European Union (Withdrawal) Bill

Baroness Bakewell of Hardington Mandeville Excerpts

Committee: 4th sitting (Hansard): House of Lords
Monday 5th March 2018 Lords Chamber

To sum up, with Amendment 212 I am seeking an assurance from the Minister about the type of border checks that will be required for animals and animal products and whether physical checks on farm and other agricultural products will be required. Will he admit that technology simply will not work and, if that is the case, can he assure the Committee that the FSA, vets and other enforcement officers will have all the staff and resources they require? I also seek a commitment from the Minister that all the regulations set out in the notice I referred to will be in place before March next year. Finally, I hope he will accept that in the context of Brexit and our trade with the remaining EU 27 member states, the limited live trade in animals that exists for fattening and finishing should continue for the sake of the livelihood of hill farmers everywhere in the UK.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I support the noble Baroness, Lady Jones of Moulsecoomb, on Amendment 30, to which I have added my name. Coming as it does after the previous vital group of amendments on family law, this group is on a very different aspect of the impact of the Bill. As the noble Baroness, Lady Jones, said, this issue was debated in the other place. On that occasion, there was much rhetoric about whether animals can feel pain and emotions. I can only assume that those who deny animal sentience have not visited the countryside in the spring. Surely those who see young lambs running around with each other, teasing, jumping and enjoying the thin sunshine and light breezes do not assume that that is not a natural activity. Similarly those who see sheep lamb in the depths of winter, as many do, and see their offspring shivering in the bitter winds and driving rain cannot imagine that they would not choose to find warmth and shelter if they could.

There are many farmers and experts present in your Lordships’ House, along with those like me who have no connection with animals other than that we live in the countryside. We will all have heard and suffered the pitiful lowing of a cow which has recently been separated from her calf, even though it may be in an adjoining field. This distressing calling for her calf can go on for hours and long into the night. She misses her calf and wishes everyone to know this so that eventually they may be reunited by her persistent calling. Farrowing pigs in metal arcs scattered around open fields are able to root around in the dirt and keep a watchful eye on their playful young in peace and tranquillity. This is a very far cry from farrowing crates, in which they do not have enough room to turn around and certainly cannot nurture their piglets.

Some noble Lords will think that I have a very rose-tinted view of the countryside in assuming that young animals enjoy playing, exploring and getting into mischief. Very many children’s books give human characteristics to animals. Beatrix Potter’s books are a very famous example. Some of these characterisations are fanciful, but others are based on observing at close quarters the behaviour of animals. Those who have met a small troop of escaped and inquisitive piglets marching down the middle of the road looking for adventure and trouble cannot deny that many of the fictional caricatures are based on fact. Lambs like to play, piglets like to investigate their surroundings and calves are attached to their mothers. The very process of suckling for their sustaining milk means a bond is formed.

As we move forward with Brexit, it is essential that the protocol on animal welfare is high up the list of government priorities. The United Kingdom is nothing if it is not a nation of animal lovers. I have often been surprised and alarmed, as an elected councillor, at the number of letters which people have written to me about animal welfare issues, including hunting, compared to the very few I would get about child cruelty and abuse—although this latter subject has recently moved up the consciousness of the nation, as demonstrated this afternoon. If the Government do not rigorously defend and transfer into domestic UK law Article 13 of Title II of the Lisbon Treaty on the Functioning of the European Union, I fear this will be a very serious miscalculation of the mood of the country on this issue.

Organic farmers who have built up their award-winning herds over many decades prize the quality of the meat of their animals, which rightly fetches high prices in the marketplace. Butchers are keen to demonstrate to the restaurants and hotels they supply with meat which particular farmers it comes from. For their part, catering establishments which believe the quality of the raw meat is half the secret of a successful dish and to a steady flow of customers are also keen to list the source of the meat and fish on their menus.

Organic and other farmers keen to sell to quality outlets will tell you that the way in which their animals are slaughtered affects the flavour of the meat from the carcass. They believe an animal that is stressed at the point of slaughter will produce meat of an inferior quality to that of an animal that is slaughtered completely unaware of what is about to happen to it. This is very important to those farmers who have nurtured their animals to produce a high-quality product.

