Legal Aid, Sentencing and Punishment of Offenders Bill
Baroness Finlay of Llandaff Excerpts(12 years, 2 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Masham of Ilton
My Lords, in supporting the amendments, I just want to say that clinical negligence is such an important matter. I am told that one in 10 people can have a problem with clinical negligence. That should not happen. Much more care should be taken in patient safety. If there are cases of negligence, the health authorities have their own lawyers. If there is no legal aid for the patient, it means that there is not a level playing field. After all, it is all taxpayers’ money.
Baroness Finlay of Llandaff
My Lords, I sense that the House is getting to the point where this debate needs to draw to a close, so I will not go over the points that I was going to make at length, except to point out that there is a moral case and a financial case for both the first two amendments in the group. The moral case is that people are particularly vulnerable when they are in the hands of clinicians, their vulnerability being the reason that they need a clinical intervention. Therefore, closing down access to justice or compensation when things go awry seems particularly wrong.
I have a further point to make on allowing clinical negligence to come back into scope. The financial arguments, as already laid out by the noble and learned Lord, Lord Lloyd of Berwick, and in the report of King’s College London, indicate that on financial grounds alone both these amendments make sense. To repeat the figures given by my noble friend Lord Wigley, the cost to the public purse is estimated to be £28.5 million, as opposed to the £10.5 million that the Ministry of Justice hopes to save by this measure. We have heard a lot about the need to save money.
There could be unintended consequences from this calculation of increased, not decreased, expenditure. The intention behind the Government’s amendments is to be welcomed but I fear that there will be complications in, for example, trying to work out the dates of a pregnancy if a scan is not done in the first trimester. Women’s periods are notoriously unreliable as a method of establishing dates in a pregnancy, and arguments about whether it is one day or another will make life extremely difficult.
I end by pointing out that in his report Lord Justice Jackson said that of all the proposed cutbacks in legal aid, the removal of legal aid in relation to clinical negligence was the most unfortunate. He went on to state that if—in his view, wrongly—legal aid for clinical negligence was cut, then removing legal aid for expert reports would not make sound sense.
Lord Newton of Braintree
My Lords, I wonder whether I might be allowed to intervene from this Front Bench position without people feeling that I have fallen victim to delusions of grandeur of one kind or another.
I wish to make three points. First, I support the general thrust of the arguments that have been put forward by the noble and learned Lord, Lord Lloyd, the noble Baroness, Lady Grey-Thompson, and my noble friend Lady Eaton. I shall not elaborate but I think that they have made excellent points which need to be considered.
The second is to build on what was said by my noble friend Lord Cormack and, even more so, by the noble Baroness, Lady Mallalieu, about one striking aspect of the speech of the noble and learned Lord, Lord Lloyd, and indeed the note he had sent me. Had I had the temerity to intervene in the winding-up of the previous debate or had I wished to elongate my speech in that debate, I would have said that those of us who were supporting it were not hell-bent on increasing the deficit and raising the debt. The key point is that we just do not believe the Government’s figures. No one outside the Government believes that savings are going to be made on the scale that the Government claim, and in many cases we think that the deficit is going to be increased. We now have this concrete example of where the figures are wrong, and I hope that the House will bear that in mind.
Finally, one thing that sticks in my mind from this whole exercise is a seminar at which we heard from someone who had been severely damaged by clinical negligence, along with his wife. Victory in that case had enabled the wife to go on looking after the man and for him to go on having as normal a life as possible in a severely disabled state. I just ask myself how much the state saved in that one case, where the husband and wife would not otherwise have been able to go on in those circumstances. How much had been saved in terms of many years of residential care or much more extensive support from the social services department? In my view, these are the things that have not been factored into some of these calculations, and there are many others. Although not strictly related to this amendment, every child taken into care costs £36,000 a year. These are the costs that have not been factored in. I think that we are owed some better answers than we have had so far, and I hope, without much expectation, that we will get some better answers tonight.
Legal Aid, Sentencing and Punishment of Offenders Bill
Baroness Finlay of Llandaff Excerpts(12 years, 3 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Clinton-Davis
The noble Baroness has spoken from personal experience of this issue and I hope that the Minister will take into account everything she has said.
Representations on this issue have come from many sources: the Law Society, firms of solicitors practising in this area, and the National Health Service Litigation Authority. I have received—as have many noble Lords, no doubt—a letter from a firm of solicitors called Withy King, which raises two particular issues. It asks:
“What is being done to address the increase in medical negligence in the NHS and what steps are being taken to minimise the risks and ensure patient safety?”.
