Transitional State Pension Arrangements for Women

Carolyn Harris Excerpts

Monday 1st February 2016 Westminster Hall

[Helen Jones]

I need to make some progress, because lots of people want to speak in this debate and I do not want to take up too much time.

Let us remember that, way back, the Turner commission said that people should be given at least 15 years’ notice of changes to the state pension age. The Pensions Act 2014—we wait ages for a Pensions Act and then they are like buses; a load come along together—set up periodic reviews that aimed to give people at least 10 years’ notice. One could argue that, in principle, the 1995 Act gave that kind of notice, but lots of people did not know about it. There was no requirement under the Act to inform individual women who might be affected. Indeed, apparently what happened was that the Department produced a leaflet. That is very nice, but if people are going to request the leaflet, they must know about the changes coming forward. I certainly did not know that it existed, and I do not think anyone else did. There was an advertising campaign about preparing for retirement, but it was aimed at both men and women. It was not aimed specifically at those whose state pension age was changing. There were a few inserts and adverts in papers and magazines.

For most people, those things were background noise as they were getting on with their lives. No one wrote to the individual women who would be affected. It was not until 2009 that the Government started to do that, but that process was stopped in 2011 as we debated yet another Pensions Act to introduce more changes. That gross dereliction of duty on the part of the Department for Work and Pensions cannot be defended.

After the Pensions Act 2011 was enacted, the Government again began to write to people. They finished the process in 2013, but that meant that some women, if they were notified, received only between three and four years’ notice of changes to their pensions, which was not nearly enough time to make proper provision. In fact, some did not receive notification at all, as we have heard, because their letter were sent to their old address. Some received the wrong state pension forecast and they were not corrected.

Before she became Minister for Pensions, Baroness Altmann said that

“until recently, many of these women were expecting to receive their state pension at age 60, since they were unaware of the changes made in 1995”.

Indeed, the former Pensions Minister said the same thing. In 2015, when he gave evidence to the Work and Pensions Committee, he said that it was clear that there was a cohort of women who did not know about the changes and that

“there is no question about that.”

The rapid changes introduced by the 2011 Act have resulted in huge inequalities, because small differences between people’s date of birth may mean a big difference to the dates when they reach their pension age. Women born in the 1950s are particularly affected, and I am grateful to those women who have written to me with specific examples of what is happening. I shall quote some of them because I stress to the Government that this is not an academic exercise. Real people are on the receiving end of the changes and many of them are suffering.

One lady wrote to me pointing out that her husband was born in January 1954, meaning that he can retire at the age of 65 years and two months. She was born in August that year, but cannot retire until she is 65 years and 11 months. She said, “Whatever that is, it is not equality,” and it is not.

[Carolyn Harris (Swansea East) (Lab)]

Will my hon. Friend give way?

[Helen Jones]

I will give way, but then I want to make some progress.

[Carolyn Harris]

I congratulate my hon. Friend on securing the debate. If, in March 1953, Mrs Jones gave birth to twins, Jack would get £155 a week under the single-tier state pension, but Jill would get £131, because she was born a woman. Where is the justice in Jack getting £20,000 more over 20 years than his sister, Jill? That is ludicrous.

[Helen Jones]

My hon. Friend is right. The system is riddled with inequalities.

Many women have received wrong information. One lady who contacted me wrote:

“I have a pension calculation from the DWP telling me that I retire at 60 and this would not be reviewed until 2020”—

someone obviously keeps her paperwork carefully. She went on to say:

“I have had no notification or correspondence from the DWP informing me of these changes and have…just found out by applying for a State pension forecast…To be told at the age of 58 that you will not get any pension until you are 66 does not give enough time to plan or budget”—

she is right.

Many women have been caught out by the changes in the number of years’ contributions to national insurance required before receiving a full pension. One lady said:

“I was made redundant after 30 years and I contacted the NI people to ask about my contribution record…I was told because I had paid a full 30 years I didn’t need to pay anymore”.

She then found out that she

“was no longer getting a full pension but approximately £35 a week less because guess what I haven’t paid enough NI contributions in the last 7 years! I WAS TOLD I DIDN’T NEED TO!”

In any private pension scheme, that would be called mis-selling, but we see the same from the Government.

Another lady highlighted the fact that many of this cohort of women took time out to look after their children or to act as carers, meaning that they did not build up enough occupational pension. In some cases, women were not allowed to join occupational pension schemes at all and some were working before the Equal Pay Act 1970 came into force. She said:

“I am also penalised here because when I did return to work after my children were older I did not accrue enough to have a reasonable work pension…It is totally demeaning that I have to rely once again on my husband who is 67 this year and worked from the age of 18.”

That is not equality.

