My Lords, the amendments in this group are about ensuring the best interests and welfare of the child. We must remember that children are those under 18, not just little ones. The arguments have been admirably set out by the right reverend Prelate the Bishop of Gloucester and my noble and learned friend Lord Falconer. It is an honour to follow them both.
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I simply wish to emphasise some of the points from their arguments. Like my noble friend Lord Dubs, I am a member of the Joint Committee on Human Rights, which has considered this aspect of the Bill very carefully. Over many years, the committee has supported the rights and best interests of the child, as set out in the UN Convention on the Rights of the Child, ratified by the UK in 1992. The Joint Committee on Human Rights, in its report The Right to Family Life: Children whose Mothers Are in Prison, recalls that the JCHR has produced a number of reports on the right to family life, which is one of the articles of the UN convention.
It is clear that sentencing a person to prison affects not only their life but their family. Children should not suffer when a primary carer, so often a mother, is sent to prison. The committee also pointed out that children’s voices are not heard or listened to when their mother or primary carer is sentenced, despite case law and guidelines that should ensure that their best interests and welfare are considered. The Government have promised
“an ambitious programme of sentencing reform”.
I hope the Minister tells us that the impact on children will be at the forefront of that reform.
I am also a Member of the Parliamentary Assembly of the Council of Europe and I am working on a report focused on taking the voice of the child into account in matters which concern them—an issue relevant to this Bill and one that requires more attention when legislating for child welfare and the well-being of families. It is sad that the Government do not have adequate data on the number of mothers in prison who have dependent children or on how many children are separated from their mothers by their imprisonment. Could the Minister clarify this?
When the JCHR took evidence in 2019 for the report The Right to Family Life: Children whose Mothers Are in Prison, we heard from a girl who was 15 when her mother was sentenced to prison. She told us that she wanted the judge to reconsider her and her brother when their mother was sentenced. Our committee considered there to be a lack of awareness in the criminal courts of the impact on children of sentencing their mother—if only they had considered this case, and that the voice of the child is important. The welfare of children whose parents are sentenced must be put on a statutory footing.
The Youth Justice Board points out that a specific children’s rights impact assessment has not been published on this Bill, as has been said before. An assessment of this kind would surely help to highlight the unique position of children in society and to influence relevant clauses of the Bill. The Youth Justice Board’s full vision for a youth justice system is one that treats children with respect and care. Such a system would prioritise the best interests of children and recognise their needs, capacities and potential. It would promote children’s strength and capacities and would lead to safer communities and fewer victims. It would encourage children’s active participation in resolving problems and promote social inclusion.
An emphasis on a child-first approach would not only benefit children but contribute to social awareness. The Government speak of levelling up; instead, a lack of respect for children and their potential for building a better society is detrimental to this achievement and shows the negative side of a justice system that should treat people fairly and build on the positive, rather than the negative.
The Joint Committee on Human Rights made it clear in 2019 that, when the criminal court sentences a parent with a dependent child or children, Article 8 of the European Convention on Human Rights, on the right to respect for private and family life, is affected. Can we imagine the impact of this on a child? How must they view our justice system? How will it affect their growing up? The Joint Committee on Human Rights, in its first report on this Bill, concluded that the best interests of the children are not being sufficiently prioritised as a consideration when a parent is sentenced.
These amendments seek to require sentencing judges to consider the welfare of children when sentencing their primary carer. The new clauses reflect what should happen, but sadly often does not, in order to respect the rights of the child or consider their views when a
primary carer is sentenced. The JCHR hopes that inclusion in statute will help ensure that the rights of these children will not be neglected in future.
This Bill is an opportunity the ensure that the best interests of the child are upheld when sentencing a primary carer and therefore influencing the well-being of the family. I strongly support these amendments.