Standards of animal welfare in abattoirs and slaughterhouses are important, as is the presence of a qualified vet. Many of these vets currently come from EU countries. Can the Minister give reassurances to the Committee that, post Brexit, there will be sufficient trained veterinary officers to ensure robust standards of animal welfare at the point of slaughter? Those of your Lordships who are vegetarian or vegan will not be much interested in the quality of the meat which comes out of the abattoirs, but I believe they will care very much about the way in which the animals are treated as they come forward for slaughter.

Just as it is unacceptable for animals going for slaughter to be nervous and afraid, it is unnecessary and damaging and causes suffering to transport live animals to the EU for slaughter. If we have insufficient abattoirs in the UK to cope with our own animals, then we must increase that capacity. Just as we should not export live animals for slaughter, we must not accept live animals sent to the UK from the EU to be slaughtered here. As the saying goes, there is many a slip between cup and lip, and in the transfer of law from the EU into UK law, we must ensure that animal welfare is preserved at all costs. It is also important that high UK animal welfare standards are not undermined by cheaper imports produced to lower standards, as has already been referred to.

Whether it be the family pet pig that is coming for slaughter or a large herd of sheep, the way in which we treat animals says an awful lot about us as a caring society. In leaving the EU under Brexit we must preserve those principles of our culture which define us as a country. We will have a long time to regret it if we do not. I look forward to the Minister’s response to the issues raised in this debate.

[Lord Wigley (PC)]

My Lords, I have my name to Amendment 30, which I will address in a moment, but before doing so I turn to the comments of the noble Baroness, Lady McIntosh. I am not sure whether she or other noble Lords heard the programme on Radio 4 at lunchtime yesterday about the problems ports in the Netherlands face in taking the steps needed to meet the 29 March deadline next year in due time. What came out of that is that it patently is not going to happen. It is not just that the resources are not available—there will be questions of resources and who pays for them, hence some of the duties that will be forthcoming—but it is a question of actually getting qualified vets. There are just not enough to do the job and there is no prospect of finding enough by the deadline, so it is not going to happen in that way. The reality of the situation facing us, and facing our partners within the EU, is starting to come home to roost.

I listened to the intervention a moment ago by the noble Lord, Lord Hain, on Northern Ireland. The mind boggles at the idea of vets chasing animals roaming around their own farm across the border. That is totally impractical. If we then say, “We accept that there will be an agreement between the north and south of Ireland with regard to the movement of animals that may be different to the relationships with the UK”, the question arises of the ports in the UK that will be taking these in. In any case, as the noble Baroness, Lady McIntosh, said, food coming in from the third world will need to be inspected. The thing just defies credibility.

Rehabilitation of Offenders (Amendment) Bill [HL]

Baroness Bakewell of Hardington Mandeville Excerpts

2nd reading (Hansard): House of Lords
Friday 27th January 2017 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I rise with some trepidation among the experts taking part in this debate. I thank the noble Lord, Lord Ramsbotham, for introducing this important Bill.

The process of the rehabilitation of offenders upon completion of a sentence has a dual purpose. The Rehabilitation of Offenders Act serves as an extension to custodial, monetary or community sentences by mandating ex-offenders to inform employers and voluntary organisations, when asked—usually during the application process for employment—whether they have any unspent convictions.

For many who have entered the criminal justice system, the Act also provides an opportunity to be relieved of the obligation to declare such information after fixed periods of time. This protection not only incentivises the ex-offender, as we have heard, to remain on the right side of the law; it also provides them with the certain knowledge that, at some point, they will no longer have to identify themselves as a criminal.

Notwithstanding the exceptions for very serious crimes, where offences are never spent, or environments where public safety is paramount and even spent convictions must be disclosed, the Rehabilitation of Offenders Act is a ray of hope for anyone seeking to make more productive life choices than those of their past. This is extremely important in helping them to reconnect with their families, where their term in imprisonment has caused rifts and stresses, especially where children are concerned. Knowing that they will not always have to carry the stigma but can move forward can be a life saver.

