Domestic Abuse Bill

Emma Little Pengelly Excerpts

Wednesday 2nd October 2019 Commons Chamber

[Robert Buckland]

The hon. Lady is right to remind us of the wider implications of the Istanbul convention. Much of that provision will have to be done as a matter of operation, but, again, this Bill gives us an opportunity to set the framework correctly.

[Emma Little Pengelly (Belfast South) (DUP)]

I thank the right hon. and learned Gentleman for giving way. I welcome both his comments and the fact that some of the Bill’s provisions extend to Northern Ireland. The situation in Northern Ireland is stark. Figures released in 2017 and promoted by Women’s Aid in Northern Ireland, which does fantastic work, showed that by head of the population deaths among women was the joint highest in the entire European Union. In 2018, a domestic abuse call was made once every 17 minutes. Our law is very much falling behind what is happening in England and Wales.

Will the Secretary of State engage with me and my colleagues on what other provisions could be extended to Northern Ireland to offer that much-needed protection for women—and for men and others—who are impacted by this? I ask that because of the importance of this issue and because of the absence of a Northern Ireland Assembly.

[Robert Buckland]

The hon. Lady makes a very powerful case for making sure that we use this Bill as an opportunity to extend as much protection as possible to domestic abuse victims throughout the length and breadth of our country. Scots law and my friends in Scotland have been dealing with this at length. Where it is appropriate to legislate, this House has the opportunity to act.

Civil Liability Bill [Lords]

Emma Little Pengelly Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 23rd October 2018 Commons Chamber

[Emma Little Pengelly (Belfast South) (DUP)]

Thank you for the opportunity to speak in the debate, Mr Speaker. I will try to be as brief as possible. Of course, all the Bill’s clauses refer and apply only to England and Wales, so I thank the Minister for his engagement with me about them, many of which will be of benefit, including those on access to justice at the lower end in relation to the whiplash issues and on the adjustment of the discount rate. I want to raise a particular issue on which I have engaged with the Minister on an ongoing basis: the discount rate situation in Northern Ireland.

As a result of the stagnant and stalled political solution in Northern Ireland, we have not been able to address the unfair discount rate of 2.5%. Let me put that into context. Under that discount rate, an 18-year-old with £100,000 per annum of requirements will get about £5 million to £6 million, whereas under the changed UK rate, that sum would be £9 million. We are therefore talking about a hugely significant difference, particularly for those who have suffered catastrophic injuries through no fault of their own, and it needs to be addressed urgently. Yes, the adjustment of the discount rate under this Bill will narrow the gap, but that gap will still be significant. I have asked the Minister to consider extending the Bill to cover Northern Ireland. I know the legislation will head back to the House of Lords and I understand fully the challenges in introducing this issue, but it is now clear that it could be extended. This is a non-controversial issue. There are people in need and an unfairness in place, so I ask the Minister seriously to consider extending the provision to address this injustice in Northern Ireland.

I beg your indulgence, Mr Speaker, in my putting on record the fact that today is the 25th anniversary of the Shankill bomb. That IRA bomb killed nine innocent civilians, including two children—13-year-old Leanne and seven-year-old Michelle. I just want to pay a tribute, because this Bill is about access to justice. The person who was convicted of that bombing served just seven years and was released under the terms of the Belfast agreement in 2007—that was seven years for nine innocent lives taken by that bomb. I do want to say on record that my thoughts are with the families at this very difficult time. Thank you, Mr Speaker.

Civil Liability Bill [Lords]

Emma Little Pengelly Excerpts

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons
Tuesday 4th September 2018 Commons Chamber

[Theresa Villiers (Chipping Barnet) (Con)]

In my, I hope, relatively short remarks I would like to concentrate on clause 10 in part 2 of the Bill, which concerns the proposed changes to how we set the personal injury discount rate.

I would just say one thing on whiplash claims. I hope this latest attempt at reform is robust enough to withstand the ingenuity of the more predatory elements of the claims management industry, which, I am afraid, have done much to drive up the costs of insurance for many people.

Turning to clause 10, I would like to thank my constituent Robert Rams for his briefing on this issue, as well as the insurance company Ageas and others for their helpful insights into the matters we are debating.

The case for law reform in this area is strong. The need for change has been acknowledged by not just Ministers but the Justice Committee, the NHS and a number of others. Of course we all agree that people must be properly compensated where liability for personal injury is established. That is especially important for those with life-changing injuries that leave them unable to earn a living and in permanent need of care and support.

