HL Deb 26 January 1995 vol 560 cc1183-4

3.32 p.m.

Lord Rix asked Her Majesty's Government:

What action they propose to take on the reports that people with disabilities and those looking after people with disabilities are gaoled for failing to pay council tax or the former community charge.

The Minister of State, Department of the Environment (Viscount Ullswater)

My Lords, a council tax defaulter may be imprisoned only in cases of wilful refusal to pay or culpable neglect, and after account is taken of means. The Government are conscious of the particular needs of disabled people. We have today issued a consultation paper which proposes that dwellings which are occupied solely by people who are severely mentally impaired should from 1st April 1995 be exempt from the council tax.

Lord Rix

My Lords, I am extremely grateful to the Minister for that response. I had no knowledge of that proposal before I asked the Question. On the other hand, I should still like to stress the point that there must be something seriously wrong with a situation whereby a man who is physically and mentally handicapped and suffering from cancer can be gaoled for 28 days. Because it is not a criminal charge, he would not be entitled to report his condition to the magistrates. The magistrates could pass sentence in his absence, and he would be found guilty. of a charge and debt which he might be totally unable to comprehend. Does the Minister agree that that could still happen, even with the announcement that he has just made?

Viscount Ullswater

My Lords, I cannot agree with the noble Lord. The Government share the noble Lord's anxiety for people with disabilities. I hope that the proposed changes in the council tax liability regulations that I have just announced will alleviate those anxieties. The committal of debtors is very much the last resort and should be used only when people have not met their commitments, and other enforcement measures have proved to be inappropriate or unsuccessful.

Lord Renton

My Lords, bearing in mind that the Government are anxious to avoid these unfortunate cases in the future, would my noble friend consider it helpful if somehow, when such cases arise again, the local government welfare officer was informed by the court and was asked to see what he could do to help?

Viscount Ullswater

My Lords, before the magistrates use their powers, they must try to find out all the circumstances of the case. It is only in rare instances where they are persuaded that there is some form of culpable neglect or wilful refusal that such a committal can be made.

Baroness Williams of Crosby

My Lords, will the Minister reconsider the answer he has just given? Some disturbing cases are being reported in the newspapers, including cases of single mothers who have made an offer to pay and who are then imprisoned although there is no provision for care for their children, and also cases, as mentioned by the noble Lord, Lord Rix, of people unable to make provision for disabled relatives once they are sent to prison. Given that the High Court has intervened on more than one occasion to overrule magistrates who have sent such debtors to prison, can the Minister make further inquiries to ensure that we do not revert to the 18th century structure of debtors' prisons?

Viscount Ullswater

My Lords, I understand that the Magistrates' Association is taking seriously reports that some magistrates have not been adequately advised or trained in the use of powers to imprison people for non-payment of the community charge or council tax. The Government share those anxieties and therefore welcome the association's announcement that it will be studying Mr. Justice Turner's judgment, and issuing further guidance to magistrates as soon as possible.

Baroness Elles

My Lords, is not the problem that the magistrates are not informed of the situation of the persons coming before the bench? Unless there is some procedure whereby the individual concerned can inform the bench of the disability or the disadvantage, the magistrates have to act in ignorance.

Viscount Ullswater

My Lords, if there is no show from the defendant, that puts the magistrates in a difficult position. Again, I should have thought that the further advice of the Magistrates' Association would go a long way towards assisting in this matter.