Family Justice (Transparency, Accountability and Cost of Living) Bill

Phillip Lee Excerpts

Friday 26th October 2012 Commons Chamber

[Stephen Barclay]

Let me give a parallel example to illustrate my point better. The Public Accounts Committee had a hearing for the Care Quality Commission, the body set up by the previous Government to protect many of our most vulnerable—not those in child protection, but those in care homes. Yet for the first two years of its existence it did not carry out a single major investigation. Just one of its predecessor bodies carried out 15 such investigations in the preceding years. The commission even abolished its dedicated whistleblower line, so it passed its responsibilities to general staff, which is why the Winterbourne View case, which was flagged up by whistleblowers on more than one occasion, was missed. It took the BBC’s “Panorama” programme to bring that to light.

What I am driving at is that the answer to the difficulties we face is not the current fashion of having yet more multi-agency work and more partners getting involved and, when it goes wrong, everyone saying that it was not them or, as was suggested earlier, that someone has retired or moved on. That is not a new situation. Twice a week in the Public Accounts Committee we hear of vast sums of money wasted under various Governments, and almost invariably the official concerned has moved on. We have had three permanent secretaries of the Department for Transport since the last election. A former Chair of the PAC is present in the Chamber: my hon. Friend the Member for Gainsborough (Mr Leigh). I am sure he is very familiar with officials moving on—perhaps retiring—and therefore not being accountable. I support the worthy aims of the hon. Member for Birmingham, Yardley, but his proposals add more complexity to the system, and I question whether that will aid accountability.

Lower fuel bills is a particularly pertinent issue in the fens, and especially the fen villages. I take on board fully Mr Speaker’s direction that it is not the purpose of our debate today to discuss the issue of subsidies, but the best way for us to address fuel poverty is to ensure we better utilise the energy that is being produced. That is why the green deal is particularly welcome.

I should put on record a concern, however. When I spoke last week to one of the green deal assessors in east Cambridgeshire—one of the districts covering my constituency—I was concerned to learn that he is still not in a position to carry out green deal assessments of local homes, and he does not think he will be in a position to do so until the new year because the software is still not in place.

It is laudable to seek to go to level 6 of the code for sustainable homes, but my hon. Friend the Member for Bournemouth East (Mr Ellwood) drew the House’s attention to the current provision—level 3. The difficulty is that that cuts across human behaviour. We will not get to level 6 through wishful thinking; we will not get to level 6 because it is the right thing to do and it is a lovely, inspirational aim. We will get there by shifting behaviours. That will come either from expecting people to pay more for their homes—which they are not able to do—or through subsidy. Subsidy will require a shift, particularly in respect of turbines, which are decimating the fens. Bizarrely, the area has now become known as the “forest of the fens”. When the forest protests erupted over a previous Government policy, many electors wrote to me about saving the forest—which is somewhat ironic given that the fens has very few forests and is predominantly flat land.

[Dr Phillip Lee (Bracknell) (Con)]

Does my hon. Friend agree that the key point here is subsidy of energy forms? There is little justification for the subsidy of wind farms. There is much more justification for an up-front subsidy of nuclear power. Throughout the country vast tracts of beautiful countryside are being impacted upon by onshore wind farms. I would rather see a concentration of energy generation in fewer sites, and the only way we can achieve that is through nuclear.

[Stephen Barclay]

My hon. Friend is absolutely right. One of the most welcome moves made by this Government is to give a greater local say on wind farm developments—such as at Tydd St Giles in my constituency, which has galvanised the local population. The vast majority of people are deeply concerned as we already have many wind farms in North East Cambridgeshire. Fenland now produces more energy than it requires for its own needs. The local countryside was asset-stripped of most of its rural services under the last Government, and one of the few things being added to rural communities is something they do not want. My hon. Friend is right: because of the cost and environmental impact of such schemes, we should instead embrace the big-ticket energy solutions that are going to work.

--- Later in debate ---

[Dr Phillip Lee (Bracknell) (Con)]

May I begin by congratulating the hon. Member for Birmingham, Yardley (John Hemming) on bringing the Bill before us today? It appears to be his magnum opus, in terms of size and breadth, and I wish him well with its progress. I am pleased to be following the contribution by my hon. Friend the Member for North East Cambridgeshire (Stephen Barclay), which I thought was particularly thoughtful and provocative.