Another lady, who is also a carer, said:

“I will be 62 next month and found out that I will not be getting my state pension until I am 65 and some months. I made Choices in my mid fifties and gave up work to look after my husband expecting to only wait 5 years or so to get my pension but it came as a shock to find out that I wasn’t”.

People have made decisions based on information they were given at the time in good faith, but they then found that decisions had been overturned.

Criminal Legal Aid

Carolyn Harris Excerpts

Friday 29th January 2016 Commons Chamber

[Mr Vara]

I am sure the hon. Gentleman’s constituents will be grateful that he managed to slip in that last bit concerning his court. As I have told him previously, no firm decisions have been taken on that issue. On other matters, I am pleased that the hon. Gentleman pays such detailed attention to what is happening in the MOJ.

[Carolyn Harris (Swansea East) (Lab)]

I welcome the Justice Secretary’s move to scrap the two-tier system. He said HM Treasury has given him a settlement that allows him greater flexibility in the allocation of funds for legal aid. Will he give us more detail about the settlement and whether it will extend further than what he has already said?

[Mr Vara]

I refer the hon. Lady to the Chancellor’s autumn statement. He said he would be allowing £700 million-plus for the courts reform programme and there would be £1.3 billion for reforming the Prison Service. We in the MOJ are also consolidating our estates programme generally in terms of the offices and space we use. If the hon. Lady reads the statement, she will also be aware that my Department will be making 50% administration cuts by 2019-20.

Prisons and Secure Training Centres: Safety

Carolyn Harris Excerpts

Monday 11th January 2016 Commons Chamber

[Michael Gove]

Absolutely. I was fortunate to be here when the Policing Minister pointed out the important way in which body-worn cameras can help in crime detection and in keeping officers safe. The same applies in the secure estate.

[Carolyn Harris (Swansea East) (Lab)]

In 2012 G4S failed to provide security for the London Olympics and the Army had to save the day. It has had to repay £110 million for overcharging for security tags, and £4.5 million for overcharging for facilities management at UK courts. Surely its luck is up and it cannot be offered any more Government contracts.

[Michael Gove]

The hon. Lady is absolutely right to draw attention to those past failures by G4S, but I would stress that there are prisons and other facilities run by G4S that do meet a high and exacting standard. Although it is understandable that criticism of G4S will be heard again in the light of these allegations, and that it will become more intense if the allegations are sustained, it is nevertheless important that we take a step back and recognise that it is also the nature of our youth justice system that needs to change.

State Pension Age (Women)

Carolyn Harris Excerpts

Thursday 7th January 2016 Commons Chamber

[Carolyn Harris (Swansea East) (Lab)]

Half a million women, including more than 3,500 in my constituency, are asking the Government why they have to wait up to six years longer for their state pension. During their working lives, they paid national insurance contributions expecting to get their pension at the age of 60, an age fixed in 1940 and five years below that for men.

In 1995, the Conservative Government set out a timetable to equalise the pension age for men and women at 65. They fixed a start date 15 years ahead—April 2010—and phased in the changes slowly, so that only from April 2020 would women born in April 1955 or later not get their state pension at 65. The pending changes were largely ignored except for a small section in the financial section of a broadsheet. The women affected, who were then aged 45, were not warned by the Department of Social Security.

[Peter Dowd]

One of my constituents, Angela Pugh, has sent me valuable information, and I thank her and WASPI. She outlined one woman’s experience. She said that the job market is not ready to accept older women and that many are forced to accept zero-hours contracts, temporary contracts or low-paid contracts that offer no financial security. Does my hon. Friend agree that those women—the backbone of this country—have been betrayed by the Conservatives?

[Carolyn Harris]

I most certainly agree with my hon. Friend.

In 1995, 2020 seemed a long time away. In 2007, the Labour Government decided to increase the retirement age for both men and women to 66, but included a caveat that no changes would be made until 2024. In 2011, the coalition Government unsurprisingly reneged on that caveat and set a new timetable that was tough on women and broke a pledge that there would be no change until after 2020.

[Fiona Mactaggart (Slough) (Lab)]

Does my hon. Friend accept that that is not the only way in which older women have been discriminated against? The raising of the tax threshold disadvantages older women much more than it disadvantages any other group, and the pay gap for older women is bigger than for any other group. Do we not need to hear the voice of older women more clearly in politics, as it is obviously being completely ignored by the Government?

[Carolyn Harris]

I agree entirely with my right hon. Friend and consider myself to be in that age group—I am an older woman in politics.

[James Heappey (Wells) (Con)]

Nonsense!

[Carolyn Harris]

Thank you.

