Big Society

Lord Kennedy of Southwark Excerpts

Wednesday 2nd November 2011 Lords Chamber

[Lord Kennedy of Southwark]

My Lords, like other noble Lords before me, I start by thanking my noble friend Lord Ponsonby for initiating this debate on what plans Her Majesty's Government have for the magistracy in the big society. It is a timely debate and we look forward to the Minister’s response.

I served for a number of years as a magistrate as part of the Coventry Bench and I have direct first-hand experience of the work, and the dedication to that work, of magistrates up and down the country. As my noble friend Lord Ponsonby said, magistrates, or justices of the peace, have been around for 650 years. They were “good and lawful men” back in the 14th century—and they were all men then—appointed to every county to “guard the peace”. Perhaps it could be said that they were the trailblazers for the big society, or its original seed, as the noble Baroness, Lady Seccombe, said. I pay tribute to the work that they have done and continue to do to this day. They are men and women living locally, giving their time freely, committed to sitting a minimum of 26 half-days a year, and making a real positive contribution to their community. They are delivering local justice for local people by local people. The former Lord Chief Justice, Lord Bingham of Cornhill, observed that the lay magistracy was a “democratic jewel beyond price”.

Noble Lords will be aware that all criminal cases start in the magistrates’ court and that more than 95 per cent are concluded there. At this point, I pay tribute to the work of the Magistrates’ Association in the support, advice and guidance that it gives magistrates. It was 90 years old recently and has made an important contribution to the development of the magistracy over that time.

The big society as an initiative is something that we hear less about from the Government today than we did at the start of their period of office. But we can all point to organisations, people and initiatives that make a welcome and positive contribution to local communities, and lay magistrates fit that bill wonderfully. Magistrates are appointed by the Lord Chancellor and the Secretary of State for Justice on the advice of local advisory committees. The appointments process is rigorous in its approach of selecting the right people to undertake this important work.

Having an appointments process that is rigorous and robust but also adaptable is paramount to ensuring that we make the best appointments. Can the noble Lord, Lord McNally, tell us if the Government are looking at the appointments process of both lay magistrates and the advisory committees to ensure that we have the best chance of appointing people who truly reflect their local communities? How are the Government engaging with employers and the voluntary sector to ensure that there is a steady stream of applicants? Are they working with, for example, local Sure Start centres to get younger women with children to consider putting themselves forward as magistrates? My noble friends Lord Patel and Lord Ponsonby made important points regarding diversity.

I am sure that noble Lords are aware of the Magistrates in the Community programme, which was started by the Magistrates’ Association. In recent years it has increased the public's awareness of the role of magistrates in the criminal and civil justice system. It involves magistrates attending schools, colleges, community groups and employers to give presentations and to discuss what magistrates do and how they are appointed.

Quite rightly, the Government want to make good use of community sentences. The local crime community sentence programme builds on the success of the Magistrates in the Community project and involves magistrates and probation officers together speaking to community organisations to deliver information on how offenders are dealt with when they have committed a crime that has resulted in a community punishment. When the noble Lord, Lord McNally, responds, can he tell the House what value the Government attach to these initiatives? What support are they giving them and what do they see in terms of further development?

Both the previous Labour Government and this Government recognise the importance and worth of real community engagement in criminal justice strategies. It can increase confidence in the criminal justice system and help to diminish anxieties about crime, although some would say—I should say at this stage that I do not agree with them—that this raises concerns about judicial independence, as the noble Lord, Lord Thomas of Gresford, told your Lordships’ House. It is an obvious and natural progression, and essential for enhancing community confidence in the justice process. Can the noble Lord also give some insight to the thinking of the Government and perhaps tell the House how he sees this being further developed? When does he expect the training material and other briefing devices to be fully reflective of this?

In conclusion, I am aware that I and other noble Lords have posed a number of questions to the noble Lord, Lord McNally, and it may not be possible to answer all the points in the time that he has. If that is the case, I should be delighted to receive responses to the points raised in writing. I again thank my noble friend Lord Ponsonby for initiating this debate. We have had excellent contributions from all around the House and, like others, I look forward to what the noble Lord, Lord McNally, has to say.