(5 years, 4 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Order. May I remind the hon. Gentleman that six other Members have applied to speak in this debate? If he speaks for much longer, they will have less than four minutes each to speak.
Okay. Forgive me; I was not aware of that fact. My point is that a hell of a lot of thought went into the strategy, most of which made it to publication.
If we could make progress in this space with women—reducing the prison population by half by 2030 was my internal private target—and if we could make a success of it, we could move into the male estate and apply exactly the same approach and principles and reduce our prison population across the board. That requires some thought on sentencing, tagging and various other punitive in-the-community options. It is difficult because of an uptick in violent and sexual crimes among men and women in recent years, which we obviously must address, but if we were to do this, we would get to a situation where our prison system, for men, women and young people, would be functioning, and doing what it should be doing—rehabilitating. Then we would get to a society with reduced crime and, more broadly, a society that we could all be proud of.
Hon. Members have roughly four minutes each to speak. I call Chris Ruane.
No. I was in Bradford Crown Court recently, where a woman was convicted of a serious offence. Between being charged and her appearance in court, she had deliberately got pregnant in the hope that that would stop her from getting a custodial sentence. [Interruption.] The judge, who pointed out to her that she had deliberately got pregnant in order to avoid a custodial sentence, was not taken in, thankfully. [Interruption.] I want the Minister to make sure that we have equality in sentencing.
Order. Whatever hon. Members’ views, the hon. Gentleman has a right to be heard.
I recently made a complaint about Judge Buckingham, who, when sentencing a woman, said that if Miss Parry was a man, he would have been “straight down the stairs”, serving a custodial sentence. The judge decided not to send that woman to prison, even though she made it clear that if it was a man he would have gone to prison.
I will end with a check on the females in prison at the moment. This is a snapshot from the Ministry of Justice of 3,300 prisoners: 943 are in prison for violence against the person, including 338 homicides. Should those people not be in prison? There are 480 in prison for violence with injury; 21 are in for rape, the victims in all cases being other women; 87 are in prison for other sexual offences; 284 women are in for robbery; and 229 for burglary. Which of those should not be in prison? Who will say to their local communities that they want those people out of prison, free to commit crimes? It is an absolute disgrace.
Why can we not have the principle that whether someone is a man or a woman, the court will treat them exactly the same? That is what British justice should be about, and I hope the Minister will preside over that system.
Order. Before I call the next speaker, I should say that I am sure everybody has noticed that four Members—from the Labour Benches, sadly—have made interventions in the debate and have now left the Chamber. That is not acceptable. I hope that the Whips in the room will take up the matter.
I have some stuff to put on the record, so on this occasion I will not.
The Corston report and others have stated that prison is rarely a necessary, appropriate or proportionate response to women who offend, and I completely agree. There is no reason why we should be locking up so many vulnerable women who have committed non-violent offences that are, in many cases, crimes of poverty.
Prison, regardless of the length of sentence, even if it is just a matter of weeks, takes away a woman’s job, home and family—everything that has been proven time and time again to reduce the likelihood of reoffending. For those who have committed dangerous offences that leave them a danger to the public, of course, custody is still necessary, but for many, many women, that is simply not the case. Indeed, the Government themselves have recognised the complex challenges that women face and acknowledged the need for change, setting out in their much-delayed female offender strategy that criminalising vulnerable individuals has broader negative social impacts, that short custodial sentences do not deliver the best results for female offenders and that good community management works.
To address those issues, the Government set out three main objectives in the strategy: fewer women coming into the criminal justice system; fewer women in custody, especially on short-term sentences, and a greater proportion of women managed in the community successfully; and better conditions for those in custody. However, despite their warm words in the female offender strategy, we have seen little from the Government about turning vision into reality.
At the end of June, the Under-Secretary of State for Justice, the hon. Member for Charnwood (Edward Argar), who is not here today, issued a written statement on the progress that the Government had made. While he stated that he wishes to celebrate what he calls “improvements”, he should be doing anything but celebrating. What the Ministry of Justice has achieved is simply unacceptable for a year’s worth of work. It just is not good enough.
The first problem that the strategy encounters is woeful underfunding, setting out just £5 million over two years in community provision for women, including an initial £3.5 million grant. Not only is that money already earmarked and allocated elsewhere as part of the violence against women and girls funding, but it is well short of what experts have said is needed.
