(4 years, 5 months ago)
Lords ChamberMy Lords, I support Amendment 292P, so ably introduced by the noble Lord, Lord Thomas of Gresford. As the noble and learned Lord, Lord Falconer, bleakly pointed out, the history of royal commissions under this Government is not particularly promising, which will not give much hope to the mover.
In the 2019 Queen’s Speech, as the noble Lord, Lord Thomas, said, it was announced that there was to be a royal commission on the criminal justice system, towards the cost of which £3 million was made available. But it has yet to materialise, as the noble Lord, Lord Wolfson of Tredegar, can testify, because I regularly ask questions about the discourtesy to Her Majesty the Queen of asking her to announce something that the Government had no intention of implementing, judging by their continued failure to announce either its terms of reference or the name of its chairman.
I say this in the certain knowledge that the Minister will ask for this amendment to be withdrawn, as different Ministers have throughout Committee on this Bill, notwithstanding the obvious degree of consensus throughout the House in favour of one amendment after another.
My Lords, this has been an interesting debate, and it is so interesting to see such support around all parts of the House. I pay particular tribute to the noble Lord, Lord Ramsbotham, and his dogged determination to find out what happened to the royal commission that the Queen announced and that the Government have put on ice. We will talk about that perhaps a little later.
In thanking all those who have contributed, my only other comment goes to the nay-saying of the noble and learned Lord, Lord Falconer, whose argument is that there is no point in having it because we are fearful of the Government. I believe that politicians need to be strong, and I think that, in this instance, there is a case for us all together being strong in our determination. If we can do that then we can carry this forward.
The Bill does not simplify or streamline the process of sentencing. It adds to the piecemeal and confusing history of sentencing legislation—of which, perversely, the Government themselves are most critical—and guarantees the continuation of general sentence inflation, which has stretched our prison and probation services to the limit. Several of the proposals in this Bill have been inspired by exceptional individual cases, but law made on the basis of reacting to exceptional cases has contributed to the piecemeal approach to sentencing for many years. It is time to step back and rethink in a rational way. I suspect that, later this evening, we will be confronted with exceptional casework.
Over the last two decades, the nature of the prison population has changed considerably, precisely because Parliament has increased the severity of sentencing. The Prison Reform Trust estimates that sentencing changes alone have added around 16,000 people to the prison population since 2003. The Government’s own figures show that average sentence lengths are now over two years longer than they were in 2007. We are now faced with an increase in the prison population, giving rise to more self-harm, violence and overcrowding, and for an increase in family breakdown, which in turn affects prisoner mental health and the risk of increased reoffending. There are, of course, some good things in this Bill, but the pendulum has swung to the retributive side away from the rehabilitation side of our justice system. The balance between these two has been further eroded.
In practice, all Governments since 1990 have produced laws which seek to change the way in which we punish offenders. Being “tough on crime” has always been delivered but only rarely has being “tough on the causes of crime” been delivered. If this Bill does not achieve the balance between these two phrases, we certainly need a fresh look at what needs to be done. It is absolutely right to ask this question, one I think the noble and learned Lord, Lord Thomas of Cwmgiedd, was hinting at: how can the Sentencing Council be expected to advise on the right period for retribution between different categories of crime, when the punitive part of different sentences has changed so dramatically?
The Government have told us that the reason for this legislation is that current sentencing policy is complex, ineffectual, difficult to understand, insufficiently focused on public safety, and guilty of tying the discretion of judges. Those are all taken from government statements. I agree with these characterisations—so does the evidence stand up that this Bill will turn these factors round? Will it make sentencing simple, effective and easy to understand? Will it have a focus on public safety, and untie the hands of judges to increase their judicial discretion? If not—and I shall demonstrate why not in a moment—we most certainly need an independent inquiry into our sentencing policy. We need to understand the elements which would provide the legal and moral principles to underpin the sentencing regime.
Does this Bill meet the Government’s own ambitions? I hope the Minister will answer these questions. Does it reduce complexity? It is quite obvious to me from sitting through this Committee and seeing the Bill’s progress through this House that that is a big no—it has actually made it more complex, not less. Will it ensure effectiveness? The Bill dwells on public protection and reconviction; it does not dwell on whether sentencing policy can best deliver improvement in public protection and reconviction matters. That is the bit that is missing.
