King’s Speech Debate

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Department: Ministry of Justice

King’s Speech

Baroness Hamwee Excerpts
Wednesday 8th November 2023

(8 months ago)

Lords Chamber
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Baroness Hamwee Portrait Baroness Hamwee (LD)
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My Lords, I too will miss Lord Judge keenly. He was so wise and encouraging, and such fun. I wish we had longer, because I would like to pursue the important point made by the noble Lord, Lord Patten, about casual racism, but I will not at this moment.

We have become accustomed, particularly in home affairs, to legislation being used to send messages. It does not always mean that something will be done, although inflammatory messages do something in themselves —they inflame. I hope—not in vain, I hope—that in this Session we will see the Government focus on walking in the shoes of those whom their legislation and messages affect.

I want to mention something that is unlikely to get any other mention today. There is a growing rhetoric about the need for the police to focus on “fighting crime”. I am not suggesting that it is not important to prevent and reduce crime. Of course it is. However, whether it is appropriate to do so by creating new offences or for the Government to tell the courts precisely what penalties to impose is another matter. The rhetoric sometimes includes the suggestion that, for the police to be effective and productive, some issues should be removed from the policing agenda or at any rate downgraded.

I must declare an interest. I am on an advisory board for the charity Missing People. We are worried that it would be all too easy for a policing response to someone going missing to slip down the agenda. There seem to be rumours to that effect. When someone goes missing, a lot of people—particularly that person’s family —are affected, so this is relevant to the topical issue of trust in the police, as well as important in itself.

The police are the only agency that has particular powers, resources and skills to find missing people and help them to safety. More than a thousand people died while missing in 2021-22; deaths have increased by 40% in the past five years. Missing reports are often related to crime, either as a cause or because the person is victimised while away. This is very stark in the case of children: so many are victims of sexual and criminal exploitation. For adults, missing can be an indicator of exploitation, trafficking, modern slavery, or a warning sign of escalating domestic abuse. I do not suggest that responsibility lies with the police alone, but the police are in a very particular position. All public services face huge pressures, but we must not introduce policies which allow vulnerable people to fall through the gaps by reducing the policing response, or that design people out of support. Success in this area may not grab the headlines, but that does not reduce its significance. I thought the Minister would be asked dozens of questions today. I am not sure that he has been yet, but mine is to ask for an assurance that he has heard this point.

As with so many situations, it is essential to address the underlying causes of criminality, which goes as well for something which is not criminal such as homelessness. This is something that the Justice and Home Affairs Committee, which I chair, is currently looking at in respect of community sentences—the noble Lords, Lord Beith and Lord Blunkett, have trailed this. It is welcome that this has risen up the Government’s agenda, and I hope we can encourage better use of community orders. In “better”, I include tailoring the order to the individual offender whose real need is mental health, or substance abuse treatment, or education, and supporting them to the point where a chaotic life can be sorted out. This requires treatment to be available, and probation officers in sufficient numbers and with sufficient experience. This should be the lens, not just a way to reduce the prison population.

The committee recently met Claire Waxman, the victims’ commissioner for London. She said:

“There is a misconception that all victims want really long sentences for their offenders and that is all they are calling for. Actually, many just want the offenders to stop, and to be reassured that no one else will be harmed by that individual”.


Vera Baird, who was the national Victims’ Commissioner, talked about how victims, who are also often witnesses, are treated as almost incidental:

“The existence of the adversarial system … means that the focus is on the defendant”.


She went on to say that victims need to be told

“that they are a valuable citizen and that the nation cares about them”.

I am glad that the noble Baroness, Lady Newlove, is speaking today, with her role as interim or new Victims’ Commissioner—I do not know how to describe her position because I certainly do not want to call her a retread. She will speak for many of us when she reminds the House, as I am sure she often will over the next few months, that the Victims and Prisoners Bill must not let prison policy eclipse the interests of victims. No doubt the Bill will be a principal focus for the House in the legislative programme.