The Government’s own Advisory Board on Female Offenders told the Justice Secretary that the strategy requires at least £20 million, a view shared by the hon. Member for Bracknell (Dr Lee), himself a former Minister, who has confirmed that the strategy is £15 million short. We often disagreed on things when he was my opposite number, but on this issue he had passion and vision, and I thank him for that.
Nor have we seen any progress on the development of the promised residential women’s centres, despite their forming a core part of the female offender strategy. The hon. Member for Charnwood told the House in his written statement that the Ministry of Justice has
“recently concluded our first phase of consultation with local voluntary and statutory agencies”,
but added:
“We will continue to consult with partners as we refine…the pilot.”—[Official Report, 27 June 2019; Vol. 662, cols 54-55WS.]
That is far from good enough.
The Corston report of 2007 made the recommendation to deliver the first network of women’s centres, and the Labour Government delivered it. We acted. We helped to develop and nurture that network, which has proven itself time and time again as a real, productive alternative to custody and has been met with praise by all those working with it.
Yet despite this body of evidence and the fact that their proposals are just a revision of the last Labour Government’s policy, the Government still feel that there is a need for an extended trial. They do not need to conduct a trial. We know that women’s centres work. Instead, they should either be getting on with their residential centres, or investing back into existing women’s centres and those who operate them to expand the network. Over recent years, it has been devastated following a series of cuts imposed by the Government’s reforms to probation, which led private probation providers to see their obligation to women as a requirement not to provide holistic support, but just to provide the option of a female supervisor.
Despite their stated desire to see fewer women in custody and on short-term sentences, the Government have also made little progress on reforming sentencing for female offenders. Women are still being sent to prison for non-violent offences where they are absolutely no danger to the public. They are still being sent to prison for poverty-related offences such as shoplifting or, quite disturbingly, for petty offences such as TV licence evasion—a point made earlier. The hon. Member for Shipley will want to know that women are sent to prison for that at a greater rate than men are.
Is that the society we want, where vulnerable women are sent to prison for petty offences such as TV licences? The Government are also still locking up vulnerable women whose needs and challenges cannot be addressed in prison. In particular, they are still locking up women who are homeless, and at a greater rate, with the number of homeless women sent to prison rising 71% from the 2015 figure.
In conclusion, last year we were promised a strategy that we were told would change the way women are treated in the criminal justice system, building on the highly influential Corston report. But a year on—a year in which the MOJ could have radically transformed the criminal justice landscape for female offenders—we have seen nothing of the sort. The Government should be ashamed of the lack of progress that they have made in the past 12 months. There is an overwhelming consensus among those who work with women and among hon. Members here today that we should be doing more to help female offenders. If this Government will not do it, a Labour Government will.
Minister, could you wind up your speech a few minutes before 4 pm, to allow the mover to wind up?
(6 years, 4 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Order. I am sure everybody is aware of the time. I intend to start calling the Front Benchers at 3.40. If the three remaining speakers limit their remarks to about seven or eight minutes, everybody should be able to speak for a decent amount of time.
It is a pleasure to serve under your chairship, Ms Ryan, and I thank my hon. Friend the Member for Birmingham, Yardley (Jess Phillips) for securing this debate. Since entering Parliament, she has campaigned tirelessly on behalf of women in her constituency and across the country, and she has pushed domestic violence up the Government’s agenda. I am in awe of her work.
Even today, domestic violence remains one of the most under-reported crimes, and in Britain one woman is killed every three days by a partner or ex-partner. According to the Office for National Statistics, four in five victims of partner abuse did not report the incident to the police last year. Although some progress has been made in recent years, victims still talk of battling to be believed by a system designed to protect the perpetrator. Even worse, the process of reporting abuse can be re-traumatising in itself. Victims talk of having to re-live the experience over and over again—first with the police and then in court, all the while dealing with the fear of reprisal from the perpetrator.
If we want to eradicate domestic violence from this country and have a truly accessible justice system, we must make that system more open and supportive to survivors of domestic violence. Today, however, we are a long way from that goal. The Government’s removal of legal aid for family law cases in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 had a catastrophic impact on access to justice for victims of domestic violence. Between 2012 and 2017, applications for civil legal aid in cases involving domestic violence fell by 20%. The imposition of a five-year limit on evidence and the restriction of evidence forms meant that 40% of female survivors were unable to meet the new requirements and were left without access to legal aid. According to Women’s Aid, the result was that victims were either prevented from fighting their cases or forced to represent themselves in person and risk being cross-examined by their partners.