Will it make sentencing easier to understand? The additional complexity introduced by this Bill means that it will be less, not more, likely that this ambition will be met. Will it improve public safety? Longer sentences may do so, but the regime does little to ensure that the levels of reconviction are reduced.
The last test that it sets for itself is whether it is going to increase the judicial discretion of our judges. That is probably one of the most surprising ambitions that I have heard about this Bill. The Government are anxious to make one of the key aims of their policy to remove judicial discretion in relation to repeat offences. Added to this are the prescriptive sentences proposed in this Bill. Mandatory minimum sentences are a distortion to the sentencing process, as the Bar Council states, because they
“fetter a judge’s discretion to impose a sentence that is commensurate to the offence”.
Alongside that, of course, we need better data; the noble and learned Lord, Lord Falconer of Thoroton, moved an amendment to get better data. We need to understand the effectiveness of rehabilitation activity, and to do that we need data—this in turn will have an effect on the sentences handed down by the courts. This is a key area for the proposed royal commission. It will also need to examine a policy of having a sentencing policy based on the evidence of danger and harm—for example, a crime/harm index of the kind used in Canada.
This amendment provides an opportunity for a detailed look at our whole sentencing policy, set apart from the political maelstrom so amply exampled by my noble friend Lord Beith, a maelstrom of which we are all a part. Set apart from us, it can make recommendations for a coherent policy underpinned by a sound philosophical base.
The noble Lords, Lord Ramsbotham and Lord German, also referred the Committee to the lack of progress on the royal commission on criminal justice. The noble Lord, Lord Ramsbotham, chided the Government for having been discourteous to Her Majesty by having her make in this place a commitment on behalf of the Government which the Government had no intention of fulfilling. As I understand it, with the onset of the Covid pandemic and with resources being limited, a decision was taken to slow the work in that regard. There certainly has been no departure from the manifesto commitment.
In answer to a question—I cannot remember whether it was asked by me or by the noble Lord, Lord Ramsbotham—I was told that all the staff who had been allocated to the royal commission had been reallocated to other duties. Rather than slowing it down, it has been stopped, surely.
The noble Lord makes a useful point. I did not have the fact, to which he referred your Lordships’ Committee, that all staff had been reallocated, but, as I do not have that fact, with the noble Lord’s leave, I will make inquiries and commit myself or my colleagues to write to him.
I commend the noble Lord, Lord Thomas of Gresford, for his commitment in relation to these important and difficult issues, expressed today as they have been on many other occasions in the past, but I offer the Committee the assurance that the Government are already pursuing a range of programmes and reforms in these areas and therefore consider a royal commission unnecessary.
A sentencing White Paper published last year set out the Government’s proposals for reform of the sentencing and release framework. Work is under way on the non-legislative commitments made there, and legislative proposals are being delivered by the body of the Bill. The White Paper was clear that the most serious sexual and violent offenders should serve sentences that reflect the severity of their offending behaviour—that, of course, is nothing more than the object of all sentencing exercises.
In answer to the point raised by the noble Lord, Lord German, about minimum sentences, we consider that there is room for minimum sentences in the overall statutory framework. I note that proposed new subsection (2)(h) acknowledges this, in that it seeks to review
“some mandatory or minimum prison sentences”
but not the overall principle by which Parliament dictates that some sentences will be mandatory. Minimum sentences have a place in the sentencing framework, particularly to deal with persistent behaviour that blights communities. These sentences are not technically mandatory; they are a mandatory consideration that the court must make before passing a sentence, and it is important to note that the court retains the discretion to ensure that individual sentences are commensurate with the seriousness of the offence. Clearly, there are appellate procedures relating to sentences which do not adequately reflect the seriousness of the offence.