The Minister should address this issue. It also asks:
“What is being done to ensure that the NHSLA handles litigation appropriately, settles claims quickly, makes payments when they are due and is generally fit for purpose?”.
Again, it is incumbent upon the Minister to address this issue.
I apologise to the noble and learned Lord, Lord Lloyd of Berwick, for being absent for part of his speech. He may have addressed these issues himself—I do not know. I had to make an urgent phone call so I apologise. There is no doubt that the issues raised by Withy King are complex, but they are essential. Therefore, I hope that the Minister will focus his attention on the points it has raised, which arise out of professional experience, and that is most important.
Baroness Finlay of Llandaff
My Lords, I have my name to Amendment 36B, as does my noble friend Lady Grey-Thompson, who has sent a message to apologise that she has unfortunately been delayed, despite making every effort to get here for the opening of this debate. I hope the Minister will reflect on all the comments that have come from around the House. We have heard some very eloquent speeches packed with information. The real problem here is: what are the unintended consequences of this change and who is going to be harmed by it?
One problem is that those who stand to lose the most in clinical negligence are indeed those harmed at birth, and children, because they are unable to be advocates for themselves, and their parents are often in more financially straitened circumstances than others. In Wales we have a disproportionate number of people who are at a lower income level and have therefore been eligible for legal aid. Therefore, we have instigated a system called Putting Things Right, which has already been alluded to, which allows a speedier and more cost-effective means of resolving claims below £25,000 in value without the need for litigation.
However, the problem for patients in general is that they entrust themselves to the NHS and they expect to receive care. When things go wrong, this may be because medicine is shades of grey, but when there is clinical negligence there really is the need for some support—not in terms of redress, because you cannot undo what has gone wrong—but to help people cope. But the problem is that they are also dependent on the NHS itself for their ongoing support and care, which puts them in a different situation from those harmed by others generally, who can avoid contact with the system that has harmed them.
Public Bodies Bill [HL]
Baroness Finlay of Llandaff Excerpts(12 years, 5 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Finlay of Llandaff
As an amendment to the Motion, leave out “but do propose Amendments 53C, 53D and 53E in lieu”.
Baroness Finlay of Llandaff
My Lords, I was, of course, absolutely delighted, as were so many others—in fact everybody, as far as I know—to see that the office of the chief coroner will continue. I know that this means an enormous amount to those people who have been bereaved, who have had bad experiences, and who have campaigned tirelessly in spite of their overwhelming grief to try to ensure that others do not suffer through our coronial system the hurt and sense of injustice that they at times have suffered. It was that motivation that lay behind the Coroners and Justice Act 2009, which was passed in this House with support from all sides.
In agreeing to the office of the chief coroner, I would like formally to thank the Government and the Ministers, and while it might seem invidious to single out any two, I would particularly like to record my thanks to the noble Lord, Lord McNally, and also to Jonathan Djanogly, who is the Minister. They have both made themselves available to meet me and others at all times, and at times of inconvenience to them but when I was in London or when others could meet them. They have always been courteous, they have always listened, and they have always taken on board points that were made to them.
I would also like sincerely to thank all Members of the House who have supported the move to have a chief coroner, who have voted with their consciences in the past, who have asked questions, and who have given so much support to the drive to establish this office. I also thank, of course, the bereavement organisations such as INQUEST, the Royal British Legion, Cry and many others, the list of which is almost too long to mention. All have stood shoulder to shoulder in a campaign where at last they can see that, after more than 100 years, our coronial system will be modernised.
The chief coroner will establish independent leadership, set standards and ensure that all coroners, deputies and officers are trained. I currently have the privilege of being involved in this year’s round of training for those groups of people, and I look forward to the days when we all know, and indeed the chief coroner has made sure, that all coroners, all deputies and all officers have participated in training, which is currently voluntary but needs to be made compulsory to drive up standards.
All Members of this House will have received the letter that was circulated to us, and I would ask the Minister, when responding to me, to provide a reassurance that the appointment will now proceed without delay, and that there will not be a hiatus before these long-overdue reforms can start.
It is with sadness that I note, in the letter, the intention to exclude the appeals system from the process. If I might remind the House, the Coroners and Justice Act 2009 in Section 182 states that the appeals process, which is Section 40, is one of the provisions of the Act that comes into force only,
“on such day as the Secretary of State may by order appoint”.