However, the discount rate system was supposed to ensure that those who are awarded a lump sum do not end up being over-compensated because of the investment return they will receive on the capital they have been awarded. Unfortunately, it seems clear that the current discount rate is no longer delivering that outcome and that there is now over-compensation. The 100% principle, which has been raised in the debate, is not being adhered to at the moment—it is 100%-plus.

The overarching purpose of this reform must be to provide a way to set the rules that is fairer for both parties. I therefore welcome the proposal to modernise the calculation of the discount rate to ensure it reflects the reality of how claimants actually invest the money they have been awarded. The assumption underlying the existing rate of -0.75% is that claimants are likely to invest solely in index-linked Government securities, which have a minimal return. That leads to a rate that is artificially low, and damages awarded are therefore disproportionately high. Sensible, professional advice would instead see a lump sum invested in a low-risk portfolio of gilts and equities, which is what evidence suggests claimants are doing. That gives a significantly better return than index-linked gilts, so the -0.75% rate does not reflect reality.

The Bill will amend the assumption about future investment so that it is brought into line with what is more likely to be actually happening in practice. I think that is a fairer outcome, which is why I support clause 10. I have two main reasons for doing so, the first of which is that the cost of over-compensating claimants has to be met by insurance customers, thereby driving up the cost of premiums. I have already had the chance to set out my concerns on the real impact that has on young people, particularly those living in rural or suburban areas, where often public transport is not a viable means to get to work. The Financial Conduct Authority estimated that the switch from 2.5% to -0.75% was likely to cost insurers about £2 billion a year, inevitably feeding back into bigger bills for consumers.

[Emma Little Pengelly (Belfast South) (DUP)]

Is the right hon. Lady surprised to learn that, due to the ongoing political situation in Northern Ireland, the tariff reduction still stands at 2.5%; that those in Northern Ireland who suffer significant injuries continue to get less compensation than when the adjustment was made, which will also be the case in GB under this Bill? Does she agree that that needs urgently to be addressed?

[Theresa Villiers]

I am grateful to the hon. Lady for raising that point. I was not aware of it, but it is another example of how the political stalemate in Northern Ireland means that changes that need to be made are not taking place. It will be important, ultimately, for this House to consider whether we need to legislate to ensure that civil servants in Northern Ireland can take more of these decisions. I know that everyone is reluctant to move to direct rule, but we may need to take intermediate steps to ensure that these practical matters are dealt with, alongside, obviously, the issues recently raised in the planning system.

A second important reason why I think it is important to proceed with the measures in clause 10 is, as the Secretary of State has pointed out, the impact of the current situation on the NHS. A system that over-compensates claimants in clinical negligence cases inevitably swallows up resources that would otherwise be spent on frontline care. Last year, the NHS spent £1.7 billion on clinical negligence cases, representing 1.5% of spending on frontline health services. The annual cost has almost doubled since 2010-11, with an average 13.5% increase every year. In 2017-18, an additional £400 million had to be provided to the NHS as a result of the change in the discount rate to -0.75% in March 2017. I understand that if the revised discount rate set under the new procedures is between 1% and 0%, that would save the NHS between £250 million and £550 million a year.

A further reason why the changes set out in clause 10 make sense is that they would bring us into line with prevailing international practice. According to the Association of British Insurers, our -0.75% rate is the lowest of similar common law jurisdictions. Apparently, no other jurisdiction has a single rate of less than 1%, and the majority set rates in excess of 2.5%. As things stand, we are an international outlier, and the proposed legislation would remedy that.

I am conscious of the dismay felt in March 2017 when the change to -0.75% was made, seemingly out of the blue, with a sudden impact on the insurance sector and, of course, ultimately on consumers buying insurance policies. I hope that the regular reviews provided for by the Bill will help prevent such a shock from occurring again. I also welcome the creation of an independent expert panel to be consulted on the factors to consider in setting the discount rate in the future, to bring a wider range of expertise and experience to the process. We need a more transparent and predictable approach to setting that important discount rate, and I welcome the steps made to that end in the Bill.

In closing, I emphasise that it is vital for the insurance sector to pass on to its customers a new reduction in costs that arises as a result of changes to the discount rate or, indeed, the rest of the Bill. I note that companies representing a significant share of the market have provided a written commitment to the Lord Chancellor to do that, but of course it will be very important for the Secretary of State to hold them to that promise, so that the benefit of this Bill and the changes I hope it will bring into effect can be felt as soon as possible by our constituents via reduced costs in their insurance premiums, helping with household bills and providing important benefits.