I will try to confine my remarks to parts 1 and 3 of the Bill. In broad terms, the Bill has merit. I am always instinctively concerned about over-regulation and creating more and more legislation. As a point of principle, I would very much like to spend time in this House discussing the removal of legislation, because I think we have way too much in this country. My particular bête noire is the tax code, which could do with simplifying some time soon. However, I understand that the central thrust of the proposals in the Bill is to do with family justice, particularly with regard to child protection.

In many ways, the Bill almost appears to have been structured so as to allow me to make a contribution to the debate. I am on the Select Committee on Energy and Climate Change. I am also a doctor who continues to practise in quite a socially deprived part of Slough, in Berkshire, and unfortunately on some occasions I encounter evidence of child abuse. I therefore feel informed enough to comment on child protection. Indeed, in my long—perhaps too long—university career of nine years, one of my theses was 10,000 words on the psychology of the child sex offender, which I wrote in 1992. In preparing that thesis, I encountered statistics about the prevalence of child physical, psychological and sexual abuse in this country, which was really quite sobering. I am therefore not, sadly, surprised at how the figures in the Savile case are growing day by day. Unfortunately, these problems have long blighted our society, so I suspect that the figures will increase and that the number of perpetrators in the public eye will also increase.

We have had this problem for a long time in our society and we have had many systems in place to try to prevent it from happening, but I am reminded of T. S. Eliot’s prose:

“systems so perfect that no one will need to be good.”

He was right: we cannot design a system so perfect, however honourable the approach in trying to do so. All of us—everyone in this House; indeed, anybody who is in close contact with vulnerable people, be they children or adults—have a personal responsibility to point out when things might be slightly awry.

[Stephen Barclay]

I fully concur with my hon. Friend about the limits of any system. No system can ever be a panacea against future risk. Does he agree, however, that the framework in which systems should be designed should be based on simplicity and clarity? One of the risks of the Bill—this was touched on in my exchanges with the hon. Member for Birmingham, Yardley (John Hemming)—is that a complex system could diminish accountability.

[Dr Lee]

I thank my hon. Friend for that intervention and I agree with him. In addition to being an enemy of over-regulation and over-legislation, I am also an enemy of complexity. Complexity always makes me suspicious. Most things in life are quite straightforward and simple; it is only when people want to hide things that they make them complex.

To follow on from what I was saying about systems, it is important that we point out when we are concerned about the actions of others whatever role we play, be it Member of Parliament, doctor or social worker. Indeed, one thing I have found rather frustrating in the recently evolving scandal is the number of people at the BBC who said that they had suspicions, but that Savile was too big and too powerful. I am sorry; I do not think that is a defence. Ultimately, we all have to be brave enough to point out concerns and follow them through to the end, and if that means putting our jobs and progression in our careers at risk, then so be it. We all make a choice to get into jobs where we have the responsibility to protect vulnerable people. If someone does not want to take that responsibility fully, they should get out of the job.

[John Hemming]

Will the hon. Gentleman accept it from me that my objective in the Bill is actually to keep things relatively simple? Will he, as a doctor, say whether he thinks it would be useful to have a system to ensure that when a doctor feels that a child in care whom they are treating is encountering problems, they should have a mechanism for getting answers?

[Dr Lee]

Yes, that warrants consideration and has merit. I shall relate two instances that I recall. One was when I saw a 10-year-old child who presented having been self-harming—let us think about the idea of a 10-year-old child constantly using a razor blade on his wrist—and the other was when I examined an eight-year-old child, as I recall, and had to keep noting down evidence of cigarette burns. Both children had been in the care of their biological parents, I recall. It is all very well looking at evidence in the literature, but when one actually meets the child—when one looks at the child’s face and into their eyes—and encounters such evidence first hand, it is a genuinely heart-rending and extremely difficult thing to deal with. Indeed, I had some difficulty containing my anger at some points.

Moving on, as I said, I want to talk about parts 1 and 3 of the Bill. I particularly want to discuss grandparents’ access to their grandchildren. I am sure that the House will be surprised to learn that I had a spare hour at the weekend, and that I chose to spend it watching an episode of “The Waltons”, the famous 1970s television series. Those who have had the pleasure of watching it will recall that the Walton family all lived under the same roof. The grandparents, the parents and the seven children all lived in the same home. Part of the programme’s charm comes from the sense that the family is taking care of the vulnerable—the very young and the very old.

I was listening to the “Today” programme this morning. It has been running a series of short reports on social care in different countries, and today’s contribution was from the United States of America. I was struck by a suggestion that there could be a return to a Waltons model, with grandparents living under the same roof as their children and grandchildren. I suspect that that will also happen in this country. Putting aside the debate over the need to be able to afford a big enough house to accommodate such an arrangement, I believe that that is the likely direction of travel, given the ageing of our society. That demographic and sociological change could lead to an increase in contact between grandchildren and their grandparents.

