Legal Aid: Social Welfare Law

Debate between Baroness McIntosh of Hudnall and Lord McNally

Monday 5th March 2012 Lords Chamber

[Lord McNally]

He is certainly my friend. I will leave the nobility to the opinion of the House.

[Baroness McIntosh of Hudnall]

My Lords, going back to the question of the risk assessment, does the Minister agree that the purpose of a risk assessment is indeed to look at the worst-case scenario under a number of headings, and to propose what should be done in mitigation should such a scenario eventuate? Can he say what measures the Government have in place should those worst-case scenarios eventuate? There is no point in writing them down if there is not at least some risk that they will.

[Lord McNally]

That is why we have to take a holistic view of these matters. Much of what is being talked about here will be impacted by the reform and simplification of the welfare system that is being carried out, as well as a whole range of other measures, many of which we will be discussing in the next few hours, that will prevent the worst-case scenario from coming to pass.

Public Disorder: Restorative Justice

Debate between Baroness McIntosh of Hudnall and Lord McNally

Wednesday 26th October 2011 Lords Chamber

[Lord McNally]

Within the budget constraints that affect both central and local government, we are looking to the voluntary sector to continue to play a part in this area. Where and when we can make resources available, we will do so. There is no doubt that where the voluntary sector, including churches, plays a positive role in a community, the impact on such issues as vandalism and small-scale crime is very favourable, so we will certainly be keeping that in mind.

[Baroness McIntosh of Hudnall]

My Lords, in view of the Minister’s answer to the noble Baroness, Lady Young of Hornsey, does he see any tension or contradiction between his declared support for restorative justice and the attitude taken by the courts to many of those who were caught up in the riots?

[Lord McNally]

Possibly. In the end, it must be the courts, the judges and the magistrates who determine sentencing. It was right that the courts took into account in some of those sentences the fact that the offences occurred in the process of a riot. The riot was a legitimate factor for the courts to take into account in determining sentencing. In the broad sweep of things, I believe, as I indicated to the noble Baroness, that the evidence is that proper restorative justice that has a real impact on the offender is more effective in avoiding repeat offences than sending the offender to a young offender institution. I hope that we can develop a sentencing policy that is based on the facts and what works rather than on knee-jerk reactions.

Prisons and Young Offender Institutions: Education and Training

Debate between Baroness McIntosh of Hudnall and Lord McNally

Monday 28th February 2011 Lords Chamber

[Lord McNally]

My Lords, I hate to keep saying “Shortly a paper will be published”, but the Department for Education is about to publish a Green Paper on special education needs, which will look again at the special education needs of prisoners. One of the things pointed out in the Green Paper published by the MoJ—it is still open for consultation for another four days—is that far too many prisoners have undetected mental problems. We are making every effort to ensure that opportunities and facilities are in place to detect and help to treat those problems.

[Baroness McIntosh of Hudnall]

My Lords, going back to the noble Lord’s answer to the noble Baroness, Lady Sharples, can he confirm that the Government value the broad educational opportunities created by the use of the arts—including the performing arts—in prisons? Will he also confirm that the Government will not fall victim to the strident voices telling us that that kind of opportunity in prison is going soft on prison life?

[Lord McNally]

I absolutely agree with the noble Baroness. Often our media like to leap on an initiative and present it in a way that, as she says, suggests it is soft on prison. The whole rehabilitation strategy tries to break into the ludicrous situation of people going through the prison system and reoffending shortly after being released. If we can find ways of engaging them in cultural interests by providing education, we will save public money and avoid further crime. That is plain common sense.