court prior to sentencing —which will outline the offender’s personal circumstances, including dependants—will remain with public sector probation services. Our reforms to transform rehabilitation will also introduce through-the-gate services for those given custodial sentences.

I appreciate the point that my noble friend makes; it is a worrying factor that many of the young people who come into the criminal justice system are themselves children of offenders. We should certainly be looking at ways to break that circle and trying to make sure that these children are helped away from a life of crime.

Children and Families Bill

Debate between Baroness Benjamin and Lord McNally

Monday 21st October 2013 Grand Committee

[Baroness Benjamin (LD)]

My Lords, I, too, support this amendment, and I want to make a case for qualified play therapists to be involved in this issue. Play therapists can play an important role with children and their parents, both in schools and in children’s centres, in breaking the cycle of continual problems within families, helping them fully to understand the importance of parenting and family bonding, and about relationships and responsibilities. Where play therapists have been allowed to carry out this type of work, there has been much success in keeping families living happily together. I know this because I am the patron of the British Association of Play Therapists, for which I declare an interest.

For many years I have spoken up about the need for parenting and relationships to be taught in schools. I have seen what this can do. I have even been into prisons, talking to men, in particular, about parenting and the importance of learning to live with their children, to love them and to bond with them. Many of them do not know how to do that and have never received the investment of time and effort in their lives that would make them understand the importance of this parenting and bonding. I hope that the Government will give this serious consideration and look favourably on the amendment.

[The Minister of State, Ministry of Justice (Lord McNally) (LD)]

My Lords, as I have come to expect with this Bill, the amendments are thoroughly debated and raise some fundamental problems, which I promise to take on board as the Bill progresses.

My response gives me the opportunity to explain a number of measures aimed at promoting the positive involvement of both parents in their children’s lives. In many ways, I am sympathetic to the noble Lord’s intentions in tabling this amendment. When we come to make decisions on this Bill, we will all have to consider deeply whether some of the responsibilities that have been raised in this debate are most sensibly written into this legislation, or elsewhere, or addressed by other means. However, I certainly do not doubt that there is an issue—which the noble Lord, Lord Northbourne, has rightly raised—about how we get the required level of parental responsibility. The noble Earl, Lord Listowel, referred to the knock-on effects of the problems of single parents, particularly in families without fathers. The noble Baroness, Lady Massey, emphasised the importance of early intervention, while the noble and learned Baroness, Lady Butler-Sloss, lent her support to the idea that it is sensible to set out those responsibilities in the Bill.

Magna Carta

Debate between Baroness Benjamin and Lord McNally

Tuesday 7th February 2012 Lords Chamber

[Lord McNally]

Not at all. I have long considered the noble Lord a master of the pettifogging legal point, but his question gives me the opportunity to put on the record, for noble Lords who want to get involved in the build-up to the Magna Carta celebrations, that my honourable friend Eleanor Laing in the other place is chairing an All-Party Magna Carta Group. I am sure that it would benefit from membership from this House.

[Baroness Benjamin]

My Lords—

--- Later in debate ---

[Baroness Benjamin]

Thank you, my Lords. A favourite expression often used by British citizens is, “It’s a free country”. Thankfully, so it is, but many are not aware that our freedoms are the greatest legacy of the Magna Carta. What are the Government doing to ensure that children and young people use and appreciate this precious gift of freedom with respect and responsibility? Perhaps they could do so by establishing an annual Magna Carta day to raise awareness and celebrating on the underused Parliament Square, as suggested by the Hansard Society.

[Lord McNally]

Again, I am delighted by the enthusiasm with which the House is approaching this and I shall feed that idea back to Sir Robert.

Legal Aid

Debate between Baroness Benjamin and Lord McNally

Tuesday 18th October 2011 Lords Chamber

[The Minister of State, Ministry of Justice (Lord McNally)]

My Lords, the Legal Services Commission is responsible for the administration of the Legal Aid Fund and has already taken steps to regulate and accelerate payments to legal aid providers. Standard monthly payments are made in advance for advice work completed under contract and, in addition, weekly payments are made on bills submitted for civil representation work. Providers may make interim claims for payments on account while a case is still open.

[Baroness Benjamin]

I thank my noble friend for that encouraging Answer. As you may well know, these specialist solicitors are not only the lowest paid solicitors in the country but also have to pay tax on unpaid work and are paid by the Government only twice-yearly in arrears. As a result, their businesses are under enormous financial pressure. Some are even going out of business because banks are calling in their loans. This is likely to result in the loss of assistance to the neediest families in our community, especially children. How soon will quarterly payments be implemented?

[Lord McNally]

My Lords, I can not give a precise answer to that, but the LSC has taken a number of steps to expedite payments to contracted providers and is committed to investigating any claim where a bill is not paid within the correct timescale. While there have recently been some delays in civil bill processing, the LSC maintains that the vast majority of payments are being made within their published target times. I will, however, look at the matter of quarterly payments.