The existing Rehabilitation of Offenders Act provides no opportunity for an ex-offender’s sentence to be spent if a custodial sentence of four years or more is imposed. Although it is widely accepted that custodial sentences are reserved for more serious crimes, it must be said that many offenders in this category are left with little option when any hope of gaining employment is taken away from them.

The 2013 Ministry of Justice analysis of the impact of employment on reoffending following release from custody identified a marked reduction in reoffending when offenders entered employment. They had a job for which they were paid and were, therefore, able to support accommodation and a home—all essential to well-being and self-esteem. When able to maintain employment, the reoffending rate dropped dramatically. Reoffending rates for prisoners released after at least a year in prison dropped from almost 70% to 32% when they were able to maintain employment.

For low-level offenders, the existing Act serves merely as an extension to their sentence. Can you imagine that anyone sentenced to four years in custody for a serious assault at the age of 18 would still have to declare that conviction well into their 60s, even if this was their only custodial sentence? As the noble Lord, Lord Carlile of Berriew, mentioned, at 18, many of us were very different people from those sitting in the Chamber today. I am not suggesting that we were offenders, but we will have taken wrong turnings at some time. We have been lucky enough to move on.

Experience shows that the existing Act will not prevent the dishonest from lying to gain employment. However, it impedes the progress of those who could otherwise lead progressive and law-abiding lives, contributing to the economy through gainful employment. The reduction of the buffer period in the proposed Bill, during which convictions remain unspent, does not reduce the sentence or access to training and support services, neither does it provide an opportunity to wipe the slate clean. The reductions detailed in this Bill will give ex-offenders the opportunity to apply for jobs sooner, earn a wage earlier and pay their own way without the justifiable fear of rejection because of poor life choices.

The criminal justice system in the UK seeks to strike a balance at a time when budgets are increasingly tighter and it costs £37,000 to keep one person in prison for a year. The Government should be making use of all available tools to reduce reoffending and encourage ex-offenders to make better choices for themselves, their families and the wider community. Although I would never argue against the delivery of justice and the provision of security and protection from the most dangerous individuals, we must also recognise that the entire notion of modern, balanced, restorative justice is built on the belief that an individual has the capacity to rehabilitate, to learn to make positive life choices and to become a productive, contributing member of society. I welcome this Bill and sincerely hope that it will eventually pass all its stages and become law.

Offender Rehabilitation: Entrepreneurship Training

Baroness Bakewell of Hardington Mandeville Excerpts

Wednesday 26th October 2016 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I congratulate my colleague and noble friend Lord German on securing this important debate. Turning offenders into entrepreneurs has been an aspiration of numerous interest groups and charities for some time, some of which believe that many involved in criminal activity share skill sets that would be adaptable to the workplace, particularly in setting themselves up as entrepreneurs.

Not all entrepreneurs are millionaires. A market trader, a mechanic or even a hopeful retailer can all fit the definition. However, many offenders are consistently greeted with reasons why they cannot achieve. Entrepreneurship allows them to believe in themselves and in a better life for their families, and enhances their focus, moving it away from the unlawful to the productive.

At present, all training for offenders falls into two categories: custodial or community. I will deal with custodial first. This is presently delivered within prisons under OLASS—Offender Learning and Skill Service—managed by the Skills Funding Agency. There are four contracted providers in England and Wales. The first three are FE colleges: Milton Keynes, Weston and Manchester. The fourth is A4e, a private provider. The OLASS phase 4 contract values for 2014-15 and 2015-16 are unavailable. The funding is per unit of qualification, with funding paid retrospectively on attainment.

However, the figures for 2013-14 indicate that the total contract value was more than £131.5 million, with the biggest share of £21.3 million going to the north-west, where the Manchester College is the deliverer. The smallest—£6.4 million—goes to the south central area, where the deliverer is Milton Keynes College. This is a considerable total sum available for offender training. From 17 July, this funding will come under the direct control of each respective prison governor, instead of being delivered by OLASS. This places additional burdens on governors as they become fully accountable for prison education.