In December, I uncovered figures showing that the number of domestic violence victims representing themselves in the family courts had increased by 147% since LASPO’s introduction. Recent figures from the Ministry of Justice show that the number of people without representation in domestic violence proceedings reached record levels in 2017. Imagine facing the decision between representing yourself in court, without legal support, against an abusive partner, and risking their obtaining custody of your children.
I pay tribute to the organisations, such as the charity Rights of Women and the Legal Aid Practitioners Group, that ensured that last year the Government finally published reforms to the evidence requirements for accessing the DV gateway for civil legal aid. Those changes were long overdue. However, we have yet to see a significant impact. Just 56 applications for legal aid in other family proceedings such as custody cases were made to the DV gateway in 2017-18; the figure was down from 83 in 2013-14. Can the Minister tell us what steps the Government are taking to ensure that victims of domestic violence are aware of the changes to the evidence requirements for accessing legal aid in the family courts?
Legal aid is available to victims of domestic violence on paper, but in reality the wholesale removal of family law cases from its scope means that people are now hard-pressed to find someone to represent them. Recent figures published by the Ministry of Justice show that the number of family law cases started with the assistance of legal aid has fallen by 84% since LASPO’s introduction. The figures also show that the number of legal aid providers giving support in family law cases has dropped by one third, with legal aid deserts opening up in parts of the country. The number of providers has fallen by 22% in London, but by 45% in the east of England and Wales. The devastating truth is that access to justice is simply not available for many victims up and down the country, because of this Government’s changes to legal aid.
For victims who do make it to the family courts, the ordeal does not stop there. Survivors frequently report being re-traumatised in the family court room, with the perpetrator allowed to continue their abuse by manipulating the court process. Women are still routinely cross-examined in front of or even by the perpetrator in what can be a deeply traumatising process; and outside the courtroom, survivors can come face to face with the perpetrator.
Opposition Members welcome the Government’s announcement of a new domestic abuse law, including the introduction of special protection measures for victims of domestic abuse. However, those protections must be available to victims in the family courts and not just the criminal courts.
A survey by Women’s Aid of more than 100 survivors who had been through the family courts showed that more than half had no access to special measures, and more than one third were verbally or physically abused by their former partner, in the family courts. Measures such as video links, screens and separate entrances, and exit times can be life saving; they prevent victims from being followed home by their abuser or confronted outside the courtroom. I understand that the Government have just finished consulting on the domestic abuse Bill. However, they have no reason to leave us in any doubt about where they stand on this issue. Can the Minister confirm today that family courts will be included in proposals to introduce special court measures for victims of domestic abuse, and will the Government set a deadline for when that right will become fully accessible to every victim of domestic abuse?
Of course, to support victims of domestic violence to have real access to justice, we have to do more than ensure that the courts are acting as a safe space. For survivors to come forward and access the justice process, they need security outside the court as well. We are extremely concerned about the proposals to remove refuges from the welfare system. The Government’s plans to remove housing benefit as a means to pay for refuge accommodation would remove half of refuge funding overnight. Currently, more than 10% of these women are forced to sleep rough because a place in a refuge is not available. We are calling on the Government to take those dangerous proposals off the table.
Our justice system is designed to protect the perpetrator, not the victim. Important checks and balances ensure that a person is presumed innocent until proven guilty, but they also routinely leave victims feeling like an afterthought in the process or, worse, like the person on trial. The issues raised today demonstrate the urgent need for reforms. Will the Minister commit to a wholesale review of the culture, practice and outcomes of the family courts in child contact cases where there are allegations of domestic abuse?
More generally, Labour has been pushing since 2015 for a stand-alone victims law that would enshrine the rights of victims in primary legislation. We need a victims law, rather than piecemeal reform, if we are to transform the experience of victims in the criminal justice process. More than three years ago, the Government agreed, and pledged, to introduce a victims law, but victims are still waiting. Now, instead of legislation, Ministers speak of a victims strategy, so can this Minister confirm when the victims strategy will be published? Do the Government still plan to introduce a stand-alone victims law as they promised?
