Crime and Courts Bill [HL]

Baroness Hamwee Excerpts

Tuesday 18th December 2012 Lords Chamber

[The Earl of Listowel]

My Lords, it is hard to follow the eloquence and persuasiveness of the noble Lord, Lord Cormack. I will briefly say how strongly I support my noble friend Lady Meacher’s amendment. I was most grateful for the trouble that the Minister took on Report to reassure us that, further down the line, measures would be taken that would protect these vulnerable people. However, again and again we have heard that this is an enduring, long-term issue. The people at risk are highly vulnerable.

I asked the Minister on Report what protections there might be for pregnant women and women with children under two years of age. That is an emotive question, but it is an emotive question for a very good reason. We have always appreciated how important that stage in a child’s development is, and the importance of the relationship between mother and child in that early time of life. More and more, however, the research is highlighting that the very relationship between the mother and child in that earliest time actually shapes the child’s brain. The valiant efforts made by the right honourable Iain Duncan Smith and Graham Allen MP to get more early intervention for our children are, I believe, based on this evidence.

We should know this kind of detail after this matter has been debated for so long. It should not be somewhere way down the line once we have legislated. I hope, therefore, that the Minister will come back with something more reassuring at this point, otherwise I am afraid that I will feel forced to follow my noble friend through the Division Lobby.

[Baroness Hamwee]

My Lords, over the years I have been very much persuaded on this issue by those who have put forward the arguments that we have heard this afternoon. However, my noble friend made a point on Report which I confess I had not thought of before. That was that we should ensure that the banks and other lenders are taken along with new arrangements, because it is so important to keep the flow of credit—something that your Lordships have discussed on many occasions.

When he comes to reply, will the Minister tell your Lordships any more about discussions with the banks or other lending institutions? After all, many discussions have taken place with the lending institutions about the availability of credit. His point was important; when he spoke last week I realised that there is another side to this. I absolutely take the points that were made about the behaviour of some bailiffs, but that very cohort, or constituency, of those who are affected would be affected if credit were not available.

[Lord Beecham]

My Lords, I raised the issue of bailiffs at Second Reading. I followed it up with a Written Question which asked when the Government would respond to consultation. I was told, as I have reminded the House before, that it would be some time in the autumn. Autumn is now safely past us and we do not yet have a response. I spoke in Committee and subscribed to the amendment moved by the noble Baroness, Lady Meacher, on Report. I would have been very happy to subscribe to today’s amendment had it not been for the fact that there were already four signatures on it, which would have left me as a fifth wheel on the coach of the noble Baroness.

I strongly support her amendment because it is important to get some movement here. As my noble friend Lady Smith has pointed out, the Government have introduced three substantial new proposals to the Bill at a late stage. Two of them were at least subject to the recommitment procedure, and followed consultations—consultations, incidentally, which began after the consultation closed on the whole issue of bailiffs, on which the Government consulted last winter and spring. The third amendment, which deals with self-defence, was of course tabled two days before Report, with no apparent consultation with anybody at all beforehand.

I entirely subscribe to and share the views of noble Lords who believe that the Minister is absolutely genuine in his concern about this matter, but why has it taken his department so long to consult all relevant bodies? There was an extensive consultation period; seven months have now passed. What further consultations, if any, have taken place—that is a legitimate question to ask—and with what result? The Minister indicated, in answer to previous questions, that he hoped that there would be a response by the end of November. We are now past that date, and there is still nothing to be seen. As the noble Lord, Lord Kirkwood, has pointed out, time is not running out completely, but it is running out fast against a particular deadline.

Incidentally, I hope that the noble Lord, Lord Kirkwood, will consider another aspect of the coalition agreement, to which I have made previous reference during the passage of this Bill, namely the part of that agreement which indicated that the Government would introduce a threshold of £25,000, below which it would not be possible to obtain charging orders. On the first day back in January we will have in Grand Committee regulations prescribing a £1,000, instead of a £25,000, threshold. No doubt we will have an opportunity to debate that on a subsequent occasion.

In respect of this matter, the noble Baroness’s amendment is, as she put it, almost the least that could be done to get some progress quickly on this matter. If the Government do not accede to this request and if we are looking to another Bill to come forward—I do not know how many Ministry of Justice Bills we can expect to see in the next Session of Parliament—it clearly will take a long time. In the mean time, as other noble Lords have pointed out, there will be the potential for substantial suffering on the part of far too many people—not merely adults because children would be affected as well, including children in the most vulnerable and difficult of circumstances. It is simply unforgiveable that the department has let down the Minister, which is the fair way to put it, in progressing this matter. I hope that the noble Lord will feel able to accept the noble Baroness’s amendment. If not, I certainly shall advise my colleagues on these Benches to join her in the Lobby.