That means that, in fact, the appeals system could sit on the statute without any pressure for it to be implemented until such time as the chief coroner and the Secretary of State agree that the appeals system should start. That means it could sit there for five, 10 or 15 years. I know that the Secretary of State cannot decide without the agreement of Parliament to cancel the appeals system, which is why we have this amendment before us which aims to do that, but it could just sit there.
In the letter that we have all received, cost was cited. However, I remind the House that those costings have not had an enormous modern review because they were made by the previous Government in their impact assessment in December 2008, in which they estimated that the costs of the appeal system would be £2.2 million of the running costs. However, as the Minister, Mr Djanogly, informed the other place, no further analysis has been conducted by the Ministry of Justice.
The suggestion has been made that the appeals system could be based around a tribunal—even a level 1 tribunal—which would be far less costly than the current process of judicial review. I remind the House that judicial review is a difficult and traumatic process, particularly for bereaved people to go through. It also incurs substantial costs to them. In 2009 alone, there were 12 substantial hearings and a further six renewal hearings, so the number of people who feel that they have to go to that extent is not insignificant. The appeals system as laid out in the Act would allow for appeals about coroners but not over an enormously broad-ranging aspect. It would be about the processes and decisions—particularly about whether to hold, suspend or restart an inquest, or whether a post-mortem should be conducted in the case. That system did not open the door to wide-ranging litigation but very much made sure that the system functioned properly.
I suggest that any future decision on the issue should be taken on the basis of rigorous, sound costings and careful consideration by the chief coroner himself. It would seem that leaving Section 40 out of the Coroners and Justice Act does not allow this review to happen, as it should. If this goes through, the chief coroner will be forced to address his concerns over appeals in his annual report, which will go to the Lord Chancellor. If it is recommended that there should be an appeals system, there would need to be a decision that further legislation would have to be brought through Parliament. I seek an assurance now from the Minister that the chief coroner will be required to report on both the complaints system and the views of the chief coroner on the appeals system, as far as it goes.
I remind the House that, time after time, there has been a call for an appeals system. Disaster Action, whose members have been involved in all the major disasters from Aberfan in 1966 to the Zeebrugge ferry disaster in 1987, the London bombings in 2005 and the Mumbai attacks in 2008, has said:
“It is crucial that”,
the appeals system,
“be re-instated as part of the Chief Coroner's functions. Judicial review is”,
an expensive,
“and unsatisfactory method of dealing with unreasonable decisions by coroners”.
I also remind your Lordships that the “Marchioness” disaster occurred only a stone’s throw from this House. In 1994, a Court of Appeal decision upheld the complaints by Eileen Dallaglio and Margaret Lockwood-Croft against Dr Paul Knapman, the Westminster coroner who had conducted the basic inquest. The tragedy occurred in 1989. That was five years of appeal before those bereaved relatives had any justice. I also remind the House that the Dallaglios are really a very high-achieving family. Their daughter died on the “Marchioness”, but of course their son became an international cap in rugby and has become a role model for many youngsters in the UK. The family’s perseverance is to be admired.
In its second report, the public inquiry criticised the coroner for removing the hands of victims for identification purposes and stated that this should never have happened. I will not list all the other examples. They come from the report on Hillsborough, which was debated recently in the other place, and many other reports into the conduct of inquests.
My fear in not having appeals available is that expensive judicial reviews or the difficulty of persuading the Attorney-General to exercise his or her power of fiat is not the way to signal that we recognise when bereaved people are not being treated with the respect that they deserve. I am disappointed that the Ministry of Justice has not analysed the cost of judicial review applications against coroners and their decisions. Having a High Court judge as a chief coroner, who will be welcomed universally—of that I am sure—would mean that some legal issues that currently are resolved in the administrative court could be resolved by the post-holder himself or herself in a more cost-efficient way for families and for the public purse. That direct link with the coronial system may also be a much more powerful lever than has been exercised up until now on those coroners whose way of making decisions should be reflected on by them and revised.
As best practice becomes the norm and a chief coroner is able to drive up standards and improve the way that the system works, I and many others predict that there will be a reduction in the number of disputes; complaints will be properly handled; families will be able to be represented; and, as standards rise, the need for people to proceed right through to appeal against a decision will drop, not rise. Far from creating a litigious culture and an endless right of appeal after inquests, the carefully crafted framework of the Act that we have at the moment has the potential to reduce the need for so many bereaved people to engage in expensive litigation.
