My Lords, we have come back to a clause that was much debated in Committee. While we very much welcomed Clause 65 and the change to make clear that it is a crime to inflict cruelty which is likely to cause psychological suffering or injury to a child, we also supported amendments tabled at the time by the noble and learned Baroness, Lady Butler-Sloss, and called for by various children’s organisations, to further update the offence. As I understand it, those organisations, and indeed we ourselves, welcome the amendments that the Government have tabled and the explanations they have provided.
However, I would like assurances on a couple of issues. First, our original amendment further defined the scope of the offence by adding the words “physically or emotionally ill-treats, physically or emotionally neglects”. As the Minister has said, the Government have now tabled an amendment to clarify that the behaviour necessary to establish the ill-treatment limb of the offence can be non-physical, and we welcome this.
Another change relates to Section 1(2)(b) of the 1933 Act which makes specific provision about liability for the child cruelty offence in circumstances where a child under the age of three has suffocated while in bed with a drunken person. Again, the Government have listened to the Committee amendment and extended the provision to cover circumstances where the person is under the influence of illegal drugs, and it applies also where an adult suffocates an infant while lying next to him or her on any kind of furniture or surface. Again, this is welcome.
The Committee amendment would also have removed the reference to unnecessary suffering, which somehow suggests that the suffering of children may otherwise be necessary, and replaced it with a reference to serious harm. We understand the Government’s concerns that the overall impact of the amendment would be to raise the threshold of unnecessary suffering to serious harm, but we would like to hear more of the Government’s thinking after having given further consideration to the Committee amendment. We would like assurances that the difficulties with the term “unnecessary suffering” will be sufficiently addressed while also making sure that the threshold for harm is not raised.
Finally, the Committee stage would have defined the word “wilful”, which many have criticised as too difficult to interpret. Here, the Minister said that the Government felt that the concerns raised would be best dealt with through guidance rather than by amending the legislation. In the light of that, we would like reassurances on the following points: namely, that the police and others within the criminal justice system will be made fully aware of the change in law so that they understand the impact of psychological abuse; that guidance and directions will directly address the case-law definition of “wilful” to secure absolute clarity, including on the inclusion of “reckless state of mind”; and that that will be communicated to all parties. I hope that the Minister will be able to provide the assurances that I seek.