Today, we have heard passionate speeches from hon. Members on both sides of the House on the need to ensure that victims of domestic violence receive the protection, support and representation that they need in the family courts. Let me now use my position to pay my respects to Claire, about whom my hon. Friend the Member for Penistone and Stocksbridge (Angela Smith) spoke so heartbreakingly and movingly. I hope that the Minister has listened to Claire’s story and the other stories raised today and realises that significant reform is urgently needed.
Could I ask the Minister to finish her speech a couple of minutes before our time is up to allow the mover of the motion to wind up the debate?
(8 years, 2 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
The hon. Lady raises the issue of what dangerous driving tragedies mean to families. When we read the victim statements, which I will address at the end of my speech, it is impossible not to want to do something.
I want to focus specifically on the law. I go back to what the then Secretary of State, Paul Channon, said in 1989, in introducing a series of changes to the Road Traffic Acts designed to make those who commit these crimes more accountable:
“We aim to ensure that the penalty matches the offence and that those who drive very badly are properly punished.”—[Official Report, 7 February 1989; Vol. 146, c. 801.]
That has been an aim of many Governments, and very good work has been done on it. In 2004 the Labour Government increased the maximum tariff for death by dangerous driving from 10 to 14 years. In 2011, and again in 2015, the coalition Government introduced various categories of death by dangerous driving, to ensure that deaths caused by texting while driving could be prosecuted as such.
Last year, 188 deaths were caused by dangerous driving and 201 were caused by careless driving. However, although three fifths of people sentenced were jailed, the average sentences were very short—less than four years. Brake, to which I pay tribute for all the work it does, suggests that only a third of people convicted of causing death by dangerous driving are sentenced to more than five years.
I have three matters to raise with the Minister today, and I am grateful that the Justice Secretary has agreed to meet us later this morning. First, why are these cases not tried as manslaughter? Involuntary manslaughter is
“where the offender did not intend to kill or cause really serious harm but where death results from an unlawful act or from gross negligence.”
I cannot conceive how driving at up to 90 mph through a residential zone, wilfully ignoring vulnerable road users and racing a car, is not both unlawful and an exhibition of gross negligence. Indeed, I have been told by Ministers that manslaughter charges can be applied to driving offences, but that they almost never are. In fact, the Library could find only two instances of such charges having been applied.
I am no lawyer, but I know how difficult it is to change the law. No one would ever want to second-guess the decisions made by the judiciary or the guidance given by judges, but it seems perverse that, even if we cannot try more cases as manslaughter, the maximum penalty for what is clearly manslaughter cannot be increased. These men killed James Gilbey as surely as if they had thrown a knife or fired a gun down a crowded street; their weapon of choice just happened to be driving 2 tonnes of steel at 90 mph. Surely the maximum tariff for causing death by the worst kind of dangerous driving, which these defendants did, should be lifetime imprisonment. That should be the tariff with which judges and juries can start to work.
Secondly, would increasing the tariff make any difference? The sentencing guidelines are clearly not allowing judges and juries to apply the existing penalties—in this case, up to 14 years. Why is it that defendants are given automatic reductions in tariffs—I do not mean only for a guilty plea; I will come to that—for not being found to be drunk or on drugs at the scene? How would anybody know whether the defendants, one of whom had convictions for the possession of class A substances, were drunk or drugged? They fled the scene. They sped off, burned their clothes and destroyed the evidence. Why do we presume that they are innocent of those charges?
I ask for something the Government have been promising for two years: will they set a date for the review of sentencing guidelines for this particular suite of crimes? Will they look at the maximum tariff of 21 years? Of course, the Government should never be entirely swayed by public opinion, but it is hard to ignore the fact that nine out of 10 people think that crimes of this sort should be tried as manslaughter. Will they commit to a robust review of the tariffs and sentencing guidelines, in order to set a direction with which the Sentencing Council can work?
Thirdly, we would like to see an end to automatic reductions in prison tariffs for guilty pleas or, indeed, an end to the automatic 50% reduction of the sentence with the remainder served on licence. As somebody who has long been involved in justice debates, I understand that we do not want to fill up our prisons to the point at which they can provide nothing by way of rehabilitation, and I am always sympathetic to Government attempts to divert people from custody. Nevertheless, in this case, in which a life was taken by people behaving so recklessly and callously, with such disregard for James as he lay dying on the road, it is absolutely right that a prison sentence is given.