Half a million women had their pension postponed further in 2011. One of the women affected is Lin Phillips, who was born in May 1954. I think she is in the Gallery. She will be nearly 65 and eight months when she gets her pension in January 2020, nearly six years after she originally expected it in May last year when she was 60. Only in 2011 when she read about the new plans did she realise that her state pension age had already been increased to 64. She was shocked to discover that it would be pushed a further 18 months into the future to age 65 and a half.

Altogether, half a million women face an extra delay of more than a year, and 300,000 face an extra wait of 18 months. That delay will cost them in excess of £12,000 each in lost state pension. That money is very difficult to replace. Few will have company pensions, because many firms excluded women and part-timers from their schemes. About half the women aged between 55 and 64 are not in work. Many of them—as we have heard, they are the backbone of this country—are caring for children and elderly relatives. The idea of their finding a part-time job in the current situation, or even a low-paid job, is ludicrous.

The changes to women’s pensions are categorically unfair and unjust. Lin, along with other affected women, started to campaign to push the Government into a compromise agreement for those most affected, possibly in the form of a transitional payment. My understanding is that the Secretary of State for Work and Pensions promised to look at that in 2011 but—surprise, surprise!—he never did. The WASPI campaign is the inspiration behind the debate. Those women have made us sit up and think.

Each of us will be able to tell of constituents who are affected by this gross injustice. Each of us will know of women who have worked and paid their contributions or who have spent the majority of their adult life bringing up the children of this nation. Each will have a different set of circumstances, but they will all say that, had they been written to in 1995 and told of the changes, they would have made appropriate arrangements.

WASPI accepts that the pension age must rise as people live longer but argue—most on the Opposition Benches would agree—that it is not fair to women who were not personally informed either in 1995 or in 2011. The Minister should beware: WASPI has a sting in its tail. Given the power of its argument and its ability to attract the attention of many in the House, its demand for fairness is a compelling one. It has a simple message and only asks for fairness.

I would say this to the Minister: do not underestimate the power of that lobby. Those women have managed to mobilise and get more than 107,000 signatures on a petition, which is far in excess of what is needed for a debate in the Chamber. In four days, they managed to raise funds through crowdfunding to engage the services of a barrister. From my contact with them, I can tell the Minister that they want justice, and that the buzz in the air from the WASPI campaign will not rest until they get it.

Access to Justice: Wales

Carolyn Harris Excerpts

Tuesday 15th December 2015 Westminster Hall

[Carolyn Harris (Swansea East) (Lab)]

I beg to move,

That this House has considered access to justice in Wales.

It is a pleasure to serve under your excellent chairmanship, Mrs Moon. Access to justice is not a special privilege, but a fundamental right. No one should be denied access to justice because of who they are, where they live or how much they earn. Everyone is equal before the law. The two-nation system is something on which the Secretary of State for Justice and I would possibly agree. When he was appointed, he said:

“There are two nations in our justice system at present. On the one hand, the wealthy, international class...And then everyone else, who has to put up with a creaking, outdated system to see justice done in their own lives.”

What he did not say was that his policies, and those of his Government, have created much of the injustice that we see today. Cuts to legal aid, tribunal fees and court charges have all put a price on justice, and ordinary people across Wales have suffered as a consequence.

The cuts to legal aid implemented by the Conservative and Lib Dem coalition have had a dramatic effect on access to justice in Wales. The number of cases granted funding has dropped by two thirds. Solicitors in my constituency say that cases have “decreased significantly”, and the number of debt cases supported by legal aid fell from 81,000 to just 2,500 over a one-year period. Every one of those cases involves real people, who are being denied the help that they need when they are at their most vulnerable. It is the most vulnerable people in Wales who are being hurt by the changes.

[Jessica Morden (Newport East) (Lab)]

Earlier this year, the Select Committee on Justice and the Public Accounts Committee criticised the Government’s civil legal aid changes, saying that they limited access to justice for some of those who need legal aid the most and that, in some cases, they resulted in cases becoming more difficult and therefore costing the taxpayer more. Does my hon. Friend agree that that very much echoes the cases that we see, week on week, in our constituencies?

[Carolyn Harris]

It certainly does. I agree with my hon. Friend, and I will come on to discuss that further. When we put a price on justice, those with the means to pay sky-high legal fees will be fine, but people who are in debt, women experiencing domestic violence and parents seeking custody of their children will not be. Ten law centres have already closed in England and Wales, and many more are unable to cope. We are talking not about legal aid lawyers supposedly raking in millions of pounds in fees, but about centres, staffed by volunteers, that can no longer offer fundamental support to those who need it most. Solicitors’ firms in my constituency have told me of the obstacles facing their clients:

“The evidential requirements are stringent. There are occasionally cost implications for clients in seeking evidence to support their application for public funding which is difficult for them if they are on benefits.”

They say that

“everything the Legal Aid Agency is doing is making it harder for both clients and lawyers to get legal aid.”

