Serious Crime Bill [Lords]

Steve McCabe Excerpts

Monday 5th January 2015 Commons Chamber

[Mr Mark Williams (Ceredigion) (LD)]

I would like to address my brief remarks exclusively to the proposals in clause 65 to reform criminal law on child neglect. A lot has been said about consensus, including by the Chair of the Home Affairs Select Committee, and this is one policy area where there has been a genuine cross-party consensus.

I reflect on the role of the Solicitor-General, the hon. Member for Enfield, Southgate (Mr Burrowes) and, not least, the late Paul Goggins, who did a huge amount of work on this issue. I had the privilege of working with him on my ill-fated attempt to reform this area of law through the Child Maltreatment Bill. In many ways, I am making the Second Reading speech I had hoped to make then—when a Member comes 13th in the ballot for private Members’ Bills, they are not often assured that opportunity. The Solicitor-General and I also attempted to secure a Back-Bench debate, but such was the progress with the Government, whom I endorse, that it was pulled.

My private Member’s Bill galvanised a five-year campaign by Action for Children to raise awareness of and to tackle child neglect. It has first-hand experience of too many children across the UK experiencing chronic neglect. However, I must reiterate the point about cross-party support and the role of Paul Goggins. I recall going to a meeting at the Ministry of Justice with the right hon. Member for Ashford (Damian Green), the formidable Lady Butler-Sloss and Paul Goggins to make the case to the Minister. It was a case that needed making. When we talked to officials, they were not totally convinced of the need for reform. However, the Government conceded a selective consultation and were won over by the outcome of that consultation. I commend them for that.

This is an important issue. The effects of emotional abuse have been shown to be lifelong and profound. I used to be a primary school teacher, and I could often see those early signs in the classroom. However, it moves on to neglected adolescents, who are estimated to be at least 25% more likely to experience problems such as delinquency, teenage pregnancy, low academic achievement and drug use. They are more likely than their peers to develop mental health problems and, as we know, are vastly over-represented in the criminal justice system.

In the vast majority of child neglect cases, the solution is to work with families to help parents create a safe, happy home environment where children can thrive. As part of my work, I visited Action for Children’s project in Romford and saw at first hand its family partners scheme. It is doing invaluable work with professionals working alongside families to make appropriate changes.

Sadly, however, not all cases of child neglect can be reversed through such interventions, and some cases require criminal law to punish cruelty to children. Yet, as we heard from the Home Secretary, section 1 of the Children and Young Persons Act 1933, the legislation governing this area of law, is not fit for purpose and uses antiquated terminology dating back to the Poor Law Amendment Act 1868. Though in theory the terms “mental derangement” and “ill treatment” used in the 1933 Act might have initially been directed at non-physical harm, the 1981 Sheppard ruling in another place specifically restricted the offence to children’s physical, not emotional, needs, and that has been the law for children under 16 ever since.

I welcome the fact that, as I said, the Government have gone some considerable way—they have accepted that the term “ill treat” should be followed by “whether physically or otherwise” and that it should include emotional neglect; I am sure we are all grateful about that—but we need further clarification to make it absolutely clear that the ill treatment element of the offence will cover all forms of non-physical cruelty, including psychological neglect.

Very real practicalities are at stake because having two different legal codes presents real difficulties for the police and social workers who need to work together effectively in these cases. If they do not, it is the children and young people who will suffer, particularly those young people who need a better and more holistic approach to their protection. As one police officer put it to me, neglect can be acted upon currently for people under 16 only when it leads to physical harm. Many of those same officers were confused by the term “wilful”.

As the hon. Member for Enfield, Southgate said in an intervention on the Home Secretary, the case for replacing the term “wilful” with “reckless” is strong and it makes crystal clear what we are talking about. I was going to ask the Home Secretary to reflect on this, but she indicated that she would, which I very much welcome. At the very least, we need updated guidance, with the Government stating that the term “wilful” is to be understood as equivalent to “reckless”, ensuring that criminal justice and social care professionals, as well as juries, fully understand the law.

I recently co-chaired—we all notoriously get invitations to these things—a meeting of the Westminster Education Forum seminar attended by local councillors, health care professionals, social workers, charities and the police among others, at which concerns were voiced about how the law could go too far, and how unintended consequences could happen.

We need to reiterate to those involved that this reform is not intended to criminalise vulnerable parents and carers, including those who do not have the capacity to change their behaviour; nor does it aim to prosecute parents who have difficulty physically or financially providing for their children. It is not about “bad parenting”—I use the term very loosely—although when the debate was being conducted earlier this year, that was the characterisation in some elements of the tabloid press. Neither is this about the Government prescribing how parents—I am a parent of four children—should raise their children; rather, this is about serious neglect.

I am sure that no Member would have any concerns about prosecuting an individual who persistently abused their partner or spouse, who locked them up in the evenings, forced them to defecate in a bedroom and to sleep on a bed riddled with maggots, and who refused to allow them to see their friends or wider family. How is it, then, that this kind of behaviour towards a spouse is currently considered criminal—before this Bill comes into force—but the same behaviour towards children is not? That is the issue. We simply cannot justify that.

[Steve McCabe (Birmingham, Selly Oak) (Lab)]

I acknowledge the hon. Gentleman’s efforts in this area in the past. Is not the real issue this—that we agree that the Government’s intentions are good, but unless there is a degree of precision about what we are trying to achieve through this legislation, it could become another missed opportunity, leading to the confusion on which people have rested in the past as an excuse for inaction?

[Mr Williams]

I very much agree with the hon. Gentleman. That is the challenge facing us in the short number of weeks ahead—to get this right. We have a golden opportunity. I remember going to meetings at the Ministry of Justice at the early stages, and this was not an issue or a priority. The Government have now moved a long way, and we do indeed need to use this opportunity to get it right.

The discrepancy in the current law is a barrier to the proper safeguarding of children. How are agencies meant to work together when they are not even looking for the same signs of neglect? That does not make sense. We need a common and precise definition of neglect that is understood by all agencies and includes clear reference to the emotional abuse of children. I am pleased that the Government have seen that, so I very much welcome clause 65, through which the Government have decided to tackle this issue. There remains more to be done to improve the Bill and ensure that we properly protect children from psychological abuse. In the meantime, I am heartened by the consensus among all parties on this most crucial of issues.