Surely an automatic reduction in tariff for a guilty plea should be at the judiciary’s discretion. By the way, in this case, one of the guilty pleas was not offered automatically: as I mentioned, Mahmood denied causing death by racing until the very last possible minute, yet he was given the benefit of a reduction in tariff. In my view, those benefits—serving only half a sentence or getting a reduction in tariff—should be at the discretion of the judge and jury.
I want to leave the Minister with a question. We already have a suite of sentencing guidelines that claim to punish those who cause death by dangerous driving. Bearing this case in mind, though, just how dangerous does the driving have to be for a maximum tariff to be awarded? As my hon. Friend the Member for Eastbourne (Caroline Ansell) mentioned, these gentlemen will be out on licence within four years, and towards the end of their sentence they will of course be serving a stepped-down version of it. They will be on day release and in open prisons, and they will be back on the streets very soon. My constituents, Major and Mrs Gilbey, have been given a life sentence, as have the rest of their family. They live every day with the loss of James, a man who was walking across a road, using a pedestrian crossing. A man who stood no chance once he was in the lights of those particular cars.
I can end only by reading what Major Gilbey said:
“I want my son, I want to shake his hand, hug him and chat, laugh and joke with him over a pint but I can’t. All I can do is hold and kiss the urn that holds his ashes, talk to him through that and his pictures and light his candles. That is not enough”.
I agree that it is not enough, and I think the whole House agrees. I look to the Minister urgently to repair the situation by bringing forward the sentencing guidelines, setting a date, and setting the maximum tariff to fit the crime.
(8 years, 2 months ago)
Commons ChamberMy hon. Friend is absolutely right. We have a big issue with prisons that are out of date and not fit for purpose, which makes it more difficult for our excellent governors and officers to manage them well. I am pleased to say that this summer we were able to close Holloway prison. We have a £1.3 billion building programme. I want new modern prisons to be built in which prisoners will get the education and work they need to succeed in outside life, and to close down some of our most dilapidated and out-of-date prisons.
It is crucial that victims of crime are supported as effectively as possible. The victims code was revised in 2015. Victims of all criminal offences are now entitled to support from a wide range of organisations, as well as from criminal justice agencies. The reforms we are making to our courts will significantly improve services for victims and their families—for example, to enable them to give evidence remotely and digitally.
More than 23,000 individual crimes have been reported in Enfield during the past 12 months. For far too long, the victims of these crimes have been forgotten and ignored by the criminal justice system. Given that the Victims’ Commissioner supports the introduction of a law for victims of crime, when will the Government fulfil their election manifesto commitment to bring forward legislation on this issue?
We want to make sure that all vulnerable and intimidated witnesses can give their best evidence in court and feel less anxious. We are committed to making sure that victims of crime get the support they need. We have protected the overall level of funding for victims across the spending review period, and we announced funding of more than £95 million in 2016-17 to fund critical support services. We will bring forward our legislation, as promised, in due course.
(8 years, 8 months ago)
Commons ChamberI absolutely concur. Just on Thursday, we had action on people posing behind aliases—the Crown Prosecution Service is carrying out a consultation on the issue—and using bullying and threatening behaviour on social media. It is absolutely right that the Government continue to lead the way in dealing with bullying, stalking and using personal relationships to affect people’s futures. We will be in a dangerous place if we do not tackle that.
The Government’s recent announcement on the gender pay gap should continue to shine a light on those companies that do not do enough to ensure parity in their workforces. We need more women on company boards, and work on that continues. There has been a huge leap forward, but we can expect to wait for 70 years for full parity at executive level, and that is not right.
On the gender pay gap, a lot of women in my constituency are in part-time work, and they are typically three times more likely than men to be paid below the living wage. These women are often not well off, and I ask the hon. Lady to join me in calling on the Government and Opposition Front Benchers to do all they can to address that pay gap, which affects the low paid so badly.
On the Women and Equalities Committee, we are shining a light on that issue. On part-time work—I will touch on this shortly in my speech, which the right hon. Lady may have been reading—it is interesting that, when it comes to men, we talk about agile working, while women appear, sadly, to be the downtrodden part-timers in some places. That needs to be corrected.
We need to put a better structure in place for our carers. I was a carer to my mother, and I am a mother myself. For many people in my shoes, there continue to be too many obstacles to being at home and a part-time worker. This country needs a true carers revolution that does not penalise women or, indeed, men who choose to stay at home with their children or to look after their loved ones. I spent time with my parents at that age, and I would never, ever change that, but I had the choice.