The cuts have removed legal aid from nearly all family law cases and led to a sharp increase in the number of litigants in person. In the first quarter of this year, 76% of private family cases involved at least one party who was not represented. The Personal Support Unit, which has an office at Cardiff Crown court and which offers advice to litigants in person, has seen the number of people accessing its services more than double from 20,000 in 2013-14 to an estimated 50,000 this year. The idea that someone who has had their children taken away from them and who may be fighting allegations of domestic abuse is able to defend himself or herself as well as a lawyer could is ridiculous, but that is the reality of the two-nation justice system.

[Ian C. Lucas (Wrexham) (Lab)]

I am grateful to my hon. Friend for raising the important subject of litigants in person. I have spoken to court staff and judges who are deeply concerned about the impossible position that they are placed in when they have to make a decision on cases involving, but at the same time end up giving advice to, litigants in person who are desperately unable to cope with the complexities of the legal system in which they have to operate.

[Carolyn Harris]

My hon. Friend refers to the reality that the two-nation justice system has created. Cuts to legal aid are having a significant impact on advice services for those experiencing housing, debt and welfare problems. A report commissioned by the Welsh Government shortly after the first changes were introduced found that cuts had “severely affected advice services” and resulted in

“specialist welfare benefits advice being significantly reduced by Legal Aid funding.”

The Welsh Government have done what they can to mitigate those cuts, investing an extra £1 million a year to support front-line advice services, in addition to the top-up of £2.2 million a year to Citizens Advice Cymru to help it to provide a specialist advice service for those who need it. The reality is that thousands of people in need of support will still lose out because of the Ministry of Justice cuts. In Wales, the number of free, face-to-face welfare law advice sessions provided by the not-for-profit sector is estimated to have fallen from nearly 20,000 to barely 3,000 in just one year.

Last month, in the Chancellor’s autumn statement, the Government snuck in an increase in the small claims court limit, which means that the majority of people injured in road accidents, regardless of how severely they were injured, will lose their access to legal representation. Whether for people injured in accidents, families facing debt proceedings or those of limited means who want legal advice before a court hearing, the Government’s changes have had a profound effect on access to justice in Wales.

Few people are more in need of support than women who are experiencing domestic abuse. I am talking about women who have suffered years and years of physical and sexual violence, who turn to the family court to seek help for themselves and their children. Women who may need legal aid to divorce an abusive partner, or even to apply for a child arrangements order to protect their child from an abuser, now have to convince the Government that they have been abused before they can get any help. Worse, the narrow set of criteria proposed by the Government means that many women are unable to prove that they have been abused.

Charities such as Women’s Aid expressed serious concerns about the evidence criteria before the law was changed. Women’s Aid now says that 54% of women who access services as survivors of domestic violence would not meet the evidence criteria initially proposed. The cuts were railroaded through, however, and in one year the same charities found that 43% of women who had experienced domestic violence did not have the prescribed forms of evidence required to access family law legal aid. The Government have let those women down and, more importantly, let their children down.

In the light of that, it came as no surprise when the Justice Committee concluded last year that the reforms had failed three of the Government’s four tests. The reforms have not discouraged unnecessary litigation or targeted help at those who need it the most. On the Government’s claim that the changes were necessary to cut costs, the Committee said that the Ministry of Justice

“has failed to prove that it has delivered better overall value for money for the taxpayer because it has no idea at all of the knock-on costs of the legal aid changes to the public purse”.

The changes have not delivered value for money. Instead, they have forced vulnerable people to represent themselves in court and taken vital support away from abuse survivors.

The Government are charging ahead with changes to criminal legal aid, and we will face the same problems. From next year, the number of contracts issued to solicitors’ firms for criminal legal aid will fall from 1,600 to just over 500. Solicitors’ firms in parts of Wales, especially in rural areas, have warned that there simply will not be enough firms left to do all the work.

[Mr Mark Williams (Ceredigion) (LD)]

I congratulate the hon. Lady on securing this important debate. She will be aware that in the area that the Ministry of Justice names Dyfed Powys 2, which consists of all of Ceredigion, Pembrokeshire and all of Powys—the Opposition Members present will be aware of the geography of the terrain—it is suggested that only four solicitors’ practices will offer the reduced legal aid. Does she agree that that is the worst kind of access to justice imaginable?

[Carolyn Harris]

I would go as far as to say that it is almost zero access to justice.

The tendering process has been shown to be a complete shambles—the implementation date has slipped from January to April of next year and possibly into 2017. The president of the Law Society of England and Wales has spoken of a

“serious risk of a knock-on effect on access to justice for clients.”

