Cohabiting: Law Commission Report

Baroness Scotland of Asthal Excerpts

Tuesday 6th September 2011 Lords Chamber

[Lord McNally]

My Lords, when the previous Administration opposed my noble friend’s Private Member’s Bill on this they said that they were going to wait for research on the Scottish experience. We have looked at some of the preliminary outcomes of that research without seeing anything conclusive to persuade us to move more quickly on this issue. My noble friend makes the point, however, as do the Law Commission and many others, that there are confusions and injustices as the law stands. We have not ruled out the Law Commission’s recommendations for all time; we have simply decided that we are not going to do that during this Parliament.

[Baroness Scotland of Asthal]

My Lords, can the Minister give us a little more detail about why the Government did not find the Scottish research persuasive? Can he also say what the basis of any new review would be if the Government were not minded to take into account the very detailed work that the Law Commission was asked to undertake—it has now taken that into account—and why the Government think that the separation of the two issues is possible?

[Lord McNally]

First, the previous Administration did not proceed on this issue when they had the power to do so, although my noble friend Lord Lester had raised it. The Scottish scheme is different in various respects to the proposals for England and Wales made by the Law Commission, and the report on the Scottish scheme, which is only preliminary, acknowledged that its findings necessarily provide only an early-days impression at a time when there is relatively little reported case law under the 2000 Act, with judges and practitioners still feeling their way. The conclusion in the report is that the evidence to date in Scotland means that a similar scheme in England and Wales is unlikely to place significant additional demands on the courts system. The main message to concentrate on is that a significant period of change is due in the family justice system, which we are using to consider legislation in general. We have taken the Scottish research on board, but it is, as I say, rather narrow, very early and not enough to persuade us that we should implement the Law Commission’s recommendations now.

Justice: North Liverpool Community Justice Centre

Baroness Scotland of Asthal Excerpts

Tuesday 21st June 2011 Lords Chamber

[Lord McNally]

My Lords, most certainly this followed a similar experiment in the United States, although I think that I am right in saying that the experiment was not repeated across the United States. It is one of a number of pilots initiated by the previous Administration. We are trying to draw the best lessons that we can from these pilots, including lessons about reoffending and cost effectiveness. That is partly why we are conducting the review and trying to learn lessons from other pilots that are being conducted in other parts of the country.

[Baroness Scotland of Asthal]

My Lords, I declare an interest as the Minister who laid the foundation stone of the centre. Will the noble Lord take into account the cost savings that are generated by virtue of the fact that the centre produces faster results than elsewhere? The right reverend Prelate mentioned 26 days and the 82 per cent guilty rate. Will the department take into account also the experiment in Salford, which took the results of the centre and spread them more widely?

[Lord McNally]

My Lords, I will gently say, beware those who have laid foundation stones, either real or metaphorical, when you judge the efficiency and effectiveness of any project.

Public Bodies Bill [HL]

Baroness Scotland of Asthal Excerpts

Monday 28th March 2011 Lords Chamber

[Baroness Scotland of Asthal]

My Lords, I suppose that I, too, should declare an interest as someone who has practised in the field of family law dealing with children for the past 34 years and who has had the privilege of being one of Her Majesty’s deputy High Court judges of the Family Division.

On the last occasion that we met to discuss this issue, the noble Lord, Lord McNally, told me that I had been shooting at an open goal. Well, the goal has not got any narrower. However, if I may respectfully say so, I think that the nature of this debate has been slightly different from that of the debate that we had last time. There is now a degree of sadness and almost disbelief that there has been no material change in the approach taken by the Government. At the end of Committee, the noble Lord, Lord McNally, said, in essence, “Give me time. Don’t shoot me today. Postpone the execution until Report. Give me time to think again and to persuade my Government”. The noble Lord, Lord Warner, with the generosity of spirit for which he is renowned, did so; as noble Lords will remember, he said that recidivism could be addressed and that there was still time for repentance. However, there always comes a time when repentance appears not to have transpired and the judge has to make a decision.

The House has now spoken twice. It is important that in this debate there was not one dissenting voice urging on the Minister the wisdom of going forward with the current plan. If I may respectfully say so, I think that it was poignant to hear the noble and learned Lord, Lord Woolf, say that this was—he used a strong word—“sacrilege”. Why is that? Those who spoke on the last occasion and who have spoken today struggled and suffered in order, together with the young people, to try to create a system that is able to deliver change in a material way. The system that we had before the Youth Justice Board was agreed by all not to have worked. It was expensive and dysfunctional and it produced poor outcomes. For all its flaws, the Youth Justice Board has created something of real merit and worth.