However, the White Paper also makes it clear that properly robust, effective and trusted community-based sentencing options are equally as vital to protecting the public and to supporting confidence across the system and are a way of breaking a cycle of reoffending, which often will lie with these community solutions. It sets out a number of community sentencing measures to support rehabilitation, and it is made clear that this was a fundamental aim of its more targeted approach to sentencing, diverting low-level offenders away from criminality, whether this be with treatment for mental health issues, drug or alcohol misuse, more effective use of electronic monitoring, or problem-solving approaches to address offending behaviour. This work will also be supported by our recent reform of probation services, bringing together the management of offenders of all levels of risk into one organisation and delivering a stronger, more stable probation system that will reduce reoffending, support victims of crime and help keep the public safe, while helping offenders make positive changes to their lives.
The royal commission that the amendment sets out would look to address the particular needs of young people and women in custody. I again recognise the noble Lord’s laudable intention with regard to these cohorts of offender, and I commend him for this. I reassure the Committee that we are already taking action to support these vulnerable offender groups.
The youth justice sentencing framework already makes it clear that custody should be used as a last resort for children, and measures in this Bill make more rigorous community sentences available with the intention that those sentencing should have more confidence to give community- rather than custody-based disposals, where appropriate. We are also continuing to reform youth custody so that children are safer and better able to lead positive, constructive lives on their release from the penal system.
The aims of our female offender strategy are to have fewer women coming into the criminal justice system and fewer women in custody, with more female offenders managed in the community and better conditions for those in custody supporting effective rehabilitation. Publication of the strategy was the start of a new and significant programme of work intended to deliver better outcomes for female offenders, and we are making good progress.
The noble Lord’s amendment also seeks to address the overrepresentation of ethnic minorities in the criminal justice system. The Government recognise that this is a deep-rooted issue and that the reasons behind these disparities in the representation of different ethnic groups in prison are complex. We have a broad programme, intended to draw together the wide discourse on disparities, such as the findings of the Lammy review, the Commission on Race and Ethnic Disparities report and the inspectorate’s race-thematic reports. We are clear that we wish address race disparity wherever it appears.
Finally, as to the state of prisons, illustrated by the noble Lord by reference to the Berwyn prison but intended generally, the royal commission proposed would also make recommendations to reduce the prison population, overcrowding and prison violence. In one of the largest prison-build programmes since the Victorian era, we are delivering an additional 20,000 prison places by the middle of this decade through the use of around £4 billion of funding. We will continue to monitor the need for prison places over the coming years to ensure that there is capacity to meet demand.
In relation to the important matter of prison violence, to which the noble Lord made reference, we have increased staffing levels in prisons and are improving how staff identify and manage the risk of violence. We will continue to deliver our £100 million investment in security to reduce crime in prison, seeking to clamp down on the weapons, drugs and phones that fuel prison violence.
In July, we also announced our intention to publish a prisons White Paper. It will set out our ambitions for prisons, considering information learned during the pandemic and setting out a longer-term vision for a prison system that fulfils its objectives of being safe and secure and cutting crime.
I regret that the specific matters of recruitment of prison staff to which the noble Lord referred are outwith my ability to answer at this stage. However, as with other noble Lords, if he will permit, I will have the relevant department write to him on the topic. I hope that the Committee is assured of the Government’s work and commitment on these areas. I therefore urge the noble Lord to withdraw the amendment.
(4 years, 7 months ago)
Lords ChamberMy Lords, I will touch on two issues in this Bill which have not yet been discussed, but I refer first to the Christmas tree on which it stands. Noble Lords will know that, among the baubles on the Christmas tree, some are distinctly ugly, some are out of place, some fall on the floor and get broken, and some are the wrong size. What is worse with this Bill is that the Government are granting themselves the powers to choose many of the baubles, without Parliament knowing their shape, size or intent—such as the definition of “serious disruption” or “qualified homicide”. Noble Lords have been well served by the two reports we have seen coming before us from committees of this House, soon to be followed by a third report from a joint committee on how such Bills should work on a policy approach. I think that report will give arguments which will help the House to deal with the Christmas tree.
The first issue I want to discuss is a devolution matter. Part 2 Chapter 1 of the Bill requires specified authorities to collaborate with each other to produce a strategy for preventing and reducing serious violence in the local authority area. Alongside the justice, prison, police and probation services, what are the bodies that will be required to collaborate? Obviously, they are local authorities, education establishments, health services, social and mental health care, et cetera. The Bill says, for example, that the strategy can specify actions for an educational authority to carry out.