That warning comes just weeks after the Government were forced to drop their criminal courts charges, which led to some 50 magistrates resigning from the profession in protest. In the words of the Justice Committee, the changes were

“having effects which are inimical to the interests of justice”,

including the creation of “perverse incentives” for innocent defendants to plead guilty. I am glad that the Government have finally realised that the court charges were not fit for purpose, but it was not before countless people potentially changed their pleas because they could not afford to say that they were not guilty.

[Mr David Hanson (Delyn) (Lab)]

Before my hon. Friend leaves the point of criminal courts charges, I am a member of the Justice Committee and we have just agreed that it was right to change the system. However, of the £5 million that was levied, only around £300,000 has been raised, leaving a debt on a large number of people who should not have had that charge imposed on them in the first place. Through my hon. Friend, I ask the Minister to tell us what will happen to those who have been levied the charge and who have not yet paid.

[Carolyn Harris]

It is clear that, alongside access to justice, the Government’s reforms to the criminal courts system have risked another fundamental British principle—the right to a fair trial. One of the most basic attributes that we expect of any justice system is that it is fair. Those who have committed crimes must be punished quickly and effectively, but everyone has the right for their case to be heard and nobody should have to decide how to plead based on whether they can afford to pay the fees—not least because victims of crime deserve better.

Will the Minister agree to an urgent review into how legal aid costs are affecting access to justice in Wales? As court charges—one of the flagship policies—have now been dumped, what confidence does he have that the other changes are not having a similar perverse effect on justice and the right to a fair trial?

Members across the Chamber have serious concerns about the proposal of the Ministry of Justice to close 11 courts and tribunals in Wales. In large parts of the country, it is already hard enough for those attending trials to reach their nearest court in the allotted time, and the decision to close those courts will make that harder still.

The Law Society has found that many people will find it impossible to get to their nearest court within an hour when travelling by public transport. If the Government go ahead with their plan to close, for example, two courts in Carmarthen, just 32% of people taking public transport to my constituency of Swansea for family law cases would be able to get there within 60 minutes. For criminal cases, the figure is 31%. Across Wales, in areas where there is limited or infrequent public transport, it is a very real possibility that defendants and witnesses could end up on the same bus to the court hearing. Members can imagine the distress and legal complications that that will cause.

[Wayne David (Caerphilly) (Lab)]

Does my hon. Friend agree that it is quite ridiculous that, at the last Justice questions, the Minister suggested that people could access justice by telephone?

[Carolyn Harris]

I think I referred to it as sentencing by text, if I am not mistaken. It is an absolutely absurd idea.

[Huw Irranca-Davies (Ogmore) (Lab)]

The Minister did indeed say that mobile phones would be the way forward for my constituents. We are facing closures in Pontypridd and Bridgend, which are difficult enough to get to at the moment. To tell those constituents to come down the valley and change transport to get to Cardiff will add another impediment to access to justice. Through my hon. Friend, I would say that the Minister really needs to think this through again and to think about the geography of Wales. We are not flatlands with a huge transport hub; we are valleys. I know that your constituency is affected by the issue as well, Mrs Moon.

[Carolyn Harris]

I thank my hon. Friend for his intervention. The Law Society has expressed “grave concerns” that the proposal to close courts—I agree with this point—could “erode access to justice”. Its worries are shared by many people across the region.

Whether it is closing courts, slashing legal aid or any other reforms that I have not had an opportunity to address—such as employment tribunal fees, changes to judicial review or the plan to scrap the Human Rights Act—Government policies are having a severe impact on access to justice in Wales. It is the responsibility of any Government to ensure that our justice system does not become the preserve of the wealthy and unresponsive to the needs of those who need to use it most. It is vital that the justice system is accessible when we need it and accessible to all. I seriously fear that after another five years of this Government, neither of those opportunities will be open for Wales.

[Several hon. Members rose—]

Court Charges (Access to Justice)

Carolyn Harris Excerpts

Tuesday 17th November 2015 Westminster Hall

[Mr Vara]

We have some 20,000 magistrates. At any given point, there are always some who are resigning. It is regrettable that some have felt it necessary to resign on that basis, but I will say that magistrates do hugely beneficial work. It is an important role in society and they give up valuable time of their own to do a good service. Of course, it would be wrong for me to comment on individual circumstances, but it is regrettable that some have felt it necessary to resign on that basis.

[Carolyn Harris (Swansea East) (Lab)]

Does the Minister not agree that the fact that only a fraction of the imposed costs has been recovered indicates that those charged with repayment are unable to repay, and that this therefore makes the whole court charge untenable?

[Mr Vara]

It is not yet known how much has been recovered, because those statistics will be forthcoming in the December quarterly statistics. Just to explain, they were not in the September quarterly publication because, although initial data from the first three months of operation—the change having taken place in April—were included in the regular September quarterly statistics, it was not possible to provide separate figures on the charge in time for that publication which met the data quality standards required for published management information. Detailed figures will, however, be published on 17 December.

