Public Bodies Bill [HL]

Baroness Scotland of Asthal Excerpts

Wednesday 23rd November 2011 Lords Chamber

[Baroness Linklater of Butterstone]

My Lords, we are absolutely delighted with this news. It is the triumph of sweet reason and I congratulate the Minister on what has been his absolute grit.

Just to say a brief word, it is difficult to exaggerate the importance of the work of the Youth Justice Board as it is currently operating. It works in the interests of the most vulnerable, difficult and challenging children. In doing so, the board is meeting the interests of us all as its work has implications for both our society today and the nature of our society tomorrow, of which these children will be part. It is also difficult to exaggerate the value and quality of the organisation that the YJB has become over the past few years under Frances Done and John Drew. Further, it advises the Secretary of State for Justice on the operation of the youth justice system. It is the overarching and co-ordinating body for the secure estate for children, for youth offending teams and, increasingly, for other government departments and agencies in both the voluntary and private sectors that make provision for children who offend. This is a great development and another reason why we should rejoice in the continued life of the Youth Justice Board as we know it.

It is worth reminding ourselves that, while the Minister, Crispin Blunt, already has wide-ranging powers of oversight in statute, he needs the wisdom and advice of a highly experienced and knowledgeable arm’s-length body that is expert in the field of children to inform and advise him. It is excellent to learn that he will continue to have that help from the YJB. I was going to say a bit more, as did the noble Lord, Lord Ramsbotham, about the board’s remarkable success in keeping the show on the road and doing such extraordinary work during the riots. It is a story that is not well understood or loudly told, but it has been absolutely extraordinary.

I end by saying that we are delighted and grateful that the work of the YJB can continue. It is the best possible news for the children whose challenges and needs can still be met, for their families and for society as a whole. We are the richer for this decision.

[Baroness Scotland of Asthal]

My Lords, perhaps I may add my voice to all those who have already applauded the Government on their sterling efforts and on seeing good sense. As one of those who perhaps was responsible for gently urging the Government to turn, I think it is only right and proper to add my many congratulations to the Government on taking this important step—not least because, having had the advantage of the help, advice and support of the YJB, I know that Ministers in the Ministry of Justice will quickly come to realise that they could never have made a better decision.

[The Earl of Listowel]

My Lords, I also want briefly to thank the Minister for this announcement and to say how grateful I am to the Government for the careful way that they have listened to the concerns of noble Lords, for the meetings with the Secretary of State and for their attempts to adjust their plans in order to meet those concerns. I am extremely glad to hear this good news today. There is much more work to be done. As the population of children in custody reduces, as it has been, those remaining in custody are more difficult and challenging, so we need the best possible systems and approaches in place to deal with these higher levels of need. Again, I would like to express my thanks to the Minister and the Secretary of State for this decision.

--- Later in debate ---

[Baroness Scotland of Asthal]

My Lords, perhaps I may add a few words to those already so ably spoken by the noble and learned Lord, Lord Woolf. He mentioned that the civil justice and criminal justice systems are already covered by a council, one for each. Noble Lords will know that approximately 63,000 cases come before the civil justice courts and that approximately 223,000 come before the criminal courts, but 650,000 cases come before tribunals. Although this afternoon we have talked loosely about administrative law, one has to understand that this is the meat and drink of the lives of ordinary men and women in our country. We are talking about the benefits system, immigration and all the issues that touch the lives of many poor people who do not have the wherewithal to go anywhere else. Therefore, this council’s role is at least, if not more, important than the councils that are being preserved for the civil and criminal justice systems. It is acknowledged by all who know the council’s work that it is a very precious resource. It safeguards the situation for the citizen, and in these days of fiscal austerity the need for it has never been greater.

Legal aid is being threatened. The proposed restrictions are severe. If implemented, the citizen’s need for an avenue through which administrative acts by the Government of the day can be challenged will be enhanced. The question is: if this amendment is not passed and if the Government are not asked to think again, how do they propose to retain the independence that has always been deserved and needed by the individual? How then do we ensure the transparency and fairness which we have all come to recognise as an integral part of administrative justice? I ask the noble Lord to think very seriously indeed about whether the amendment of the noble Lord, Lord Newton, is not a lifeline which the Government should now seize.

When dealing with mistakes—and I honestly believe that this is a very grave mistake indeed—Confucius gave the following advice, and I will read it just to help the Minister, who may be minded to accept it:

“Be not ashamed of mistakes and thus make them crimes. But a man who has committed a mistake and does not correct it is making another mistake”.

I suggest that Confucius was right, and that the noble Lord should avoid that trap.

[Lord Hunt of Kings Heath]

My Lords, the noble Lord has already given his views. He has had a little time perhaps to reflect on the debate, and one can only hope that having heard the debate he might come back a second time with a somewhat more responsive point of view than we originally heard. I certainly, from the opposition Benches, once again support the noble Lord, Lord Newton, on this. I thought he made the case eloquently once again for the value of the Administrative Justice and Tribunals Council and the impact for good that it has on the performance of many government departments in Whitehall. In particular, I pay tribute to the council for its focus on what it describes as improving initial decision-making as it affects members of the public. That is surely the importance of the council; it is concerned with administrative processes in relation to members of the public.

My noble and learned friend Lady Scotland referred to legal aid. It is interesting to reflect—indeed, my noble friend referred to this earlier in our debates—on the council’s comments on the impact on legal aid. I am not raising the issue of legal aid; the point is that the council has said that it believes that the Government bear responsibility for,

“causing many of the appeals in the administrative justice system … through poor … decision-making, poor communications … delay or through overly complex and … incomprehensible legislation and regulations”.

The council has been making these points for over 50 years and it has undoubtedly led to improvements in these administrative processes. There is clearly still some way to go. From what the noble Lord, Lord McNally, has said, we are to believe that everything will be all right because his department will be able to analyse the performance of different government departments, comment on them and encourage them to improve their administrative processes.

Is it realistic to think that the Ministry of Justice will be able to make that kind of statement and identify faults in administrative processes in other departments of government, let alone in itself? Of course, the Ministry of Justice will have to be subject to some kind of scrutiny by the team of officials that will be based in the Minister's department. The history of trying to influence government departments in this area surely shows that an external advisory body would be much more likely to have an impact, particularly if it were able to make public statements about the faults it finds in decision-making processes, than would a unit in the department of the noble Lord, Lord McNally.