So I raise this question for the Minister today. In Wales, all the services I have listed are within the competence of the Welsh Government. Powers over these areas are not reserved to the UK Government. The UK Government invite the Welsh Government to describe the sort of person they would like to participate in preparing a strategy, and that is all there is on engagement with the Welsh Government. So where are the Government’s powers that they intend to use for engaging the services I have mentioned in Wales? Where is the power to require education establishments in Wales to undertake any actions that they are seeking? Are the Government looking for legislative consent Motions to make this work? What discussions have they already had with Welsh Ministers? If the notion of a local strategy is to have any meaning in Wales, it will have to engage with a wide range of services outside the control of the UK Government. But the Bill says that they will consult Welsh Ministers but will not require their consent. Clarity is needed on this matter. The Government must not ride roughshod over the competence of devolved government. A sensitive approach to devolution is vital if this Government are to have any chance of succeeding in meeting their objectives in Wales.
Logically following this, I want to say a few words on the rehabilitation measures in Parts 7, 8 and 11 of the Bill. The recent reorganisation of the probation service has brought into focus the need for collaboration with a wide range of local services. Unfortunately, while the Government propose a degree of local autonomy on local provision, they fail to provide the financial resource to make genuine joint working possible. Successful rehabilitation requires the support of many services which sit outside justice provision: housing providers, social services, mental health care services, the voluntary sector, employers, training establishments, drug dependency support agencies—the list goes on and on. But all these services require support, some of it financial, to provide the people to meet the extra demands that this Bill will place on them. These local services cannot rely solely on fresh air. If they are not set up properly, they will fail without the resource, and then the Government’s ambitions will fall with them.
Perhaps I am badly considering what the Government are proposing in the Bill. Rehabilitation in the Prime Minister’s eyes seems to be getting offenders to wear hi-vis jackets with “Ex-prisoner” printed on the back and painting the railings of a local park—the modern equivalent of a chain gang. This approach is totally demeaning and doomed to fail. We need a mechanism to bring these services together in a way that promotes joint local action, with the rehabilitation activity foreseen as an end in itself. Apart from coercion and direction, as stated in this Bill, what steps will the Government take to promote co-operation at local level throughout the country? What discussions have the Home Office and Ministry of Justice had with these departments which support the type of work which ensures that vital rehabilitation can succeed?
This Bill will lead to 700 more prisoners in our prisons—overcrowded already, with remand prisoners sharing cells with convicted prisoners. It just will not succeed. This Christmas tree is sagging badly, and it could topple over without much effort.
(5 years, 3 months ago)
Grand CommitteeMy Lords, I welcome the policy intent of these regulations and the Minister’s introduction to them. They seek to remove a category of firearms from harmful and malevolent use.
However, the Minister must explain the delay in bringing forward this new law. It is now over three years since the consultation on these regulations ended. The Government’s response to this consultation was published only last November, and that took just under three years. If the obligation to protect the public from harm is the prime objective, keeping the country waiting for this length of time is certainly not the way to go about it. I am bound to draw a parallel with the Surrender of Offensive Weapons (Compensation) Regulations 2020, which had a very similar consultation period, from October to December 2017. It took two and a half years to bring forward that legislation as well. Can the Minister reassure the Committee that there is no endemic failure in her department that prevents public safety measures of this sort being dealt with at pace?
One piece of information that was not clear from the documentation supporting the regulations is the source of the antique firearms recovered during criminal circumstances. The Explanatory Memorandum states that the current situation
“is being exploited by criminals to obtain old but still functioning firearms.”
Can the Minister explain how criminals are obtaining these weapons? Are they being purchased on the open market or are they being stolen from collectors, dealers or museums? If they are being purchased on the open market, that obviously adds considerable strength to the case the Minister made for these regulations.
However, on their own, these regulations will be insufficient because licensing alone does not completely stop malevolent use, particularly from theft of weapons of this sort. Supplementary to that issue, is it safe to assume that collectors and museums would not wish to render these weapons useless as firearms by altering or damaging them in any way because they would then lose market value or, in the case of museums, their importance as genuine artefacts?