I note the comments made about the effects on the offender’s plea decision and the issue of access to justice. The Government are committed to ensuring a fair and effective criminal justice system that is accessible to all, and we are assured in the knowledge that the coalition Government carefully considered the compatibility of the criminal courts charge provisions with the European convention on human rights, on article 6 “access to the court” grounds. Article 6 of the European convention on human rights has an implicit right of access to the courts, and the charge does not interfere with that right in any way. In particular, it should be remembered that the charge is imposed at the end of proceedings. Defendants facing trial are not required to pay the criminal courts charge and the charge is not a condition of an offender being able to access the courts. A person will be subject to the charge only if convicted following a court hearing that will have taken into consideration all the available evidence. Therefore, those who are innocent and should be found not guilty by the courts will not be required to pay the charge.

We should also remember that our justice system already creates a number of incentives for those who enter early guilty pleas to ensure that the wheels of justice run more smoothly. For example, if defendants who are guilty enter a guilty plea as early as possible, the courts recognise the benefit to victims, witnesses and the criminal justice system as a whole by means of a reduction in sentence. I recognise, however, the need to ensure that any incentives are proportionate and I note the concerns expressed about the matter.

Psychoactive Substances Bill [Lords] (Third sitting)

Carolyn Harris Excerpts

Thursday 29th October 2015 Public Bill Committees

[Lyn Brown]

We are keeping our powder dry.

On Second Reading, I made it clear that the blanket ban created by the Bill would only partially tackle the problem of new psychoactive substances. The measures in the Bill are an appropriate way to disrupt supply, but if we really want to protect public health, we must also work to reduce the demand for those dangerous drugs. I firmly believe that that requires a comprehensive drugs education and awareness strategy, which is why I have tabled amendment 57 and new clause 4. Amendment 57 would put a duty on the Secretary of State to update Parliament on the quality and reach of new psychoactive substances education in its statutory report. New clause 4 would amend the Education Act 2002 to make drugs education, including a focus on NPS, part of the personal, social, health and economic education foundation subject in the national curriculum.

I will start by speaking about new clause 4 and comprehensive drug education in our schools. In 2010, the coalition Government launched a new drug strategy, which contained some really sensible approaches to reducing demand for drugs. The Government stated that they wanted to

“provide good quality education and advice so that young people and their parents are provided with credible information to actively resist substance misuse”

and to

“intervene early with young people and young adults”.

A preventive and proactive education policy based on information and resilience training is exactly the sort of approach that the Government ought to be taking.

As we know, however, actions speak louder than words. The Government reversed Labour’s plans to make PSHE a statutory requirement, even though that was recommended by the Macdonald review. They also closed the Drug Education Forum, a source of expertise on drugs education in England that disseminated research on drugs and drugs education to teachers across the country, as part of a drastic 80% cut in drugs education spending. Figures from the Department of Health show that drugs education spending was reduced from £3.9 million in 2009-10 to £500,000 in 2010-2011. The Department for Education revealed that there was a 22% cut in spending on drug and alcohol services for young people between 2011 and 2014.

Statistics provided by Mentor, the drug and alcohol charity, show how disastrous those decisions were. Only 15% of schools teach drugs and alcohol education for one hour or more a term, and 59% of young people say that they cannot even remember having a drugs education lesson in the last year. Media reports on the impact of cuts to drugs education included a 2011 survey of staff at 79 local education authorities. More than a quarter of the staff reported that there had been no specialist drugs education support in the past three months. Paul Tuohy, chief executive of Mentor, told The Guardian:

“We are probably in the worst situation for drug education for decades”.

It would appear that where there is drugs education in our schools, sadly it is often of poor quality, incomplete or totally irrelevant.

[Carolyn Harris (Swansea East) (Lab)]

In my constituency, education on these substances is mainly taken up by the local high sheriff, who has had an excellent campaign to produce leaflets and posters, and to go into most secondary schools. The local police also have an excellent project, called “Weird Science”, and Sands Cymru offers training to teachers and parents within the local authority. However, this work should be included in a curriculum, rather than it being left to other bodies to take up the slack. It is vital that other organisations get involved in this work, but the education really needs to be built into the ban, so that schools are forced to act. The word “legal” is misleading for young people and that needs to be emphasised very strongly at the education level.

--- Later in debate ---

[Lyn Brown]

I would do it much more subtly, but the Government Whip is new.

We should be in no doubt that the evidence suggests that a comprehensive and universal approach to education is the right one, provided that the delivery is right. Recent meta-analysis of the academic literature by Wolfgang Götz and Professor Heidrun Thaiss from the European Monitoring Centre for Drugs and Drug Addiction concludes that universal drugs education works so long as it is not simply about providing information. They state that provision of information is not recommended as a stand-alone measure.

