Monday 21st October 2019

(4 years, 6 months ago)

Lords Chamber
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Lord Farmer Portrait Lord Farmer (Con)
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My Lords, today I wish to focus on constitutional affairs, justice, family law and wider family policy—or rather the lack of it.

In the gracious Speech there was a commitment to,

“protect the integrity of democracy and the electoral system in the United Kingdom”.

Democracy’s integrity rests on freedom of speech. We must keep resisting “no-platforming” in our universities and expose the deceitfulness of the term “safe space”. Settings where ideas or beliefs with no inclination towards terrorism cannot be discussed are dangerous spaces, because they have become sound-proofed against the reality of other people’s opinions. When religious groups have no freedom of expression, democracy is defied. Thomas Jefferson said that,

“religion is a matter which lies solely between Man & his God … the legitimate powers of government reach actions only, & not opinions”.

Yet Christians in this country can lose their livelihood as a result of free and courteous expression of their faith.

Past Conservative Governments have been assiduous defenders of free speech, regardless of whether they shared the views provoking controversy. Mrs Thatcher’s Government condemned the fatwa against Salman Rushdie as,

“an attack … on the fundamental freedoms for which our society stands”,—[Official Report, Commons, 21/2/89; col. 839.]

despite the chasm between them and Rushdie. He tried to galvanise an intellectual fightback against Thatcherism and was perceived to be sympathetic to terrorism. Defending him undermined British interests abroad. Yet for Thatcher:

“Whether or not we have any sympathy with Rushdie’s views is not the point”.


The rule of law and the basic freedoms of all British citizens were her Government’s guiding principles. They must be ours.

Secondly, our democracy is being eroded by egregious imbalances in constituency size, and we have a “boundaries limbo”. Current constituencies, based on the early 2000s, have widely divergent sizes of electorates. All four national Boundary Commissions submitted their seventh general review reports, reducing 650 constituencies to 600, over a year ago. This Government’s 2017 manifesto commitment to equal seats can and should be delivered, with a new set of constituencies in place for the next general election, halting the slide into 21st-century rotten boroughs, as should repeal of the Fixed-term Parliaments Act, which prevented the current Prime Minister delivering a de facto referendum on his handling of negotiations with Europe.

Turning to justice, the Government will strengthen,

“public confidence in the criminal justice system … improve safety and security,

and strengthen rehabilitation. For rehabilitation to be strengthened, it has to be based on evidence. The Ministry of Justice found that men and women in prison who receive family visits are 39% less likely to reoffend than those who do not. When prisoners are required and enabled to maintain their family responsibilities, this can lead to profound change and improve safety and security. The Government needs to keep their foot down hard on the accelerator of progress so every prison fulfils its duty of care to the men and women it holds, and to their families and friends who visit. At best, they partner with the prison to ensure that those who have served their sentence do not return. Helping prisoners have healthy and supportive relationships is not being soft on crime. Reduced reoffending means fewer victims, lower criminal justice and welfare costs, higher tax revenues when ex-prisoners find work—and fewer children growing up with absent parents.

Children’s welfare is paramount in family law. However, it can be used to justify superficially attractive policies which may do them more harm than good. The Divorce, Dissolution and Separation Bill referred to in the gracious Speech intends to,

“minimise the impact of divorce, particularly on children”.

Removing fault from divorce is unlikely to lead to the more harmonious post-separation world that Ministers predict. Solicitors say that much conflict is actually focused on who gets the children and for how long, and on finances. Evidence contradicting government assertions that de jure unilateral divorce would not impact on marriage or longer-term divorce rates was ignored, as was the large volume of contrary responses to consultation.

That, last week’s backtracking on internet safety and the lack of family measures in proposed legislation tempts me to cynicism about the Prime Minister’s declaration that this country will become,

“the best place to start a family and send your kids to school”.—[Official Report, Commons, 14/10/19; col. 19.]

Family breakdown is the elephant in the room of social policy. In 2016, the DWP’s family stability indicator found that only 58% of all 16 year-olds still live with both birth parents. The proportion was much lower in low income households. Three-quarters of all children in middle to high-income households live with both birth parents, compared to less than half in poor households. Despite family breakdown being both a driver and result of income poverty, the DWP has stopped collecting that data.

We need a rich tapestry of family strengthening policies, not threadbare rhetoric. The Prime Minister can allay my cynicism by appointing a Cabinet-level Minister to co-ordinate family policy across government and constituting the Cabinet committee repeatedly called for since the of the noble Lord, Lord Laming, on the appalling death of Victoria Climbié almost 17 years ago.

A cross-party consensus is growing that social sustainability is as threatening as environmental sustainability. I cannot be as patient as the noble Lord, Lord Laming. I am not convinced that I have another 17 years ahead of me, and I am not inclined to glue myself to the roof of a Tube train. However, I can and will continue to press the Government hard for the family-strengthening policies we urgently need.