Previous SectionIndexHome Page


10.26 am

Ms Dari Taylor (Stockton, South): I am pleased to have the opportunity to support and speak to the Bill promoted by my hon. Friend the Member for Stourbridge (Ms Shipley). The Bill will not merely protect children and all who are vulnerable, but deal with many older people who feel that they have the right to abuse in private others who do not have the ability to protect themselves. Therefore, the Bill is profoundly valuable.

We and our society have been shocked too many times by revelations of day-to-day occurrences. No doubt, they have occurred in a minority of places, but those revelations have been heartbreaking and, invariably, repairing the damage has been almost impossible. The establishments concerned have been public--schools and care facilities--and there has been clear abuse of the privileged position of care.

Helping to develop a stable and caring home life and environment--whether in schools or public places of enjoyment, such as the scouts or the girl guides--is

26 Feb 1999 : Column 652

something that we all, as parents and people who believe that we are principled, want to do. That ensures the best start in life for all children and young people. That is obvious. We say the obvious so regularly, and achieving such a stable environment should be an obvious fact of life. However, for so many, that is not the case. Such a start in life provides the best way to achieve a well-balanced and well-adjusted society. However, we must protect the young and vulnerable from prejudicial acts or behaviour not merely because it helps us to achieve a stable society, but because that is their right.

Unlike the hon. Member for South-East Cambridgeshire (Mr. Paice), I see the Bill as clearly and determinedly establishing a right to be treated with dignity and with respect. It is valuable to have a right without question to be able to turn away and object to unwanted advances, which could well be abuse, and to have at all times and in all circumstances protection against all those who would threaten those rights. I see the Bill differently from the hon. Gentleman because I see it as implicitly and explicitly defining a right.

Mr. Paice: I hope that the hon. Lady will do me the courtesy of reading what I said. She will find that I did not say that I did not see the Bill as being about rights. I made the general point that we spend too much time thinking about rights, rather than responsibilities. I recognise that the Bill is about rights, both those that she described and those that I described--the rights of parents to expect their children to be cared for by responsible people.

Ms Taylor: I thank the hon. Gentleman. Perhaps I misunderstood him; I will read his words.

I want a clearly stated law that will deter actions that have the potential to be prejudicial or damaging. It is not a question of appropriateness but one of establishing a right that without question should be afforded to all people, particularly children and the vulnerable, who are away from the public gaze in the private worlds of education, caring or police custody. The Bill is such a law in the making. For me, it is long overdue.

Laws that embody the protection of human rights are the cornerstone of a good society. Their very acceptance, existence and operation underpin individuals and their freedom to act. Rights inevitably define responsibilities. Rights, with their accompanying responsibilities, can control the acts of all people at all times and, I hope, outline, define and control consequences. The Bill is about establishing the relationship between rights and responsibility, an easily operated means of control and the facility to enable people to grow up, develop and participate in every situation without interference from others with known abuser records.

In my previous life, I worked in care as a house mother. From that experience, I want to describe for two minutes how rights can easily disappear. I happened to work in an excellent home with staff of the highest quality. However, the very need for the existence of that care establishment was heartbreaking. The children, aged from five to 16, obviously felt discarded and excluded by the good society. It was appalling to feel that sensation when we were trying to build up their hopes and expectations of life. It was a difficult task.

During the week, in a stable, warm environment, we survived most experiences. On Saturday and Sunday, I longed for Monday to come. Whether five or 16,

26 Feb 1999 : Column 653

the children sat at the window looking at the drive, hoping that a mum, dad, friend or someone who cared about them would walk up. That was a daunting experience, especially when, as often happened, no one appeared and the child would make excuses and say, "They are busy." Seeing such young people so vulnerable and out of all the good life has produced in me a belief that we must--and I believe that we can, with the Bill--make such situations as caring, supportive and without abuse as we can. We should have taken that responsibility a long time ago.