[Lyn Brown (West Ham) (Lab)]

Does the hon. Gentleman see, as I do, any irony in his talking about the Waltons’ rather large family living in rather desperate circumstances, working hard and doing their best, given the current proposals to cut benefits for families that have more than two children? What effect would that have on the impact on children that the Bill is trying to mitigate?

[Dr Lee]

I might be wrong, but I was not aware that any of the Walton family was receiving benefits. Indeed, I recall an episode in which Grandma was railing at an individual for coming into the village and suggesting that the state should take responsibility for the family. Grandma’s point was the family had that responsibility, not the state. I would encourage anyone who shares Grandma’s view of the world, because it is a more sustainable model for the future.

Returning to the Bill, I understand that grandparents do not at present have an automatic right to have contact with their grandchildren. The Library note informs me that they may apply to a court for leave to apply for a contact order, unless an exception to the requirement to obtain leave applies. Clause 2(4) of the Bill states:

“Grandparents shall be permitted to have reasonable direct and indirect contact with their grandchildren if the child so wishes without this contact being supervised unless it is not in the interest of the welfare of the child.”

That proposal has merit, and I support it. Grandparents up and down the country are experiencing difficulty in gaining access to their grandchildren—following the divorce of the grandchildren’s parents, for example—and that situation needs to be looked at. Grandparents have an important role to play in the upbringing of children—I believe that “The Waltons” provides evidence of that—and, in the increasingly atomised world in which we live, it is important that they should have that contact. The hon. Member for Birmingham, Yardley is to be supported in progressing that proposal.

I also want to mention Criminal Records Bureau checks, another bête noire of mine. CRB checks are an example of the knee-jerk reactions to awful circumstances that Governments seem to have, rather like the banning of handguns post-Dunblane. Banning them did not mean that they no longer existed. I can think of a whole series of examples in which the Government thought that they could intervene to stop bad people existing and to stop other things occurring.

Working as a doctor, I have had personal experience of CRB checks. I tried to start working at Feltham young offenders institution, but it took me six months to get clearance to work there. It was an absolute disgrace.

[Stephen Barclay]

May I draw my hon. Friend’s attention to an ongoing issue relating to CRB checks? It involves unnecessary duplication. I represent a constituency on a county border with Norfolk and Lincolnshire, and with the Peterborough unitary authority. We frequently find members of staff, such as taxi drivers taking children to schools in Peterborough and elsewhere in Cambridgeshire, having to apply for multiple CRB checks, which have no value. They merely add cost and often delay the ability of those people to do their work while they wait for the checks to be carried out. Government guidance clearly states that the checks can be grandfathered, but Conservative-run local authorities, including my own, have been reluctant to do that. Does my hon. Friend agree that such cost, delay and unnecessary bureaucracy are not improving child protection?

[Dr Lee]

Of course. They lead to the inefficiencies that my hon. Friend has so eloquently described, and they blight the lives of innocent people. A gentleman who came to my constituency surgery had had an allegation made against him by a young child, but the allegation had been thrown out. The child’s father had said that she had made it up, yet the allegation had been recorded on the gentleman’s CRB form. He had never been charged with anything, or convicted. The result was that he was no longer able to do his job, which involved working with children, and he lost his career.

I can understand why we went down the road of introducing CRB checks, but they are clearly not working. They are leading to incredible inefficiencies. I want to put it on record today that in 10 years’ time we will probably look back and see that further scandals involving children—paedophile rings and the like—have taken place, even though we have carried out CRB checks on numerous individuals, the great majority of whom want to do the right thing. The scout leaders, teachers and people visiting schools will have been delayed or prevented from doing their work by those checks.

[Stephen Barclay]

Given that Jimmy Savile was given keys and his own room at a hospital, one suspects that he would have passed a CRB check. Indeed, he might well have done so.

[Dr Lee]

I thank my hon. Friend for that intervention. As a junior doctor, I worked at Stoke Mandeville hospital, and as a Member of Parliament I represent Broadmoor hospital, which puts me in a unique position. I met Jimmy Savile in a hospital corridor at Stoke, and I have visited Broadmoor. It is beyond comprehension that he was given a set of keys enabling him to move around Broadmoor. The most remarkable decision was to give him responsibility to oversee the management of one of this country’s three high-security hospitals. I would like to know who made that decision at the Department of Health, which was at that time responsible for that hospital. I suspect that Jimmy Savile probably would have passed his CRB check, because he had not been convicted of anything, and that is my point. Why put in a system that will not prevent what it seeks to prevent?