Upskirting

Emma Little Pengelly Excerpts

Monday 18th June 2018 Commons Chamber

[Lucy Frazer]

My hon. Friend raises an important point, as my hon. Friend the Member for Shipley (Philip Davies) did. We are looking at a very broad area in relation to sexual offences, technology, the internet and the use of photography. These are all important issues that we are currently looking at, but this is a specific offence that we would like to get on the statute book as soon as possible.

[Emma Little Pengelly (Belfast South) (DUP)]

I thank the Minister for her direct engagement with me on this issue and commend her for the very swift action. This is a devolved issue, but it is one that should unite all parties in Northern Ireland. Will she commit to meeting me, so that the work being undertaken can be shared and we are then able to bring that forward in the Northern Ireland Assembly as soon as possible?

[Lucy Frazer]

I thank the hon. Lady and I would be delighted to meet her to discuss the legislation, so that we can work together to ensure that as many women as possible are protected.

Oral Answers to Questions

Emma Little Pengelly Excerpts

Tuesday 6th March 2018 Commons Chamber

[Rory Stewart]

To get to the nub of the hon. Gentleman’s question, there is a very serious issue here, which is that it is absolutely true that there are many more women in prison than we would like. The Under-Secretary of State for Justice, my hon. Friend the Member for Bracknell (Dr Lee), is working very hard to reduce that population for exactly the reasons that the hon. Gentleman has raised.

[Emma Little Pengelly (Belfast South) (DUP)]

While I welcome the fact that victims can ask for a review in relation to unduly lenient sentences, there is an absolute 28-day limit on that. A criminal case can be very traumatising for victims. Will the Minister consider perhaps introducing a discretion in relation to that 28-day absolute limit?

[Rory Stewart]

That is a very interesting idea. Perhaps the hon. Lady and I can sit down to discuss that interesting idea in more detail.

Parole Board and Victim Support

Emma Little Pengelly Excerpts

Tuesday 9th January 2018 Commons Chamber

[Mr Gauke]

I join my right hon. Friend in paying tribute to the victims who came forward, very bravely, and in some cases waived anonymity to encourage others to come forward. It is important that their safety be paramount. It is important that the system has the confidence not just of the general public but of victims, and this case demonstrates that there is a need for changes to ensure that that can happen.

[Emma Little Pengelly (Belfast South) (DUP)]

I also welcome the Lord Chancellor to his new position. The victims and survivors of sexual assault and rape continue to suffer the legacy of hurt and trauma for many decades and often a lifetime, which is why many people are appalled that this man will be walking the streets again after a mere nine years. I welcome what the Lord Chancellor has said about transparency, but will he give a commitment in his new role that he will do everything he can to ensure that these crimes are taken seriously by the police, prosecutors and the courts?

[Mr Gauke]

Yes, it is vital that these crimes be taken seriously. I think that there is consensus across the House and the country that they are, and certainly it is my intention that that continues to be the case.

Sentencing

Emma Little Pengelly Excerpts

Thursday 2nd November 2017 Commons Chamber

[Mr Lidington]

I am grateful to my hon. Friend for her support. I think, first, that it would be unlikely in the extreme for somebody serving a long prison sentence and with a record of violence and posing a risk to public safety to qualify for release on temporary licence in the first place, and, secondly, for anybody serving a long sentence to be able to demonstrate in practical terms that they had a continuing home residence other than a prison, and they would not be allowed to register at the prison.

[Emma Little Pengelly (Belfast South) (DUP)]

I thank the Secretary of State for his statement. It will have impacts on Northern Ireland. What intention does he have to consult in Northern Ireland? Given the unfortunate ongoing situation of no Government in Northern Ireland, how will he find a solution to ensure that full consultation can happen?

[Mr Lidington]

I am grateful to the hon. Lady and realise both the sensitivity of this issue, given the history of Northern Ireland and its current problematic political circumstances. We have notified officials in the Department of Justice of our intentions, and we will continue very close consultation and collaboration with them on the way forward so that we are confident we are addressing the particular administrative and legal circumstances of Northern Ireland. I am also happy to undertake to consult the hon. Lady’s party and the other leading parties in Northern Ireland, so that we take their views into account.