I was only a young woman when I was asked to work at another home because someone was away on pregnancy leave. I had had the experience of a good supportive staff. I was suddenly in a home where the staff were not supportive; frankly, they were scuppering. If the first experience was daunting, the second was unacceptable. The control mechanisms were few and far between. The children were told regularly that they were naughty and a problem, that they were not people whom someone could love. That was not abuse in the sense of sexual abuse or of being slapped, but traumatising emotional abuse. Putting a six-year-old who was out of his or her family life in a dormitory where he was the only one in a room with 12 beds, and then hearing of the abuse of other staff and the absence of the care that my previous experience made me feel was normal and natural, was very distressing.

I realise that the Bill in no way protects children from uncaring people; it is to protect children from known abusers. We must all understand that known abusers are a crucially group to control. Homes for children and vulnerable people must have control and protection mechanisms so that those in their care have a chance of coming out into society as well balanced as they can, given that they have often come from broken homes or homes to which death has ensured that they cannot return.

I am pleased--more than pleased, privileged--to support the Bill of my hon. Friend the Member for Stourbridge. It seeks to ensure that all agencies--all statutory agencies; I wish it were all agencies, including voluntary ones--work together. A list--a one-stop shop--that can be effortlessly retrieved to give clear, precise guidance about employment will be operable shortly. That is an incredibly important first move towards ensuring that we afford the young and vulnerable in our society the protection that they deserve. It is the first move towards ensuring that they have rights that they can lean on against any abuse or potential abuse of which they are or could be victims, and that we can begin to prevent such abuse.

10.38 am

Mr. Philip Hammond (Runnymede and Weybridge): On behalf of the Opposition, I congratulate the hon. Member for Stourbridge (Ms Shipley) on securing her position in the ballot and on her choice of Bill. I repeat that the Conservatives will support any reasonable, sensible measures that seek to address the abuse of children and other vulnerable people. No one in the House would dissent from the view that the protection of the vulnerable, especially children, is one of the paramount duties of Parliament. However, we have an obligation to uphold the principles of natural justice, and to ensure that adequate safeguards are provided, so that any infringement of liberty that is necessary to ensure the

26 Feb 1999 : Column 654

protection of the vulnerable is the minimum necessary to ensure that protection, and that proper mechanisms are in place to review any such infringements to ensure that injustice does not occur.

The hon. Member for Taunton (Jackie Ballard) questioned whether the legislation, based as it is on maintaining the balance of probability standard of proof, was the correct way forward. I have asked myself the same question, but concluded that it is necessary--

Ms Margaret Moran (Luton, South): Will the hon. Gentleman give way on that point?

Mr. Hammond: Of course.

Ms Moran: I am sure that the hon. Gentleman accepts that the balance of probability is the correct balance, according to the Utting report, which, as I am sure he knows, provides a full and comprehensive review of the needs of vulnerable children. After that lengthy review, the report recommends the balance of probability as the basis for judgment, and the Bill follows that recommendation.

Mr. Hammond: I thank the hon. Lady for her intervention, but, if she had waited another microsecond, she would have heard me say that, after careful consideration, I have concluded that to ensure the proper protection of vulnerable young people it is necessary to stick with the civil standard of proof, rather than move to a tougher standard.

When introducing her Bill, the hon. Member for Stourbridge referred to the need to get right the balance between protection of the vulnerable and the natural justice imperative to ensure that those who are accused have a chance to answer their accusers. She is absolutely right: if the legislation is to be durable and to command public support, it must achieve that balance.

By introducing a statutory ban on employment in respect of those on the Department of Health list, the Bill brings that list into line with the existing arrangements for the list maintained by the Department for Education and Employment. It also addresses concerns which have been voiced about the lack of appeal rights in respect of both lists. In those respects, the Bill represents a positive step forward. As the Minister reminded us, the Government have already announced that they intend to introduce measures to ensure tighter controls over those working with all vulnerable people. The Bill does so only in respect of those who work with children, and I share the hon. Lady's expressed view that it is a shame that it is so narrow.


Next Section

IndexHome Page