I hope that no one will feel that my plea for an appeals system in any way detracts from the importance of the post of chief coroner. I will listen with great interest to the response of the Minister for the assurances that I have sought before I decide how to act tonight. I beg to move.
Baroness Finlay of Llandaff
My Lords, I have listened carefully to the debate and I am indebted to all those who have contributed to it. I feel quite humble in responding because many noble Lords have far greater experience than me in certain specific areas. The Minister has gone a very long way and we have the essence of what we need. I recognise that there is disagreement over the appeals system, but there was no disagreement over the chief coroner, and that is what we have. So that noble Lords do not remain in suspense, I have concluded that it would not be appropriate to divide the House, but I would like to make one or two concluding remarks.
The appeals system that would have been put in place would have been precisely on the finding of fact to ascertain that the process to find facts had been correct so that the correct verdict was given. You cannot have a consistent verdict if you do not have consistent facts. Indeed, for families who know all the facts, that is where they achieve closure. Some people may have ongoing difficulties and feel bitterness over what has happened, but in the coronial system if they know that they have been heard and that all the facts have been looked at properly, that marks the start they need in order to achieve closure of their grief.
I am delighted at the reassurance given that we will appoint a chief coroner with all due speed, and I am glad that the Government will heed the suggestion made by my noble friend Lord Slim that there should be a comprehensive induction programme for whoever takes the post. I also ask the Government to proceed as requested with the appointment of the relevant medical officers, because the victims of medical accidents need to know that the facts will be properly interpreted and represented to the coroner, particularly as coroners are not medically trained and are therefore dependent on the medical advice they receive.
It is to be hoped that the new charter will represent a way forward. The annual report will be read by many of us with great interest to see whether our expectations have been met. In an ideal world, in a few years’ time the annual reports will say that we have a good complaints process, that there is good resolution of complaints and that an appeals system as originally envisaged is no longer needed. I sincerely hope that there will be no need to come back to Parliament to try to reinstate Section 40, but that question remains hanging in the air tonight. I beg leave to withdraw the amendment.
Coroner Service
Baroness Finlay of Llandaff Excerpts(12 years, 6 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Finlay of Llandaff
My Lords, how many complaints were received last year about the proceedings and delays in the coroners’ courts and how are they informing the revision of the charter, given that some coroners feel that the aspirations set in the charter are unrealistic in situations such as when a second post-mortem needs to be performed?
Lord McNally
I do not have those figures, but I will write to the noble Baroness. Everything we have done in studying this process is aimed at improving the efficiency of the system. I do not think that the simple removal from the reforms of the single post of chief coroner removes the fact that we are implementing the Coroners and Justice Act 2009. We have reviewed very thoroughly. We have consulted very thoroughly, as the noble Baroness knows very well, and we believe that our reforms will bring the improvements that the original Act sought to do.
Crime: Rape
Baroness Finlay of Llandaff Excerpts(12 years, 11 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord McNally
My Lords, perhaps this is an opportune time to say from the Dispatch Box that this is certainly a case where Parliament should trust the judges, and so should society at large. Only the judge hears the full case, the full information and the full background and is able to make a proper judgment as to the required punishment. Nobody should be in doubt that the judiciary, the Government and society at large treat rape very seriously and the perpetrators will be punished appropriately.
Baroness Finlay of Llandaff
My Lords, are the Government considering reclassifying consensual sex by two people under the age of 16, given that that appears to be very different from rape? Only 5 per cent of victims feel able to report rape and, for two-thirds of victims, rape by a partner or ex-partner involves violence to the point of choking or strangulation.
Lord McNally
The case that the noble Baroness brings up is one that is best left to the good judgment—and it is the good judgment—of the authorities involved in those cases. It is extremely difficult to make broad-brush assumptions. I note what she says and, for our review of sentencing, I will take back the particular point that she has raised.
Parliamentary Voting System and Constituencies Bill
Baroness Finlay of Llandaff Excerpts(13 years, 3 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Finlay of Llandaff
My Lords, I have not yet spoken in this debate and indeed I hesitate to speak now, because I am concerned about the length of time that these debates are taking and their impact on the reputation of the House. However, I live and work in Wales and am aware of the different cultures in the different areas there. That is why I felt that I wanted to support the amendment. Indeed, the first report from the Welsh Affairs Committee of this Session starts off by saying:
“The Parliamentary Voting and Constituencies Bill will have a greater impact on Wales than any other nation of the UK. Wales is projected to lose ten of its forty parliamentary seats, a reduction of 25 per cent”.
