Children and Social Work Bill [HL]

Debate between Baroness Butler-Sloss and Baroness Lister of Burtersett

3rd reading (Hansard): House of Lords
Wednesday 23rd November 2016 Lords Chamber

[Baroness Butler-Sloss (CB)]

My Lords, I support this amendment and I agree very much with what the noble Lord, Lord Judd, has just said. One other way of looking at the convention is that it acts as a useful nudge for people to remember what it is that they ought to have in mind.

The year 1989 was extremely important because not only did we pass the Children Act, it also saw the United Nations convention. It is extraordinary that for some reason this country, England, is lagging behind Scotland and Wales which have managed to put it into their primary legislation while we are failing to do so. When I was a judge I tried a great many family cases. Whenever I heard a case relating to children, of course I took the United Nations convention into account, and I always thought it rather odd that there I was, applying the statutory law of the Children Act and going outside it to apply the United Nations convention that for some reason the Parliament of our country was not prepared to pass as part of English law. Here we are, all this time later in 2016 and we have fallen behind the smaller parts of this wonderful United Kingdom. It really is about time that we caught up and I find it extraordinary that the Government are not welcoming this with open arms.

[Baroness Lister of Burtersett (Lab)]

My Lords, I strongly support the amendment and the arguments that have been put so far. I will not repeat what I said on Report but I did raise two questions that I did not feel were answered. I asked the Minister to spell out what further evidence, beyond the evidence we have from the experience of Scotland and Wales which we have heard a little about today, the Government need to convince them of the practical value of such a duty. They have been arguing that they do not see what the practical value is. I also asked what evidence they had that it would produce box-ticking rather than cultural change. What the Minister did say was quoted by the noble and learned Lord, Lord Woolf, earlier and I shall repeat it:

“We believe that the way to promote children’s rights is for strong practitioners locally to listen to children and to act in ways which best meet their needs. A duty alone will not do that, and risks practitioners focusing on the wording of the legislation rather than on practice”.—[Official Report, 8/11/16; col. 1089.]

Of course a duty alone will not do that, but surely practice underpinned by a duty is more likely to be good practice than practice that is not underpinned by a duty. Like the noble and learned Lord, Lord Woolf, I am surprised and disappointed that the Government are so resistant to what is, as he put it, such a minimal responsibility that will be placed on them. As we said, it sends out all the wrong messages as to this Government’s commitment to the UN convention.

It is good to hear that the Government have said they are still considering this issue. Given they know that there is so much support in this place it is a shame they have taken their time considering it, but can we have a commitment that when the Bill goes to the House of Commons, a clear statement will be made by the Minister there as to what will be done to reflect the very strong views expressed in this House and which I am pretty sure will be expressed in the other place also?

Children and Social Work Bill [HL]

Debate between Baroness Butler-Sloss and Baroness Lister of Burtersett

Wednesday 29th June 2016 Grand Committee

[Baroness Butler-Sloss (CB)]

My Lords, as the only person in this Room who will have applied the Children Act from the day it became law until I retired as a judge in 2005, perhaps I may say first that I agree strongly with what the noble Lords, Lord Warner and Lord Ramsbotham, said, and particularly with the noble Baroness, Lady Howarth, who said that we must not make corporate parenting—which I entirely support—too complicated. There is just a danger that we may be putting too much in. Everything that is set out in the amendments is right, but I am not absolutely certain whether it all has to be in primary legislation.

I should like to pick up the phrase “have regard to”. I can see the Minister being advised by his team that it is a phrase which is used in the Children Act, particularly in Section 1, which states that,

“the court shall have regard to”.

In my view, there is a great difference between the court having regard and others doing so. Judges in family cases are trained to know what is meant by the phrase, which means that they have to take the issues into account and then they have a checklist to decide what in fact they should actually be doing. But it is interesting to note that Section 17 of the Act does not say that a local authority should “have regard to”; it talks about the “general duty” of every local authority. It seems to me that there is a very real distinction between having regard if you are a judge or a magistrate trying cases and having regard if you are a social worker with very considerable financial constrictions.

I cannot understand, I have to say, why we need the phrase “have regard to” when those who drafted the Bill took the trouble to say “must”. The phrase “must act in the best interests” is a very simple way of looking at it. But the phrase,

“must, in carrying out functions … have regard to the need”,

is, as the noble Lord, Lord Warner, pointed out, a let-out.

So having started listening to this argument on the basis that “have regard” is a perfectly good phrase that I applied day in and day out for many years, I think that there is a real distinction between the judiciary and the magistracy having regard and the way in which local authorities should be told rather than being left to exercise their discretion, which is rather different.

[Baroness Lister of Burtersett (Lab)]

My Lords, I will speak very briefly in support of what my noble friend Lady Armstrong said—but perhaps with some qualification. The parents that we are talking about are not necessarily dysfunctional, but sometimes they are struggling with enormous material problems of poverty, housing and homelessness. It is easy sometimes for words to be misinterpreted, but I hope we can remember, in all that we are talking about, that sometimes we are talking about the families in this country that have the greatest struggles with poverty. The stress of getting by can sometimes be just too much, and that is why their children are taken away from them.

Immigration Bill

Debate between Baroness Butler-Sloss and Baroness Lister of Burtersett

Monday 21st March 2016 Lords Chamber

[Baroness Lister of Burtersett (Lab)]

My Lords, I want to respond briefly to the noble Viscount, Lord Hailsham. In September, Save the Children made the proposal to bring 3,000 children to this country. Six months have passed and the Government have chosen not to exercise their discretion to do so. We have heard strong arguments as to why we should welcome those children here and, because the Government have chosen not to exercise their discretion in that respect, my noble friend Lord Dubs is putting forward this amendment to make it mandatory. We can wait no longer. Every day we hear of children being exploited and abused, and whose mental and physical health is deteriorating. Let us use this opportunity.

[Baroness Butler-Sloss (CB)]

My Lords, perhaps I may also say something in response to the noble Viscount, Lord Hailsham. The short answer to the very practical point that he made is for the Government to come forward with an alternative that does not tie them to taking in 3,000 children on the understanding that, if the amendment is accepted, they will be under a moral obligation to do something very similar. One argument that the Government have raised is that this may encourage other children to be put on boats and sent over. That may be but, if the Turkish agreement is to be of any use, one hopes that everyone will then go back to Turkey, certainly from Greece. However, there is a chance that that will not happen.

What really worries me—and I am obviously not the only one to be worried—is the plight of the very young children. The noble Baroness, Lady Sheehan, talked about Calais. I understand that at least one child there is only nine. However, I am concerned about children under 14 and especially children under 12. They are particularly at risk not just from people traffickers but from those who would enslave them. Speaking as the co-chairman of the parliamentary group on human trafficking, I can say that there is a real problem with these children. Ten thousand-plus have gone missing. How many have gone into the hands of those who will use them for prostitution, benefit fraud, thieving and even forced labour?

We absolutely must do something to stop those children being victims. They are already victims by being in Europe if they are unaccompanied, but they are in danger of becoming slaves. As many have said much more eloquently than me, we have an obligation to look after at least some of them. As has already been said, we have a noble record of looking after children who are at great risk.

I admire the noble Lord, Lord Dubs, for putting forward this amendment and I support it in principle entirely. I have the feeling that the noble Viscount, Lord Hailsham, does not object to the proposal; he just objects to its mandatory nature. Therefore, I put in a plea to the Government. As I have already said, if they do not like the way in which the amendment of the noble Lord, Lord Dubs, is expressed, the very short answer to that is to bring forward a government amendment at Third Reading and they would have the whole House behind them.