As a result of the delay in implementation, these regulations are being introduced in the midst of a lockdown. This is particularly important for the impact on museums. At present, all museums are closed, certainly for the next few months and possibly for longer. That is right across the UK, not just in England. Many museum staff are furloughed, particularly for museums run by charities and private sector bodies. Zero income is being achieved through visitor entries and other footfall and their financial future is challenging to say the least.
The impact assessment demonstrates that these regulations will have cost implications for museums. For those affected by the regulations—some 200 museums in all—the costs fall unevenly on smaller institutions. The figures given in the impact assessment are £200 for a licence and £3,000 for appropriate storage facilities. These set-up costs can be crippling when museums are struggling with the effect of the pandemic and when there is zero visitor income. So much of their revenue comes from entry charges, where there is no free entry support from Governments across the UK, and from sales in catering and shopping outlets—as any visitor to the Imperial War Museum will see, these are very important—as well as any income they get from corporate and sponsored function hire. All of these options are closed. Will the Government, having delayed the introduction of these regulations since the consultation period ended more than three years ago, provide an appropriate period of grace, not just a fixed three-month period, for museums—at least to coincide with museums’ ability to bring staff out of furlough and recommence income generation so that they are not hit with a financial burden when their income is zero?
Finally, I welcome the regular review indicated in the regulations and the review body proposal. The challenge for the Government is to achieve an appropriate balance on the review body between the interests of collectors and dealers, law enforcement and museums. Can the Minister tell us the arrangements the Government are making for that balance to be achieved? With satisfactory answers to these points, it will be appropriate to welcome these regulations.
(5 years, 7 months ago)
Lords ChamberI can advise that, clearly, the durability and usefulness of light materials are incredibly important, as my noble friend points out. Polyethylene plates have been shown to meet the rigorous testing that we demand.
My Lords, those who wear this body armour and protect us will want some comfort from the government following the reports referred to by noble Lords. Currently, the Government have three bodies that accredit this work; two of them are in the United States of America and one is in Germany. They are supposed to check this body armour every two years. To provide the comfort needed, can the Minister tell the House when these materials were last sent back to those three checking agencies to be tested?
I cannot give the noble Lord a date for when it was last tested, but I can certainly go back and get that information. I hope that that will provide the comfort he seeks.
(5 years, 9 months ago)
Lords ChamberMy Lords, I hope that the Government will publish the statistics on the use of these regulations, particularly on the religious affiliation of those stopped under Schedule 7, so that Parliament can be assured that accusations based on religious and racial profiling do not occur. I hope that the Minister will be able to give us that reassurance.
Like many other noble Lords, I am concerned about the points of entry, and I want to ask specifically about free ports. The British Government have said that they want the first to be opened in the UK by 2021. Meanwhile, the European Commission has said that free ports’ special regulatory status has aided the financing of terrorism, money laundering and organised crime. There are 82 free ports in the European Union, so the EU has a great deal of experience in dealing with them. It is clamping down on them because they pose a security risk due to the high incidence of corruption, tax evasion and criminal activities such as people smuggling, corruption and money laundering.
Can the Minister reassure the House about the steps that the Government are taking to regulate the UK’s proposed free ports, and can she say whether these regulations will apply fully in such free ports to ensure that the EU experience does not happen here?
My second question relates to the codes of practice and training. The codes lay out the training and accreditation regime for police and officials exercising the powers, and they refer to nationally approved programmes and the compulsory nature of these training programmes and their accreditation. Since these codes of practice have legal effect only from the passing of these regulations, can the Minister outline the preparatory work that has been undertaken to ensure a seamless transition to the new training and accreditation regime? How long will it take to get the new schemes up and running, and are we right to assume that the officials and police who currently exercise the powers outlined will be able to continue in their roles while awaiting the new training and accreditation scheme to be embedded?