The possible implications of this will be a lack of continuity in provision when offenders are moved between prisons. Some training provisions are available only at certain prisons. For example, bricklaying is available at HM Prison Portland but not in HM Prison Guys Marsh. Both are category C prisons. If this training is available only at selected facilities, the implication is the likelihood of increasing the disparity in provision that already exists between prisons. Finally, it has the potential to encourage prisons to offer quick-fix, short courses to guarantee or skew education outcomes.

On training delivered in the community, there are currently three types of community offender training: post release, under licence or supervision; non-custodial sentences, including suspended sentences; and community payback. Up to 20% of community payback hours may be accounted for by any form of formal training. The process for offenders accessing training is not straightforward.

Probation offender managers or education training and employment officers—ETEs—within the state and private sector probation provisions identify the learning and development needs of offenders. Referrals are then made to private providers or colleges with access to funding in adult FE provisions. Training is funded by the Skills Funding Agency, which may or may not be part-funded by the European Social Fund. Funding is subject to the client meeting SFA criteria: unemployed or lacking skills such as English or maths.

Additional guidance may be available in line with local authority provisions for small businesses or small business advisers within banking services. It must be remembered that provision of business advice is not a statutory provision for probation service providers. In terms of the availability of entrepreneurship for offenders, one of the biggest barriers to employment is the requirement to disclose convictions in line with the Rehabilitation of Offenders Act. This, combined with lengthy periods out of work due to sentences, means that they are facing an uphill struggle in returning to employed work as soon as they leave the gate.

At present, some but not all prison education providers are offering “be your own boss” courses to selected prisoners. This is a short course, usually one week, and concentrates on interpersonal soft skills and decision-making rather than the essentials of business planning and management. These courses serve as a solid introduction to the personal skills, motivation and processes that would be required to take the next step. What is now needed to follow this is business planning and financial training to supplement the soft and trade skills. Does the Minister agree that this is the case and can he give assurances that resources will be made available for this to happen?

Nevertheless, there are opportunities. There is a range of existing vocational education programmes, varying in availability from prison to prison, that would suit a lead-up to entrepreneurial training. They include: catering, barbering and hairdressing, and construction skills—bricklaying, painting and decorating, and carpentry, all of which are currently in short supply. The only limitation for the learner is the absence of experience outside a secure environment.

Many of these courses will be completed in 14 weeks of full-time study, but will qualify the learner only to level 2 GCSE grades A to C. This, coupled with an absence of any real world or customer-facing experience, will not make them an ideal candidate for small business loans or investment. Groups such as Key4Life—there are numerous others—are supporting offenders from gate to employment and self-employment. They offer mentoring programmes, apprenticeships, training and development. This provides the necessary support to develop the individual while allowing access to real-world working environments.

However, there are issues and barriers to entrepreneurship. The Prisoners’ Education Trust has figures indicating that only 12% of prisoners are assessed as possessing literacy skills at level 2; only 8.5% of prisoners are assessed as possessing maths skills at level 2; and 62% of male and 57% of female prisoners have personality disorders. It is widely reported that as many as 35% of prisoners suffer some sort of drug dependency, with 6% reported as having developed a dependency after entering prison.

Self-employment and entrepreneurship can serve as a gateway to a productive working life free from reoffending. However, it requires the individual to be given the opportunity to develop a skill set to an appropriate level of competence, which can then be taken from a provision of services to running a business. Does the Minister agree that this could be supported through temporary release or business mentoring via the probation services, third-party providers and charities?

In summary, entrepreneurial development, if supported educationally as well as financially, proposes real-world benefits for both the offender and society through reduced recidivism, improved lifestyle and an increase in the individual contribution to the economy and wider society. It should be noted that many training providers and prisons would be very keen to deliver training in this area, but some prison students will require support to gain basic functional skills. This is an area in which prison education staff are very experienced, and it is essential for the success of any entrepreneurial venture that these foundation elements are addressed at the earliest possible opportunity. I look forward to hearing what the Minister has to say on this very important subject.