Legal Aid, Sentencing and Punishment of Offenders Bill

Baroness Howe of Idlicote Excerpts

Tuesday 7th February 2012 Lords Chamber

[Lord Judd]

My Lords, I look forward to hearing the Minister’s reply because this is a point to which he should give particularly serious consideration. Let me make two observations. First, if we are not doing this job thoroughly and well—the noble Lord, Lord Ramsbotham, has suggested that we are not—we are wasting all the money because considerable public expenditure is going into a task which is not doing what is needed. Therefore, if we want to get a proper return for the taxpayer, we should be certain that what we are doing is appropriate and effective.

Secondly, this age extension covers a crucial part of the young person’s life. It is the threshold from being young to joining the adult community. We should think of the amount of discussion and debate that we have in this House about higher education, further education, universities and all that. We are certain that we want to prepare our young people for the most productive and effective future possible. As things stand, we may be denying that possibility to people on this threshold and, through an inadequate response to what they really need, may be setting them off on a course which will result in one failure after another and, all too likely, reoffending and the rest.

From that standpoint, this makes eminent good sense. It will be a challenge to the probation service but it relates to issues that we have been discussing on other amendments when we have alluded to the probation service. I am really worried that its culture is changing so that, in effect, it has a kind of custodial role without the person actually being institutionalised, as distinct from playing a sensitive, imaginative and engaged role in dealing with young individuals, doing what is necessary to get them on a positive and constructive course and working out how that should be done. In asking the probation service to do this—and I think the amendment is correct in that sense—we must realise that there is an issue to be tackled in terms of the prevailing culture in the service itself.

[Baroness Howe of Idlicote]

My Lords, I have added my name to one of these amendments and I have great sympathy for what is proposed in the other one as well, so I strongly support what has been said. I would like to believe that not only will this work in terms of this being set out in referral orders and the probation trusts taking on their new role, but also that we could somehow link this to the previous discussion introduced by my noble friends Lord Adebowale and Lord Ramsbotham about provision for 18 to 25 year-olds. The more we think about this age group, we can see how important it is to ensure the possibility of young people growing up with enough of the right support, education and training to have a real opportunity of leading more ordinary lives and not reoffending.

I wish we had more figures on what the actual costs are, because I should have thought it would be worth working out the budgets and spending enough to make this work. I am quite certain that it would be much cheaper than the cost of someone continually going to prison. I hope that the Minister will give this serious consideration.

[Baroness Linklater of Butterstone]

My Lords, I rise to add briefly to what has been said for two reasons. The first is the growing concern in the business about the lack of adequate work being carried out on behalf of people in this age group. They are missing out. In missing out, they bring in their wake a whole range of the problems and difficulties that we have been talking about. It means that they are more vulnerable and needy, and that they need more attention.

Anecdotally, I should say that I have sat in on referral orders, particularly the restorative conferences that are now run rather routinely. These are remarkable and really quite moving occasions. A young 18 year-old suddenly faces the reality of what it was they unthinkingly had done, and how important that is. It is also important in the context of the ongoing support that the referral order requires and thus implies in terms of support from the probation service. It is right to say that this does not come without a price tag, but when you compare price tags you realise where the dice should fall, and therein lies the challenge for the Government because everyone is judging them on where they are going to make cuts. It is an extremely difficult equation which does not really measure up, except to say that if we do not address this hitherto undersupported group, we are going to pay a huge price. The referral orders that are being discussed are really very creative and impressive, and mark a good way forward.