(8 years, 11 months ago)
Commons ChamberI beg to move,
That this House notes with concern the disproportionate impact of this Government’s policies on women; further notes that, according to the Library’s data, measures in the Summer Budget and Autumn Statement have hit women three times harder by tax and benefit changes than men; notes that proposals for infrastructure investment outlined in the Autumn Statement are predominantly focused in sectors that typically employ more men than women; notes with concern that the UK gender pay gap stands at 19.2 per cent, higher than the EU average, and that the Government’s introduction of tribunal fees means that women have to pay £1,200 in order to bring forward an equal pay claim, preventing many from pursuing legitimate claims; notes concerns raised by the Scottish Trades Union Congress and the Scottish Older Women’s Commission regarding the proliferation of low-paid part-time work among women; notes that levels of maternity discrimination have almost doubled in recent years; notes the alarming rate of closures of services supporting victims of domestic violence, particularly services for BME women; and calls on the Government to affirm its commitment to ensuring that women and protected groups do not bear the brunt of Government measures, to conduct an urgent cumulative assessment of the impact of its policies on women since 2010, to take the necessary remedial steps to mitigate any disproportionate burden on women and to develop and publish a gender equality strategy to improve the position of women over the remainder of this Parliament.
At his party’s annual conference this year, the Prime Minister nailed his colours to the mast of gender equality. He said:
“I’m a dad of two daughters…you can’t have true opportunity without real equality.”
That is right. That is why Labour has called this debate to put his party’s record under the microscope, and to assess the extent to which his words are matched by the actions of his Government and his Chancellor. It is a record that is found wanting.
Whether we are talking about fiscal measures such as taxes and benefits; the labour market and women’s employment rights and chances; public spending on services and infrastructure; women’s safety; or women’s voice and influence, women of all ages and backgrounds face an insecure and worrying future as a result of Government policy. That is far from the security that the Chancellor promised would be at the heart of his spending decisions.
I suppose that we should not be surprised. After all, this is the Prime Minister who regards equality impact assessments as “tick-box stuff” and “bureaucratic nonsense”. We all know, all too well, what happens when the Government do not carry out full and proper equality impact assessments. Just two weeks ago, the Chancellor rose to deliver his autumn statement. His track record in power has been shameful. Since 2010, more than 80% of tax and benefit savings have been taken from the purses of women.
Is my hon. Friend aware that, according to the United Nations, on the current rate of progress, it will take Britain another 70 years to close the gender pay gap? Sadly, the Prime Minister’s daughters may be disappointed. Does she agree that that is totally unacceptable?
(9 years, 2 months ago)
Commons ChamberI will take a detour for the hon. Gentleman, because there are urban myths. Barbara Wagner was a 65-year-old lifelong smoker with lung cancer, who was insured—this is America—under the state plan. Her doctor prescribed medication that cost $4,000 a month which had an 8% chance of extending her life by four to six months. Her insurance health plan did not cover treatment where there was less than a 5% chance that the patient would be alive after five years. When she told her health plan provider that she would not be paying for the treatment, it informed her that one of the other options was the Oregon Act. It should not have done that, and it has since revised its notification process.
I am told that depression is often present among those who have a terminal illness. That is not surprising; if I had a terminal illness, I think I would get depressed. It is up to the two doctors to determine whether depression has driven someone to make this choice, or whether it is a free choice, and if those doctors have doubts, they can refer the patient, as part of the process, for an independent psychiatric evaluation.
Another concern is that patients will feel that they are a burden on their loved ones or the health service and so wish to exercise this option. I hope that patients do not feel that, but I cannot guarantee it. It is patronising and wrong to say that someone should be denied the choice because one factor in their decision making is that they would feel that they are a burden. They should have the choice.
To say that we hope that they will not feel a burden is not a reassurance, because hope is not enough. There is evidence that under the Death with Dignity Act in Washington state, 59% of people who went down this route felt that they were a burden on their family and friends. In Oregon, which my hon. Friend refers to as the model for the Bill, that figure is 40%. This is unacceptable.
If my right hon. Friend looks at the figures again, she will find that for those people she mentions burden was not the major factor, but it was a factor, and people should be allowed to make a decision.