[Carolyn Harris]

The Angelus Foundation has done good work on the issue and recommended to the Welsh Assembly Government that an hour a term is the minimum standard for drugs education. It also argues for a return to the “Talk to Frank” campaign, which I am strongly in favour of, along with some kind of media campaign.

We talk about good practice in Wales, and I am extremely proud of the work that has been done there, but my local accident and emergency department has experienced a dramatic increase in the number of young people whom you would not necessarily imagine becoming involved in drugs culture experimenting with NPS. In 2011, five young people presented at the only local A&E in my constituency, whereas between April and August this year, 76 young people presented. We need a wider education campaign.

[Lyn Brown]

I totally and utterly agree.

It is clear that there is no evidence that increased knowledge leads to reduced drug use. The EMCDDA came to that conclusion in its 2006 report. Frankly, too much of the drugs education in our schools is focused on providing information. The Department for Education’s review of PHSE found that students find drug education “boring” because what they did in PHSE too closely mirrored what they learned in science lessons. The review found that staff thought that the issue should be addressed from a different direction in PHSE. That point was made to the Home Affairs Committee during its review of UK drug policy in 2012. Paul Tuohy of Mentor, which is a strong advocate of good-quality drug education, stated starkly:

“We are spending the vast majority of the money we do spend on drug education on programmes that don’t work”.

The Home Affairs Committee asked a number of local authorities to survey secondary schools in their area to ask whether they used the life skills programmes it learned about while gathering evidence for its report. None said that they used any of the programmes.

A narrow focus on providing information to students is likely to be holding us back. Evidence suggests that to get drugs education right, information has to be taught alongside a focus on the life skills that empower young people to resist peer pressure and make informed decisions. When young people go into a head shop and see these lovely coloured sachets, it will be good for them to know that they contain illegal substances that are not safe—[Interruption.] The Minister says from a sedentary position—

Psychoactive Substances Bill [ Lords ] (Second sitting)

Carolyn Harris Excerpts

Tuesday 27th October 2015 Public Bill Committees

[Lyn Brown]

I accept that. Had I been lucky enough to be a mother, I would be saying exactly the same thing. Nevertheless, the kids in school who are supplying the laughing gas are getting it from somewhere, often from someone who is also giving them other stuff that they want to have pushed in the playground and in the streets. I am glad to see that the Bill will tackle offences in schools that affect children. We have also heard that there will be a good and effective education programme that will help children to say no to whatever substances are being pushed. I am genuinely pleased to hear that.

[Carolyn Harris (Swansea East) (Lab)]

Does my hon. Friend agree that we must also look at extending such measures to the vicinity of children’s homes where there are vulnerable young people, especially given the tendency for grooming to become the next stage in taking these hideous substances?

[Lyn Brown]

I understand that we will come to that later in the Bill with an amendment tabled by the hon. Member for Enfield, Southgate, who has been testing my thoughts on the legislation. I look forward to hearing from him on that.

As I have stated, a similar notion to the one I have been expounding already exists in the guidelines for sentencing under the 1971 Act. I would like to be assured that the Minister will work with the Director of Public Prosecutions to ensure that prosecutions are brought only when there is a clear public interest, which I would suggest there is not in the case of many social suppliers. I would find some reassurance in knowing that the Government will do what they can to ensure that the Bill is intelligently enforced.

--- Later in debate ---

[Carolyn Harris]

I have been greatly troubled by some of the stories I have heard in my constituency of Swansea East from the local police, social workers and organisations. Young women are now grooming other young women, with the fee being legal highs. Some of the stories are absolutely horrendous. The Children’s Society has done great work on that. For 63% of the housing providers who engaged in one of its surveys, the greatest problem they saw for these young people was involvement in legal highs.

[Owen Thompson]

That is very much the case. In many situations, the young people we are seeking to help and support are at a vulnerable stage of their development. There is a reason we need to give them extra help. It is about ensuring that a situation that has resulted in their being in secure or looked-after accommodation is not made worse by not putting in place extra protection to ensure we help, support and encourage their development towards the better future that I am sure we want for all young people.

Psychoactive Substances Bill [ Lords ] (First sitting)

Carolyn Harris Excerpts

Tuesday 27th October 2015 Public Bill Committees

[Carolyn Harris (Swansea East) (Lab)]

With some laboratories charging up to £100 per test for each individual product to be tested, would my hon. Friend agree that trading standards would need extra financial resources to make any future legislation viable?