When we talk about costs, we need to think about the real cost of the demolition of the Youth Justice Board. It does not come in money; it comes in the pain, injury and suffering that will flow not to us but to the young people who have been so advantaged by the board’s work. As the noble Lord, Lord Elton, said so eloquently, it comes in the pain that will be inflicted on us all if vulnerable young people and their dysfunction are not dealt with robustly, carefully and successfully.

This House has a choice. There is a moment when we get to say to the Government and to the other place, “This far and no further”. I repeat what many have said. This is not an issue over which the House has divided on political lines. Every person who has spoken has done so with the same voice, because this House cares passionately about young people and about reducing the pain that is caused to them. We should look at the YJB’s work not just in terms of the reduction of recidivism among young people. We just need to glance at the fact that there has already been an encouraging sign that the reduction in juvenile crime is effecting a reduction in the reoffending figures that we now see for young people between 18 and 20 and between 20 and 24. The noble Lord knows well that 13 to 24 is the most active age group for criminal behaviour. Therefore, reducing the number of those who enter the criminal justice system, and then reducing reoffending, is very significant.

There is evidence that accountability from a ministerial point of view is delivered very successfully by the method that we currently have. On the previous occasion, the noble Viscount, Lord Eccles, and the noble Lord, Lord Newton, made that point so powerfully; it is not about removing ministerial accountability because that ministerial accountability currently exists. We need strong, national, co-ordinated accountability through a dedicated body, and that dedicated body is the Youth Justice Board. We know how difficult it is to create a piece of machinery that works. The Youth Justice Board works. It works in its current form. The opinion of the House is clearly that it should remain in its current form. An executive agency would be the least bad option if it has to go, but it is certainly not the preferred option.

I gain comfort from what the noble Viscount, Lord Eccles, has said. We need to understand him as saying: “If we lose today, we will come back and defeat you—we hope—on another day, but through a statutory instrument”. I would not like to put the House through that pain. I invite the House to vote on this issue, if my noble friend presses his amendment, and say decisively that it does not agree with the removal of the YJB. If the Government need real encouragement to think again, we should ask them to do so by voting in favour of the amendment, as we on these Benches will do in, I hope, great numbers.

[The Minister of State, Ministry of Justice (Lord McNally)]

My Lords, I thought of leaving a long pause to wait for one of my supporters to stand up and make his or her speech. At the end of my remarks I will not appeal to the noble Lord, Lord Warner, not to test the opinion of the House. I did that in Committee because I thought that it would be useful to allow my colleagues to read his speech before coming to a conclusion. Rather than just reading the speech, perhaps seeing the result of the vote—whichever way it goes—will also be an opportunity for them to do so.

At the start of the remarks of the noble and learned Baroness, Lady Scotland, she echoed the noble and learned Lord, Lord Woolf. Using the word that they both used, the House is being asked to vote on sacrilege. Essentially, that is the case for the prosecution: we are about to destroy something of real merit. That is certainly not the intention of the Government. We do not intend to dismantle the youth justice system. We want to build on what has been achieved over the past 10 years. I agree that this debate has been dominated by well informed, experienced speakers who care passionately about youth justice. My experience in my department is of finding similar qualities in the people dealing with this. It is not a matter of uncaring bureaucrats and caring Peers; those qualities exist across the board.

The noble Lord, Lord Warner, suggested that what has happened sounds like an episode of “Just William”. Unlike Violet Elizabeth Bott, I promise that I will not “scweam and scweam and scweam” if things go wrong. As with earlier debates, I will report back the result of this one to colleagues. However, I will not hold noble Lords in suspense: my brief does not allow me to make any concessions today.

The noble Lord, Lord Ramsbotham, slightly overeggs the pudding in that the separation between strategic and operational matters is not as clear as he made out. I think that the noble Viscount, Lord Eccles, made that point. There is real benefit in the department and the Minister providing strategic leadership while retaining the real success of the MoJ—the holistic, local response to youth offending. In referring to the situation in young offender institutions and advocacy, the noble Earl, Lord Listowel, may have been trying to return to a matter raised in Committee. We recognise that advocacy and social work provision in youth offender institutions is important. There are legal responsibilities on local authorities and prison governors to safeguard and promote the welfare of young people in custody but we realise that responsibility for funding these services is complex. We have been working on a solution and I expect that I and my colleague, Mr Crispin Blunt, will receive official advice on funding soon. I will write to the noble Lord later this week or next week, putting forward solutions on that point, which he raised in Committee.

I echo the noble Earl’s tribute to Frances Done and her chief executive. They have behaved exemplarily throughout in steering the organisation through a period of uncertainty while maintaining the high quality of service which we expect. It is interesting that the noble Earl mentioned the need for local authority initiative. The thrust of the policy the department is putting forward in these new arrangements is that we keep the best of the localism of the youth justice system but encourage local authority initiative and co-operation even further.