[Mr Ellwood]

This CRB issue is very important. The fact is that one local authority does not recognise a CRB accreditation from another local authority. For example, my sister taught at one school and yet she had to pass the CRB accreditation process to pick up her children from, and use a minibus at, another school. Would it not make sense to have a CRB system whereby accreditation is recognised nationally?

[Madam Deputy Speaker (Dawn Primarolo)]

Order. I know that the hon. Member for Bracknell (Dr Lee) realises that he needs to come back to the Bill. Although he and other Members may be tempted to discuss CRB checks in general, they can do so only in so far as they relate to the Bill and not with regard to a rewriting of the scheme.

[Dr Lee]

Thank you, Madam Deputy Speaker. In answer to my hon. Friend the Member for Bournemouth East (Mr Ellwood), I have had a CRB check on more than one occasion, which is remarkable. I agree that it would be nice if the checks were portable.

To bring the subject back to the Bill, my point is that we should be cautious about anything to do with CRB. The central thrust of the argument of the hon. Member for Birmingham, Yardley is to protect the child, and I am not convinced that CRB checks do that.

Part 3 mentions fuel poverty. As I have said, I serve on the Energy and Climate Change Committee and, on the day on which EDF has announced an 11% increase in fuel prices, the cost of fuel is of great importance to every family throughout the country. I think that that is why the definition of fuel poverty and, indeed, poverty need to be carefully drawn up. On poverty, most of us can only really talk about the experiences of people we know. My grandfather was born into what I would describe as poverty: he did not have running water or a toilet, he shared a tap with six other cottages, and there was no electricity. That was in the 1930s in this country. He also shared a three-bedroom home with eight siblings. I would describe that as poverty.

Today, I struggle with the definition of what poverty is, and I draw on professional experience in making such comments. I have made home visits to pretty socially deprived parts of Buckinghamshire and Berkshire, one of which was to somebody who had a fantastic plasma screen TV—I think it was bigger than the one that I am fortunate enough to possess—but no carpets. Ultimately, when we draw up a definition of poverty, we have to bear in mind that attitude and choice make a profound difference to how much money people then have left to spend on fuel.

There are some difficulties with the current definition of fuel poverty in the Warm Homes and Energy Conservation Act 2000. The Library briefing paper highlights how the definition relates to problems with fuel prices, household income and dwelling condition. The conditions of the dwelling are the responsibility of the dwellers to some extent. The individuals in the social housing flat that I visited had made a choice to spend money on equipment for a fantastic audio-visual system and Sky subscriptions, and not to spend it on carpets. Does the fact that they are no longer able to afford a properly insulated flat—which it is not if it does not have carpets—mean that they are in poverty or not? On the definition of fuel poverty, which is what the hon. Gentleman seeks to address, let us not shy away from the reality that there are people in this country who make perverse decisions on priorities for home expenditure. If we can deal with that, we may go some way to dealing with the problems of fuel poverty.

I cannot conceive of a situation whereby anybody in this country is as poor as my grandfather was. If they are as poor, that begs the question: where does the £3 billion-plus per week spent on the welfare state go? We spend a significant sum as a proportion of our gross domestic product on welfare payments, so if there are families and individuals who are genuinely without enough finance to pay for food and heating, I suggest that the system is not fit for purpose.

Energy efficiency is mentioned in the Bill. I do not need any convincing that improving the efficiency of both residential and industrial properties is the lowest-hanging fruit in trying to reduce families’ energy bills, and indeed in reducing the cost of energy to the country, given that we import so much of it. I totally agree with the hon. Gentleman in that. I expect that there will be cross-party support for that principle. If the finances allowed the Government to subsidise and incentivise anything, I hope that it would be the proper, fuel-efficient insulation of properties. The Government’s green deal is a good start in that direction, and I hope that there will be more work in that area.

I am not 100% sure that microgeneration is the way forward. Combined air conditioning and water heating pumps are a good idea, and I visited a site in Norway where they were being made. I believe that work on that would be beneficial. Ultimately, we need to find a way of generating our electricity in the most cost-effective, efficient and low-carbon form possible. As I said in an intervention earlier, nuclear is the only option that ticks those boxes. I do not know the hon. Gentleman’s personal position, but I know that his party has some reluctance in the nuclear arena. They should revisit the matter, because as far as I am concerned, the science, engineering and everything else points to nuclear being the solution. If we could bring about the most cost-effective possible installation of nuclear power stations, energy prices would become more stable and affordable in the medium to longer term for families up and down the country. The fuel poverty that is mentioned in the Bill would therefore become less of a problem.