I know that we will be debating other aspects of Wales later, but I am not sure that I will be able to be in the House because I will be at work.
The noble Lord, Lord Lipsey, has made an important point. Culturally, the area of Brecon and Radnorshire is quite different from Ceredigion, from the north and from the south Wales valleys. In considering whether to support this amendment, I looked at a map of travel times across the whole of Powys. The routes for short distances are inordinately long whichever way you go. I thought it was just my poor navigation skills but in the rain and the dark, in an area where sat-navs often do not work and there is no phone signal, getting around that area is extremely difficult.
The other aspect is that the nature and history of that community are quite different from the history and the interests of the area in the valleys further south, of the Welsh-speaking area of Ceredigion and west Wales, and indeed of the north, which has natural flows because of the new main road across into England in the Merseyside area, as we all know. It makes a great deal of sense that if we talk about representation of people through their Members of Parliament, we must consider who it is that these MPs will be representing.
To have representation of that area in Powys requires someone who, like the late Lord Livsey, was hugely respected, understands the culture of that area, can represent it and, realistically, travel around it, and does not get distracted by some of the other no less important but completely different problems that affect the other areas represented by other Members of Parliament. It is for that reason that I commend this amendment to the House.
Lord Tyler
My Lords, I think that I was under the same misapprehension as the noble Baroness, Lady Finlay, until I actually heard precisely what the noble Lord, Lord Lipsey, said. I should say that I know the constituency in question extremely well. My brother has lived there for many years, and of course Richard Livsey was one of my closest colleagues; I campaigned for him, I worked with him and for him both in the other House and in this House, and I was privileged to attend his funeral service, which was one of the most moving I have ever attended.
We should be clear, however: this amendment is not proposing that this constituency should be made an exception. It does not add to the list of exceptions. The amendment would change rule 4 for every constituency in the country. I do not understand why the noble Lord, who is usually meticulous in preparing amendments, moved it in totally different terms. It may or may not apply to the constituency of Brecon and Radnorshire but it certainly introduces a completely new rule for the whole country. Therefore, if I may say so, the noble Baroness, Lady Finlay, should look very carefully at the amendment. It changes rule 4. I understand that it may or may not apply to this constituency, but the noble Lord, Lord Lipsey, is making sure that there is a completely new set of criteria for every constituency—in Scotland, England, Northern Ireland and Wales. It does not provide for an exemption.
Coroners and Justice Act 2009
Baroness Finlay of Llandaff Excerpts(13 years, 5 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord McNally
I disagree. The savings are £10 million in set-up costs and £6 million a year in running costs. Although I freely accept that it is a big challenge for the Ministry of Justice, we believe that we can deliver the core measures in the Coroners and Justice Act through the ministry. We have put a great deal of effort into consulting on and then bringing forward a charter for the bereaved, which we hope will deal with many of the problems to which the noble Lord has referred.
Baroness Finlay of Llandaff
My Lords, will the noble Lord place a copy of the costings in the Library so that they can be independently examined?
Lord McNally
I think that I can guarantee that. Yes, I will put them in the Library.
Coroners: Terminally Ill Patients
Baroness Finlay of Llandaff Excerpts(13 years, 6 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Finlay of Llandaff
To ask Her Majesty’s Government what steps they plan to take to decrease the variation in coroners’ responses to the anticipated deaths of terminally ill patients at home.
The Minister of State, Ministry of Justice (Lord McNally)
My Lords, the Government are committed to improving the coroner system. In taking forward the changes outlined in my Written Statement of 14 October, we shall be considering the secondary legislation and guidance which governs coroner investigations. The issue that the noble Baroness raises will be included as part of that work.
Baroness Finlay of Llandaff
I thank the Minister for that reply, but how will the Government detect, evaluate and deal with the poor performance of a coroner without the long awaited chief coroner? Quite specifically, what powers are in place to influence Greater Manchester’s coroners’ anomalous ruling that the expected deaths of terminally ill patients at home must be referred to the police if the GP is unavailable to write the death certificate, tying up between 4,000 and 8,000 hours of police time annually, and causing unnecessary distress to families who have complied with the patient’s wishes to be cared for and die at home?
Lord McNally
My Lords, as the noble Baroness will be aware, the coroners’ service is under local jurisdiction and the protocol established in Manchester is something that has been decided between the coroner’s office and the police in Manchester. It does give us concern and the department intends to issue guidance under its new powers which we hope will smooth out some of the variants in how coroners apply their powers. This is one of those that will be looked at.