[Lyn Brown]

I certainly agree with my hon. Friend. The expert panel on new psychoactive substances make it perfectly clear that those forensic science providers will only take on the work if they consider it commercially viable. The state will have to pay competitive rates if it wants to test for the psychoactivity of drugs. I would like the Minister to assure us that the burden of paying for these tests will not fall entirely on the prosecution services or local government. The Bill is a radical addition to our drugs control policy and the Home Office has a responsibility to ensure that it is not acting as a drain on already depleted resources at the CPS. Local authorities and police forces may also want to test for psychoactivity before pursuing action against local suppliers. They too need support in this area.

In the Home Secretary’s letter to the ACMD she argued that data sharing in the police and forensic community would be the key factor in the forensic response to the Bill. She also pledged that the Home Office would drive for the mechanisms to ensure data is shared efficiently. I would like to ask the Minister what progress is being made on this front. We do not want unnecessary duplication adding to the expense of enforcing the Bill, nor do we want prosecutions not be brought because prosecutors do not have the same knowledge of a psychoactive substance as a police force or indeed the Home Office.

The Home Affairs Committee report on the Bill highlighted a number of concerns regarding the expenditure needed to achieve a prosecution. The Chartered Trading Standards Institute argued in its written evidence to the Committee that proving psychoactivity in order to gain prosecution would require

“rigorous scientific testing and analysis to obtain a toxicology report detailing the specific chemical components found in the drug.”

That point was made earlier by my hon. Friend the Member for Swansea East. The CTSI estimated that the approximate cost would be greater than £100 per substance to conduct a basic test. What is more alarming is that typical head shop investigations will require multiple tests to be conducted due to the content of NPS being different in different packets of the same branded drug. One packet of something exotic bearing the same name as another packet will contain different compounds. That just will not stand up in court.

Psychoactive Substances Bill [Lords]

Carolyn Harris Excerpts

Monday 19th October 2015 Commons Chamber

[Carolyn Harris (Swansea East) (Lab)]

We can call these things what we like—legal highs, new psychoactive substances, NPSs, lethal highs—but it all amounts to the same thing: a product that is highly dangerous, addictive and readily available on our streets. In my constituency, these horrendous substances are blighting the lives of those taking them, creating havoc for the communities who have to endure the antisocial behaviour associated with them and terrifying the families of those young people who take them. Mothers have told me they fear that the next time their child walks through the door, it could be the last time they see them. The biggest problem is that we do not really know how to treat those who react badly to them.

Emergency admissions caused by these drugs have soared by 1,460% in just three years at my A and E department at Morriston hospital in Swansea. Between April and August this year, 78 people were admitted to that department, whereas in the whole of last year, 46 were treated. In 2013-14, 16 were treated. Between 2012 and 2013, fewer than five were treated. Such is the growth in numbers that Abertawe Bro Morgannwg health board now specifically records the numbers of legal high admissions.

The packaging and naming of these killers are intended to look and sound attractive. They have colourful sachets with names such as Spice, Gogaine, Exodus and Rush. They are normally labelled as “room deodorisers” and will be stamped as “not fit for human consumption”, yet I am reliably informed that staff at the head shops will often advise customers how to take them. The chemical composition of the drugs is unknown, but I would argue that all should be regarded as potentially fatal, as taking them even once may lead to lasting physical and/or psychological harm.

So-called legal highs, which can come in powder, pill or herbal form, are designed to mimic the effects of illegal drugs, including cannabis, and can have stimulant or hallucinogenic properties. Most of the drugs are produced in China, India and, to a lesser degree, eastern Europe. Many local drugs projects and local police are now running schemes that are dedicated to raising awareness of the potential risks and harms involved with taking these substances, and giving harm reduction advice to those who intend to use them. Just last week, Swansea police embarked on a roadshow of local schools to highlight the problem to years 7 and 8. The loudest message, however, must be that legal does not mean safe. I have heard stories of vulnerable people, perhaps in debt to a dealer, being used as guinea pigs to test the potency of a new batch—the term “Russian roulette” comes to mind. I have also heard of heroin dealers who are so concerned about losing customers to these new substances that they offer former addicts freebies to entice them back.

At present, substances are banned on a case-by-case basis, but with so many different versions being produced, a blanket ban is essential. Since the Republic of Ireland legislated to introduce a similar ban, the indications are that the problem has dramatically reduced. In my constituency, I have had meetings with and briefings from the police, whose hands are tied by the legality of the drugs, and trading standards, which is often the only agency that is able effectively to police the sale of these horrendous substances. There is an increase in the number of prosecutions, but analysing the products is a time-consuming and costly process. The city and county of Swansea are leading the way with good practice, as are South Wales police, but given that they have one hand tied behind their backs, they are finding the job difficult.

I urge the House to come together as one to ensure that these sickening and fatal substances are removed from our society once and for all. As a politician, I am extremely concerned about them, but as a mother, I am terrified.