I suggest to the noble and learned Lord, Lord Woolf, that undoubtedly the YJB has had an impact but that the holistic approach of the youth offending teams may best explain the success gained during the past 10 years, which has been mentioned on a number of occasions. I emphasise again that we are not going to abandon the lessons learnt in the past 10 years but will build on them. It is worth pointing out that youth policy is not the only policy that the MoJ looks after. I think that the noble Baroness, Lady Linklater, and the noble Lord, Lord Beecham, mentioned this. One might equally ask whether one needs a similar arm’s-length body for women, the mentally ill or an educational training body. I see lots of nods across the House. Perhaps that is where we have an ideological difference—“When in doubt set up an arm’s-length body, or, if not, a tsar”; that was very much part of another age. It is worth pointing out that Ministers and departments can be responsible for distinctive policies that they can pursue successfully, without necessarily setting up an external body to help them to do that.

--- Later in debate ---

[Lord Borrie]

I congratulate the noble Lord, Lord Newton of Braintree, on devising a way of trying to ensure some sort of future for the Administrative Justice and Tribunals Council after my failure in Committee to secure a vote against abolition. I failed by nine votes despite the support of several Law Lords present on that occasion and of the noble and learned Lord, Lord Howe of Aberavon. I remember that on one occasion when we debated this matter the noble and learned Lord, Lord Woolf, stressed the very point just made by the noble and learned Lord, Lord Howe of Aberavon, on the significance of the work done by the Administrative Justice and Tribunals Council for ordinary people in this country. Often that work is much more important for ordinary people than that done by the courts of our land. The noble and learned Lord, Lord Woolf, emphasised the tribunals to which the noble Lord, Lord Newton, has referred and added in employment tribunals. You could hardly have a more significant set of judicial bodies than employment tribunals when dealing with the troubles of ordinary people such as unfair dismissal cases.

The Government narrowly won the vote on this issue in Committee but in seeking to defend the Ministry of Justice from the queries that some of us had raised the only answer they could provide was that the relevant tasks could be carried out by the Ministry of Justice. Of course, the Ministry of Justice has a great deal to contribute on policy and other areas of administrative justice but it cannot replicate the advice and role of independent people from outside the department who have a range of experience. That experience can be tapped individually by the department; indeed, I think that the ministerial representative said that. However, if this council disappears, you will not get a group coming together and discussing among themselves the important issues of administrative justice. They will merely be seen individually by an appropriate department civil servant and we may or may not hear the results of that discussion. Therefore, I again congratulate the noble Lord on bringing forward the amendment and hope that he will press it to a vote.

[Baroness Scotland of Asthal]

My Lords, since the noble and learned Lord, Lord Mackay, does not seem to be tempted by his noble friend’s invitation I rise to respond on behalf of Her Majesty’s loyal Opposition. Not surprisingly, we wholeheartedly support the amendment moved by the noble Lord, Lord Newton. I take this opportunity to commend the noble and learned Lord, Lord Howe, for his powerful intervention and for the work that he did in relation to the Ely inquiry. The House will know that that was seminal to the material changes regarding mental health which came after it.

I invite the noble Lord, Lord McNally, to consider carefully whether he cannot accept the amendments spoken to so ably by the noble Lord, Lord Newton. As we heard from the noble Viscount, Lord Eccles, in regard to the previous substantive debate that we had on the Youth Justice Board, this is enabling legislation. Notwithstanding the fact that the Administrative Justice and Tribunals Council can be abolished, there is nothing to stop Her Majesty’s Government thinking again. They are not bound to abolish it. If they want to abolish it, they should think carefully about how it can still be merged, used or modified in regard to other bodies. I invite the noble Lord to think again about this matter. If Parliament decides that there is to be no independent voice, it is very difficult to see how some of the challenges that have been so forcefully laid out by the noble Lord, Lord Newton, will be responded to.

The noble Lord, Lord McNally, will know the position in relation to legal aid which was touched on by the noble Lord, Lord Newton. As the Administrative Justice and Tribunals Council has recently said in its response to the Ministry of Justice consultation document Proposals for the Reform of Legal Aid, some material difficulties arise in this regard. Your Lordships will know that in its response the council opposed the proposed cuts to legal aid for administrative justice. It gave the example that welfare benefits legal aid costss £28.3 million in 2009-10, representing less than 0.18 per cent of the £16 billion value of benefits that are unclaimed every year. The success rate of legally aided clients in these areas is more than 90 per cent. The council believes that the Government bear responsibility for causing many of the appeals in the administrative justice system through poor decision-making, poor communication, delay and overly complex or incomprehensible rules. Not only will the legal aid cuts affect individual claimants, they will contribute to increasing work and delays in courts and tribunals that are already under pressure. How will such a challenge to the department that is also responsible for legal aid be made, made independently, and by whom? The value of an independent critical eye will remain present. Therefore, merging, modifying or otherwise dealing with this issue remains of critical importance.

