Police Reform and Social Responsibility Bill

Debate between Baroness Finlay of Llandaff and Baroness Browning

Thursday 14th July 2011 Lords Chamber

[Baroness Browning]

The sobriety scheme based on conditional cautions has all the legislative power that it needs now. I do not need to put it into this statute; there is sufficient statute to run it now. If we were to move on later to something as described by the noble Baroness, we would, as I indicated, need to pick up the results of those pilots in future legislation.

If we take forward these pilots on the basis that I have outlined to the House, it will allow us to test locally some of the more challenging elements of such a scheme, including its funding, proportionality, enforcement and impact on reoffending. Although I recognise the problem that the amendments seek to tackle and am sympathetic to their objectives, I hope that the noble Baroness will understand why I am unable to support their adoption. However, I give my full support to testing the principles of the scheme that she proposes and hope to begin a number of pilot schemes before too long.

[Baroness Finlay of Llandaff]

I thank the Minister for her reply. I must preface my remarks by thanking her for her sincere commitment to tackling the alcohol abuse that we see in this country. None of us who have spoken today are anti-alcohol per se; it is the problem of the outcomes of harms.

I am a clinician, and if I am to evaluate any scheme of any sort, I compare one scheme with another scheme. The conditional caution scheme that the Minister outlined will require police constables to decide whether it is an alcohol-fuelled offence and whether to offer the scheme. That is the problem and is why, as my noble friend Lord Imbert outlined, the matter should be left with the magistrates. The noble Baroness, Lady Hayter, a magistrate herself, pointed out that it does not change the status quo; it does not stop something happening but simply provides an additional arm. If there is to be a sincere comparison of the different schemes in different parts of the country, I say hooray to that—let us do proper pilots and monitor them properly.

A sunset clause was suggested in the debate but the Minister did not mention it in her reply. She has seen the amount of support around the House today for including a scheme so that it can be piloted. These are people who have committed an offence who will be sentenced anyway; they will be either incarcerated or fined, probably in addition to losing their driving licence and other things. However, if there is a massive fine it will harm the children in the family much more than the offender because of all the things they will not be able to do when the money suddenly goes out of the household. With the proposed scheme the offender will pay directly—financially and, more importantly, with their time and commitment. Recovery is crucial. As I pointed out, recovery would be attached to this. It would be offered to people and they would be supported. We have evidence—I know it is from the US, which is why I am suggesting that the scheme should be piloted here—that long-term recovery is improved when people are put through a court-directed alcohol-monitoring scheme.

Before making a final decision, will the Minister say whether, in the light of today’s debate, she will consider coming back at Third Reading with a sunset clause? That would allow us to do a proper scientific study in the areas which want to use the scheme as outlined in the amendments, which requires primary legislation, in addition to the schemes which use police cautions as the Minister outlined. I need to know her response on inserting a sunset clause before we really decide where we are going.

[Baroness Browning]

My Lords, I am sorry that I did not pick up on the point about the sunset clause. I am not able to offer the noble Baroness a change in my view on such a clause. The amendments need substantial work to make them workable from a technical and legal point of view.