(5 years, 9 months ago)
Lords ChamberMy Lords, these regulations have been a long time in the making, particularly given the importance of the issue they address. Knife crime especially is a terrifying and terrible offence and the incidence of these crimes continues to cast a black cloud over so many communities in our country. The 2019 Act brought in the sections to which these regulations now seek to give effect. I hope that the Minister can explain why this has taken so long, given the urgent need. How many other regulations under the Act still need to be produced? There is no purpose whatever, of course, in having a hollow shell of an Act.
We are missing supporting documents for these regulations—because of the Covid-19 pandemic, we are told—so we have to ask questions to flesh out the details. As the Explanatory Memorandum admits, the Secretary of State is to “introduce arrangements” to allow these regulations to be carried out, but we are not told what these arrangements will be. In her Written Statement to the House on 11 June, the Minister said:
“We will finalise and publicise full details on the surrender and compensation arrangements before they commence.”
Those are these regulations. Can the Minister tell the House whether a full catalogue of the weapons listed—the knives and guns—yet exists? If so, how many items are in the catalogue? Have compensation values been assigned to the knives and guns? How many bladed items have a value of more than £30? Is it proving difficult to develop a catalogue of knives, given the wide variety available designed for work use that can be and have been used offensively?
Many more questions arise from these shell regulations, including the obvious one of the timetable for their implementation. I very much hope the Minister can answer them all.
(5 years, 10 months ago)
Lords ChamberEven before lockdown began, one of the things that I and other Ministers in the Home Office were most concerned about was not just domestic abuse but child sexual abuse and exploitation online. During lockdown the NCA has continued to target high-risk online CSA offenders. It has executed 47 warrants, made 51 arrests in 21 police force areas and safeguarded or protected 105 children, with 416 devices seized. The NCA has also disseminated 2,600 online CSA packages to UK policing during lockdown.
My Lords, in response to an earlier question the Minister talked about the online harms Bill coming before Parliament “as soon as we possibly can.” However, we have still not received the response to the Government’s White Paper on this matter. Can the Minister assure me that before November this year we will get a response to it? Will the legislation appear before 2022, or will we have to wait that long before we can see a Bill to rectify this matter?
When I gave evidence to HASC the other week with Caroline Dinenage, she committed towards having it before the end of the year.
(10 years, 1 month ago)
Lords Chamber
To ask Her Majesty’s Government what are their intentions regarding the tolls on the Severn Crossings when the bridges return to public ownership.
The Parliamentary Under-Secretary of State, Department for Transport and Home Office (Lord Ahmad of Wimbledon) (Con)
My Lords, the Government have previously said that we would look at all options and consider the views of others before making any firm decisions. Our intention is to continue tolling after the projected end of the concession in 2018 to recover costs that have been incurred and fall outside the concession agreement.
I am slightly disappointed by that Answer, especially as I was rather hoping that the Government might announce that they were going to abolish this tax on business in Wales and on entering Wales. Given that we do not pay a toll when we travel on the raised parts of the M5 and M6 around Birmingham, that the Thurrock-Dartford bridge is not a motorway but an A road and that the M6 toll road is an alternative route, can the Minister tell me any other structures, tunnels, bridges or roads on the motorway network for which a charge is made; or do the Government believe—as they seem to—that these motorway links into Wales should be the only through routes on our motorway network for which we must pay a toll?
Lord Ahmad of Wimbledon
My Lords, there are other areas of the United Kingdom where tolls are charged—through tunnels and on bridges from the Mersey to areas of Scotland, and around other areas of England as well. The important thing is that there is a concessionary scheme in place. As I have already said, we will look at this at the end of that concessionary period, towards the early part of 2018, and I assure the noble Lord that we are working very closely with the Welsh Government in this regard.
Lord Ahmad of Wimbledon
I am sure that that is just the noble Lord’s view; it is certainly not my view. Just to put this matter into perspective and to get back to the nature of the Question, people who choose to use the Severn Bridge crossing save, on average, up to 50 minutes on their journey time, so there is a cost benefit. There is also a time benefit for businesses and individual travellers to Wales.
My Lords, just to be absolutely certain about what the Minister said in response to my first Question, is it definitely the Government’s intention to continue with the toll once the concession has ended and the cost of the bridge has been paid off?