I understand what has been said previously about the utility of the council’s work no longer being identified, but we have not had an answer to the question posed in Committee by the noble Lord, Lord Newton, and again now, regarding how the department responsible for all these administrative issues will deal with issues such as these. The difficulty will remain. The challenges are likely to be much more honed, because the issues that administrative justice touches upon in its remit, in terms of everyday lives, become increasingly broad. I invite the Minister to consider very seriously indeed merging the council with another body, modifying the constitution arrangements under Schedule 3, or modifying the funding or transferring the functions—but not to expunge them in their entirety.

The noble Lord will know that acceding to these amendments would not oblige the Government to do all or any of those things. They would be given the power and opportunity to do so if they, in their inimitable wisdom, decided, on mature reflection, that the same was necessary.

[Lord Mackay of Clashfern]

My Lords, in view of what has been said, perhaps I may take this opportunity to indicate that this amendment is eminently supportable and that I hope the Minister will respond positively to it. I felt that I did not want to make two speeches; I thought that I had made one already. Anyway, that is my position.

Justice: Judicial Appointments

Baroness Scotland of Asthal Excerpts

Thursday 17th March 2011 Lords Chamber

[Lord McNally]

I think that targetry would be the wrong approach but it is worth remembering the figures. Just over 20 per cent of our judges are women. Even in the magistracy under 8 per cent represent black and ethnic minorities. I understand selection on merit but there are still signs of old selection prejudices that produce these appalling figures. They have to be broken into.

[Baroness Scotland of Asthal]

My Lords, I declare an interest as a deputy High Court judge of the Family Division. The noble Lord will know that that appointment was a very long time ago and that the opportunity to be a deputy is very important. Will the noble Lord tell me how many other ethnic minority women of some quality are now appointed in relation to the deputy’s role?

[Lord McNally]

My Lords, I do not have the figures here, but I will write to the noble and learned Baroness. Let me say this about quality. This is not an attack on our judiciary. One of my other responsibilities is as deputy to the Lord Chancellor in his international role. Time and time again, we find ourselves in areas where the judiciary is corrupt and the justice system deeply flawed. I pay tribute to the quality of our judiciary, but I must say that, when the figures show that it is 80 per cent male, we are wasting half our talent. Other professions have shown the ability to change. It is time for the legal profession to change as well.

Public Bodies Bill [HL]

Baroness Scotland of Asthal Excerpts

Monday 7th March 2011 Lords Chamber

[Baroness Howe of Idlicote]

My Lords, I shall, at what looks like being the end of this debate, be very brief. I, too, am a huge supporter of the Youth Justice Board, particularly in its latter years. Frances Done has done a quite remarkable job, as I think we have all said. We have had such a compelling debate that I really cannot bring myself to believe that the Minister will be able to reject such a range of compelling arguments.

I will make just one point that is pretty much based on what my noble friend Lady Howarth has just said. I really do think that built into the system as it is there will be a likely growth in the number of young people who are deprived and who are in huge danger of continuing their life in the criminal justice system. Just think back to Keith Joseph and his “cycle of deprivation”. That said it all. Let us face it; we did not do much to reduce the number of those coming into that cycle until quite recently. I hope that what we have seen the beginning of will contribute to that, but we need to look much more widely. Early intervention will certainly be one of them—and I mean very early—as well intervention as at other stages at which problems are identified.

I thank the Minister for the way in which he has kept us informed and for his latest letter on 3 March. I am concerned that the type of big society that the Government are backing will have different approaches in different areas. We have the Youth Justice Board, which does a marvellous job of co-ordinating different departments and putting the whole view to others to take note of. However, in the future, so far as I can see it, we will have individual bodies with their own views, which the Government encourage. What about the bodies that, frankly, do not think that this is a priority? My question to the Minister is this: what are the Government going to do to encourage them to change their minds? They must have something up their sleeve —I will not call it a bribe, but I think that that is what I mean—to change their policies and to realise just how huge the long-term cost will be in not addressing this whole subject.

[Baroness Scotland of Asthal]

My Lords, on behalf of Her Majesty's loyal Opposition I give my wholehearted support to the amendment moved so ably in the names of my noble friend Lord Warner and the noble Lord, Lord Ramsbotham. I declare an interest because, as the Minister knows, I too was a Minister with responsibility for the YJB at a number of stages.