[Stephen Barclay]

Is not the point that my hon. Friend is driving at about the consistency of policy across Departments? Our coalition partners rightly share our desire to address fuel poverty, which is addressed in the Bill, but their reluctance to embrace nuclear is leading to a funding model that will drive up the costs of energy and go against that shared desire. That inconsistency of aims among Departments goes to the heart of his comments.

[Dr Lee]

I do not want to stray too far from the subject of the Bill, but if we spend huge amounts of money on our energy, whether via subsidy or not, that will lead to families struggling to meet their bills. We have to revisit how we are setting about securing sustainable and low-carbon energy generation that the country can afford in the medium to longer term. I suggest that there certainly needs to be more work on nuclear energy.

[Mr Ellwood]

The fundamental questions in the argument about fuel poverty are about how we generate energy, the security of supply and the costs, including the knock-on costs to the general public. Does my hon. Friend agree that had the last Government taken some of the bigger decisions about nuclear energy, the cost of Britain’s overall energy package would be lower and fuel poverty would not be such a big problem today?

--- Later in debate ---

[Dr Lee]

My hon. Friend is spot on. One has only to look at how many Energy Ministers there were under the last Administration to see that energy was never a priority until rather too late in the day. The problem with the majority of forms of energy, particularly the low-carbon ones and especially nuclear power, is that there has to be a decade-long perspective. The idea that we can press a button and then open a nuclear power station the following year is plainly nonsense. Remarkably, in 2003 an energy review by the then Government concluded that nuclear power did not have a role, although by 2007-08 they decided that it did—the policy was all over the place. We know that the current Government received a pretty ropey inheritance across the board from the previous Administration, but the situation regarding energy generation is truly challenging and something we must think about. Despite the fact that our inheritance from the previous Government was so bad, in future we will need cross-party agreement on nuclear power. There is a desperate need for a large number of nuclear reactors.

[Jim Dobbin]

As an Opposition Member who has a 27-turbine wind farm in his constituency, I understand and accept the need for nuclear energy to fulfil the capacity that the nation will require in the future. I agree with the hon. Gentleman and let him know that some Opposition Members do support nuclear energy.

[Dr Lee]

If I gave the impression that all Opposition Members are to blame, I apologise. When trying to address fuel poverty, energy generation is clearly significant. We are entertaining the idea of paying a significant strike price to EDF for nuclear power stations, and I encourage all Ministers engaged in those negotiations not to pay that but to step back, burn some gas and buy us some time, in order to get it right and so that families up and down the country can afford fuel to heat their homes.

Let me return to social housing and the drive towards energy efficiency, which I am sure the hon. Member for Birmingham, Yardley agrees with. I attended part of the Opposition day debate last Wednesday, and the hon. Member for Glasgow North West (John Robertson), who sits with me on the Energy and Climate Change Committee, made a valid point about the quality of some social housing flats in his constituency, and how difficult it is to insulate them and introduce the energy-efficient measures that we would like to see in all homes up and down the country. We may have to reflect on such matters when considering how we build social housing in the future, as well as on the amount of social housing that needs to be built.

Our inheritance of housing stock from over the past 30, 40, 50 or 60 years—I am not blaming either side of the House for this—is not up to scratch. If we are to reduce our need for foreign energy imports, and reduce our carbon footprint in the medium to longer term, our housing stock and the quality of our buildings must be improved. That may require significant investment from the private and, I suspect, the public sectors, to arrive at a point where all in this country have energy-efficient homes.

In conclusion, I believe there is some merit in the measures included in this rather extensive Bill promoted by my hon. Friend the Member for Birmingham, Yardley. I support him in that and believe in anything that supports families and keeps them together. Even where there has been divorce, families can still retain some cohesion. We see children from broken homes manifested up and down the country—how many times do we see such cases on our screens on the Jeremy Kyle show and so on?—and children are growing up in environments that have no male or senior family role models. Anything we can do to alleviate or improve that situation gets my support.

Finally, on energy and fuel poverty, I say again that we need to redefine what poverty is in this country. If we do not, how on earth can we set about eradicating any problems that may still exist in 21st-century Britain?