I bow to no one in my admiration and affection for the Minister, and I commend him for his bravery in seeking to reply to what has been an overwhelming debate. However, I urge him, perhaps with great expedition, to take immediate advantage of the very kind and generous offer which my noble friend Lord Warner made to him and to submit himself to the intensive supervision and treatment so that he can be restored to his previous good conduct. We know that for someone who has always been of good behaviour, returning to good behaviour is easier when the treatment is swift and direct, so let me assist.

I hope that it is by way of comfort when I say to the Minister that when considering this amendment I reasonably anticipated—although I did not see who would be here—that one would expect to hear from the noble and learned Baroness, Lady Butler-Sloss, the noble Lords, Lord Dholakia and Lord Elton, the noble Earl, Lord Listowel, my noble friend Lord Beecham and the noble Baronesses, Lady Linklater and Lady Howarth. I have to confess that I was surprised that their ranks were swelled by the noble Viscount, Lord Eccles, and I was warned that the noble Lord, Lord Newton of Braintree, could be added to the list, because he was not on it before I entered the Chamber.

All that I can say to the Minister is that when I was in a similar position to that which he now occupies and was privileged to be a Minister, the one thing on which I could absolutely rely was the trenchant support which the Youth Justice Board would rightly receive from all sides of the House. One of the first leading the charge when he sat on the Liberal Democrat Benches would always have been the noble Lord, Lord McNally, ably assisted or led by the noble Lord, Lord Dholakia. He is only lucky that several other noble Lords are not also here—the noble Baroness, Lady Walmsley, and others—to swell the ranks. But he can imagine what they would all be saying to him at this moment. The Tory Benches have been distinguished today by our hearing from the noble Lord, Lord Elton, but the Minister knows well that the Chief Whip—the great noble Baroness, Lady Anelay—had she been on the opposite Benches, would have given two barrels in relation to these issues too. I hate to tell the noble Lord that my estimation is that he has been holed below the water and that his ship is sinking fast. Of course, there are a number of things he can do to rectify that situation.

I know that the noble Lord, Lord McNally, believes that the Youth Justice Board has done a splendid job and has achieved much. What I do not understand is why he thinks that the job of the YJB is over when the vulnerability of those young people, who are still ensnared by criminality and the tentacles of dysfunction, means that they persist in needing the specialist care and holistic treatment which the YJB so ably provides. I say holistic because, as has already been made clear in the very eloquent and informed speeches which have gone before me, the YJB encompasses issues which are far broader than those which remain the preserve of the Ministry of Justice.

The board’s success has rested in no small part on its ability to draw together issues which are the responsibility of a number of different government departments—the Ministry of Justice, the Department of Health, the Department for Education, the Department for Communities and Local Government, and my old office of the Attorney-General—together with local and other public authorities in the third sectors. As such, youth justice is now a national system, albeit that it is primarily locally delivered. It really has enabled an array of agencies in criminal justice, which need to work in an integrated way with a range of organisations providing services to children and young people, to do so. As a consequence, the youth justice system is necessarily complex and I know that the noble Lord understands that complexity. Therefore I am puzzled as to how the innovative multi-agency work that the Youth Justice Board does so well, and which it has hitherto been able to develop by working in unison with all the other agencies, is going to be continued.

Parliamentary Voting System and Constituencies Bill

Baroness Scotland of Asthal Excerpts

Monday 24th January 2011 Lords Chamber

[Baroness Scotland of Asthal]

My Lords, I rise to answer for the Opposition, and noble Lords will know that this is my first venture into this Bill. We have had a very thoughtful debate, and I hope that the noble Lord, Lord McNally, will not think that the interventions have in any way been cynical or lacking in appreciation for the political niceties. It is of course my noble friend Lord Lipsey who has sallied forth to save what has been quintessentially a Liberal Democrat seat now for some time.

We have had some powerful arguments. The most important thing that has come out is the need for flexibility: a more flexible approach than the rigidity which the Bill demands. We heard some powerful descriptions from my noble friends Lord Lipsey, Lord Touhig and Lady Hayter, the noble Baroness, Lady Finlay, and the noble Lord, Lord Elystan-Morgan, about the nature and culture of the area with which we are dealing.

My noble friend’s amendment stipulates that no constituency shall have an area greater than that of the present parliamentary constituency of Brecon and Radnor. I understand why the noble Lord, Lord Tyler, says that that surely cannot be. Perhaps I may mention as gently as I can why I disagree with him. Brecon and Radnor is one example, but an important one. The current MP, Roger Williams, a notable Liberal Democrat, followed the much loved and much lamented Lord Livsey, who represented that constituency so well. It is important to recognise that they represented England and Wales’s largest constituency. For those who live there, as has been clearly outlined, there are real difficulties in seeing their constituency MP because of the distance. It is also the most rural constituency in Wales and the 30th most sparsely populated in the whole of the United Kingdom. I am reliably informed that it would apparently be possible to fit Wales’s smallest constituency, which by geographical area is Cardiff Central, into Brecon and Radnor 176 times over. A noble Lord said from a sedentary position, “And the buses”.

Transport is a very big issue in Brecon and Radnor, and traversing its area can be extremely difficult and lead to expensive fuel bills. My noble friend Lord Lipsey said that the size of the constituency is 3,014 square kilometres. I have in my brief 3,007. I am sure that noble Lords who come from Wales will tell us who is correct. However, it is a large constituency with many difficulties. For this reason we believe that the geographical features that are particular to Brecon and Radnor should be considered by the Boundary Commission for Wales when drawing up the constituency boundaries. However, this is not necessarily best achieved by simply imposing a size quota.

Democratic Audit recommends that some small leeway might be allowed for the construction of constituencies in the Welsh valleys. We on this side of the House very much support that, although I absolutely understand what the noble Lord, Lord Elystan-Morgan said—we will talk about Wales in greater detail in due course. This debate has been short and to the point. Crucially, we argue that a more flexible approach to the new rules for boundary redesign in general would enable such consideration. I hope that the Minister, when he answers, will be kind enough to say that he will take back the salient points that have been made in this debate and consider very seriously indeed whether the context in which they are put will enable him to allow the provisions to be a little more flexible than they have appeared to be to date to Members of this House.

[Lord McNally]

My Lords, the first thing I would say about this debate is that it emphasises once again that not only the inner city seats have particular problems. Those on the Benches opposite tack from one side to another to suit whatever special argument they seem to be putting. I remember last week that we were urged to make all kinds of special arrangements for the inner city seats, because of the heavy case load, the large number of unregistered constituents and the like. Now we hear of the problems of constituencies such as Brecon and Radnor. I come back to a point I have made before; every Member of Parliament has particular issues and problems that affect their workload but, in the main, it evens out. It is not useful to keep making special pleadings that simply reflect the diversity of our country and the responsibilities that face each Member of Parliament.

--- Later in debate ---

[Lord McNally]

Of course one cannot argue that someone who lives in north Kensington has more difficulty than someone living in a rural constituency. However, this applies in many constituencies. Although it is quite right that the question of travel should be brought up, I know well that Members of all parties who have represented large constituencies have shown tremendous diligence in making sure that they get around their constituencies and are accessible for surgeries and so on—and, of course, galloping down the line towards us is a whole range of new technologies that are transforming the relationship between Members and their constituents. However, I hear what has been said.

Down the Corridor, Members have regular contact and discussions online with constituents, which is a healthy development in our democracy. As my noble friend Lord Tyler pointed out, the amendment would adjust the maximum geographical size of any constituency to the size of Brecon and Radnor. Under the Bill the maximum area set is, as it happens, that of Ross, Skye and Lochaber. If the amendment were carried, more than 10 constituencies would be out of line with the UK electoral quota and that would result in too many exceptions to the principle of fairness through equally weighted votes across the country. The amendment departs from the fundamental principle of the Bill that a vote, wherever it is cast in the UK, should have broadly equal weight. For that reason I ask the noble Lord to withdraw the amendment.

[Baroness Scotland of Asthal]

Does the Minister accept that rule 5 is subject to rule 2 and that rule 2 provides the primacy? When it comes to flexibility and interpretation from the commission, does the noble Lord accept that that would be very limited indeed? The whole point of the amendments is to give the commission the sort of real flexibility that it needs to meet some of the difficult issues with which we are now dealing. I invite the noble Lord to look again at rule 2 because it seems to set the primary course which the commission would have to follow. Rule 5(3) states that this rule has effect subject to rule 2.

[Lord McNally]

I do not resile from that. The Bill aims to provide fair votes—votes of equal weight in fairly drawn constituencies. I am not giving way again. The flexibility that the Opposition seek is the flexibility to undermine the Bill and we are not conceding.

Legal Aid: Family Courts

Baroness Scotland of Asthal Excerpts

Monday 13th December 2010 Lords Chamber

[Lord McNally]

My Lords, I fully appreciate the noble and learned Baroness’s long and great experience in these fields. Certainly, some cases may be lengthened by the fact that neither side is legally advised, but the intention, as I said at the beginning, is to try to move a large number of such cases away from the court system into mediation and other forms of settlement. I fully accept her point that family disputes can become so bitter and intractable that resolution is very difficult, but that still does not argue the case for the taxpayer funding both sides in that kind of dispute.

[Baroness Scotland of Asthal]

My Lords, I declare an interest as a deputy High Court judge of the Family Division and chair of the All-Party Group on Domestic and Sexual Violence.

Does the Minister accept that, in cases of domestic violence, mediation is not appropriate and that the unequal nature of such relationships demands that there should be proper financial support for the litigants in those cases? Bearing that in mind, will he give an assurance that domestic violence cases will still receive appropriate public support?

[Lord McNally]

Domestic violence cases will get appropriate public support. In the arrangements for legal aid, a separate fund can be granted for special cases. Where legal aid falls outside the newly defined scope, I suggest that many of the areas suggested by the noble and learned Baroness will be good cases for special treatment.

Youth Justice Board

Baroness Scotland of Asthal Excerpts

Wednesday 8th December 2010 Lords Chamber

[Lord McNally]

I would love to say that the relevant Minister would be Mr X or Mr Y, or even Lord B, but the appropriate time for that is when the legislation has gone through. It is no use the Front Bench clucking—they know darn well that this process has to be gone through. There are transitional arrangements to be made, and at the appropriate time, the appropriate line of responsibility will be defined very clearly. I can assure noble Lords of that.

[Baroness Scotland of Asthal]

My Lords, is not the noble Lord rather dismayed by his own answer? Cannot he tell us which officeholder will be responsible for this role? The noble Lord knows perfectly well that, before we introduced the Youth Justice Board, the criminal justice system’s response to young people was in a parlous state. The noble Lord is quite right to say that the Youth Justice Board has been a total success, as it has reduced the level of young people coming into the criminal justice system. The board does exactly what the Lord Chancellor wants in reducing prisoner numbers. Can the noble Lord tell us, first, why the board is being changed and, secondly, how it will be changed for the better?

[Lord McNally]

That is extraordinary from someone who has held the position that the noble and learned Baroness has held. The straight answer is that, because the board is coming into the Ministry of Justice, the responsibility will be that of the Lord Chancellor and Secretary of State for Justice. That is very clear. However, within the Ministry of Justice, we are in a transition period. We are going through this along with the Youth Justice Board, which is co-operating very effectively in the transition. When those lines of responsibility are cleared and when the legislation has cleared Parliament, we will be able to go ahead with implementation and those lines will be clear. As I said, I acknowledge that the system of youth justice has moved from being a Cinderella organisation in the 1990s to one that has been extremely effective, but we are now removing that layer of national control to ensure that there is proper, local responsibility by devolving responsibility to youth offending teams. That was also part of the initial plans that the previous Government put in place.

Criminal Justice System

Baroness Scotland of Asthal Excerpts

Thursday 15th July 2010 Lords Chamber

[Baroness Scotland of Asthal]

My Lords, I must declare my interest as patron of the Corporate Alliance Against Domestic Violence and as the current chair of the All-Party Parliamentary Group on Domestic and Sexual Violence. I thank the noble Lord, Lord Thomas of Gresford, for initiating a fascinating debate. I listened particularly to my noble friend Lady Kennedy of the Shaws. I am sure that the House agreed with her about the noble Lord’s elegance and attraction, particularly perhaps to his noble kinswoman Lady Walmsley.

I also congratulate the noble Baroness, Lady Hussein-Ece, and the noble Lord, Lord German, on their fine maiden speeches and welcome them from these Benches to the House. I am sure that they will make an invaluable contribution and that all of us look forward with interest to everything that they will say. I also join those who have thanked Dame Anne Owers for her contribution and sterling work as Her Majesty’s Chief Inspector of Prisons.

This debate has formed around a great deal of consensus. I say straightaway to the noble Lord, Lord Thomas of Gresford, that his plea for a “what works” model was adopted and applied by the previous Government. Much of what he called for was—as I am sure he will acknowledge—done. The transfer of responsibility for education and health from the Prison Service to the Department of Health and department for education was an important step. A number of noble Lords have commented on its importance. I thank the noble Earl, Lord Listowel, for his comments about what the previous Government tried to do.

We learnt a number of very valuable lessons. Education, as the noble Lord, Lord Addington, mentioned, has to be meaningful to those who are invited to engage. The need for employment is of critical importance. All noble Lords have spoken about the need to work together. The three alliances that were created in 2005—the corporate alliance, the social alliance and the faith-based alliance—to reduce reoffending have all played their part. I commend what was said by the right reverend Prelates the Bishop of Liverpool and the Bishop of Guildford about the importance of allowing those in the private sector, the third sector and the faith groups to walk with those who have transgressed so that they can be healed and return to the fold.

However, it is important for us to acknowledge that the proof of the pudding is in the tasting. When we look at “what works”, we have to look at the results and the outcomes, as the noble Lord, Lord Ramsbotham, would ask us to do. A number of noble Lords spoke about initiatives. The creation of initiatives such as the Diamond Initiative, which was succeeding in addressing the issue of those sentenced to less than 12 months with no statutory intervention, has brought about significant reductions. We know that reoffending was reduced by 47 per cent in the first year. Figures released today show that investment in the criminal justice system by the previous Government has resulted in the lowest level of crime since 1981. That is according to all the surveys. I hope the Minister will take this opportunity perhaps to apologise for the misuse of the previous crime figures. Crime overall is down by 43 per cent. Year on year, it is down by 9 per cent in every category. There has been no recession-led crime. The increase in police numbers and the safeguarding of front-line services has undoubtedly had a beneficial effect. Alongside the increased investment in police, probation, the Crown Prosecution Service and prisons, we have also radically changed during the past 13 years our approach to the way in which we reduce crime. I am sorry to have to disappoint the noble Lord, Lord Ramsbotham, in saying that the increase in the Probation Service between 1997 and 2008 by 70 per cent was very important. Without those increases in services, I very much doubt that we would have been able to make the reductions that we have seen.

I ask the Minister at this stage to clarify whether what we have read in the Guardian today is true and that it is proposed to cut the money given to the Crown Prosecution Service. I read with some alarm that the CPS told the Attorney-General’s office that its 25 per cent budget cut would damage front-line services and delay and possibly deny justice, according to a draft submission that has been given. I would very much welcome the noble Lord’s comments on that.

How can crime be reduced? Certainly, through our time, we knew that government could not do it alone but must work hand in hand with local authorities, the third sector, business and faith groups if it was to make the improvements that it sought. Early intervention was, rightly, touched on by the noble Baroness, Lady Walmsley, and the noble Lord, Lord Hastings. The multiagency response is crucial if we are to save money and lives. But working together has to have a structure. Noble Lords will remember that we created the National Crime Reduction Board, the National Criminal Justice Board, strategic and local partnerships and the multiagency risk assessment conferences for domestic violence. All that working together was what worked. Under Labour, we saw a reduction in burglary, vehicle-related crimes and all household crimes. Domestic violence was reduced by 64 per cent. The number of first-time entrants under 18 was reduced by 20.7 per cent over the past two years. The number of young people in custody was reduced by more than 25 per cent since the end of 2008. I am grateful to the noble Baroness, Lady Walmsley, for acknowledging those changes.

Domestic violence is one of the starkest crimes. It is at the root of much family dysfunction, which in turn affects adults and children. Domestic violence is still the greatest cause of morbidity in women; 70 per cent of female homicides are committed by a partner or ex-partner. There are an estimated 120,000 high-risk victims in the United Kingdom and 70 per cent of them have children. Domestic violence in this country now costs £16 billion, down from £23 billion in 2001. So although we have saved £7 billion, there is much more to do. But this has resulted from proper specialist service provision. Domestic violence, despite the serious and significant impact that it has on our society and the criminal justice system, did not receive one mention in the coalition agreement. Will the Minister assure the House that the significant achievements over the past seven years to combat and reduce the instance of domestic violence will not be reversed under the new Government, despite omitting to mention it in the coalition agreement?

Your Lordships will know that we made a commitment when in Government to complete the 80 multiagency risk assessment conferences—we already have 220—so that there is national coverage. Will the Minister say whether that commitment will be retained? For every £1 spent on a MARAC, the services save £6 in direct costs, potentially saving us £740 million every year. The work committed to by noble friends such as my noble friend Lady Corston is incredibly important. Will the Government continue the commitment to the violence against women and girls strategy, and will it be fully implemented? Corston sets a way forward as to how we can help those women who are in prison to find a better way forward. Implementing their recommendations, as the last Government intended to do, will be of critical importance.

So much has been said by so many, much of which I wholeheartedly agree with. I am conscious that times are to be held to, so I shall not comment on all the other matters, but noble Lords will anticipate that I shall return to them on other occasions.

Supreme Court: Retirement Age

Baroness Scotland of Asthal Excerpts

Monday 12th July 2010 Lords Chamber

[Lord McNally]

These are very powerful arguments, which may be why the Lord Chancellor is looking at the matter. However, as I said, in parallel with the concern to retain the talent of the Supreme Court, there is, or should be, a similar concern to ensure that our Supreme Court better reflects our society in the 21st century.

[Baroness Scotland of Asthal]

Bearing in mind the comment just made by the noble Lord that breadth is important, and given that so many women have to take time out of their career, does he agree that one of the ways of ensuring that breadth is by identifying talent—not age or gender—as the criterion which should determine appointment to and retention of these posts?

[Lord McNally]

I treat that intervention with all the respect it deserves—and in that I do not make a joke