Children and Families Bill

Debate between Earl of Listowel and Lord McNally

Monday 21st October 2013 Grand Committee

[Lord McNally]

My Lords, I am grateful to the noble and learned Baroness, Lady Butler-Sloss, for her intervention in support of these proposals—I am also grateful for my momentary promotion. It gives me an opportunity to pay tribute to the work of Lord Justice Ryder when he was with the Family Division. He did a lot of ground-clearing in this area, not least bringing in some very useful comparative statistics which allowed us to see the variety in performance of courts, which was affecting children at a vulnerable time of their lives. When this exercise started, it took more than 60 weeks in some cases to come to a decision. The tri-borough project also demonstrated in advance of this legislation that this could be done more quickly. Certainly, the robust leadership that Sir James Munby has given in implementing the Norgrove proposals has meant that, as the noble Baroness, Lady Tyler, said, a culture of delay has been replaced by a culture of urgency. That is much to the credit of what we are proposing.

We all agree that delays in decision-making, whether by local authorities or in courts, can be very damaging. They can add to emotional insecurity and affect children’s prospects for returning to or finding a permanent loving home. Introducing a 26-week time limit for care and supervision cases will send a clear and unambiguous statement to all parts of the family justice system about the need to reduce delay. Removing certain cases from the ambit of the 26-week time limit at the outset, as proposed by Amendment 62, would undermine this effort.

I recognise that these cases deal with important and complex issues and not all will be able to be completed within this timeframe. The court will therefore have the discretion to extend the time limit in a particular case beyond 26 weeks if that is necessary to resolve the proceedings justly. The clause carefully strikes the necessary balance between putting in place a maximum 26-week time limit to tackle delay in all cases and allowing sufficient judicial discretion to extend time where necessary to resolve the case justly, having explicit regard to the child’s welfare.

Requiring extensions to last for a maximum of eight weeks at a time will help ensure that the court is focused on resolving cases as quickly as possible. To allow the court to grant an extension without imposing any limit as to the length of the extension, as proposed by Amendment 63, would potentially allow cases to drift. This could undermine the aim that we all share, of reducing unnecessary delay. There will always be some very complex cases which it may not be possible to complete within 26 weeks. Where that is the case, the court will be able to extend time, where necessary, to resolve proceedings justly. It is important, however, that we keep a clear focus on resolving cases as quickly as possible, and specifying a maximum eight-week limit on the length of extensions will ensure that this happens. There is, however, no limit on the number of extensions that can be sought.

I recognise the concerns of the noble Baronesses and have seen how successful intervention models such as the Family Drug and Alcohol Court approach can be. That is why I am very pleased that the Government are continuing to provide funding of £150,000 in each year of 2013-14 and 2014-15 to continue the development and rollout of the FDAC. As part of our funding of FDAC, we are proposing to continue work that will enable this model to meet the 26-week time limit in most cases. Proceedings in the FDAC model currently take the same time on average as standard care proceedings, and we believe that the 26-week time limit can be applied successfully in most cases.

I think I have just answered the point raised by the noble Lord, Lord Ponsonby. The noble Baroness, Lady Jones, asked about the Family Procedure Rule Committee. On the basis of its specific expertise, the committee has been invited to consider whether to further elaborate on the matter to which the court is to have regard in order to support Clause 14, and we await its response. The court rules may set out the matters to which the court must, may or may not have regard when making the decision whether to grant an extension to the time limit. It is, rightly, the remit of the FPRC to consider whether to make court rules under the clause; it is a statutory independent non-departmental public body responsible for making these rules of the court. Before making the rules, the FPRC must consult such persons as it considers appropriate, and we will update the Committee on the FPRC’s work before Report.

I am not sure whether there were any other matters that were specific to this; the questions come thick and fast. Yes, there was one: the noble Baronesses, Lady Jones and Lady Benjamin, raised the question of whether the 26-week time limit would impact on kinship care and whether it would be shoehorned into a one-size-fits-all solution. We are aware that, in spite of everyone’s best efforts, occasionally relatives are not identified until late in the proceedings. However, the 26-week time limit should not impact on kinship care. It is not for the courts to decide whether it is Granny who the child goes to; rather, it relates to the choice of the permanence plan being a relative if possible, followed by adoption or long-term foster care. After all, the court does not decide which adopters the child goes to when it agrees to a plan for adoption. We are continuing to use programmes such as family group conferences before proceedings start in order to identify family members from the onset of cases. In addition, we are working in partnership with the Children’s Improvement Board and the College of Social Work to support the continuing improvement of social work practice. Of course, the court retains the power to extend the case for longer consideration if necessary.

The public law measures in the Bill will tackle the damaging delays that exist throughout the system. These delays can deny children the chance of a permanent home and have a harmful long-term effect on a child’s development. The measures will also refocus the system so that the child’s best interests are part of the process. Our measures strike the necessary balance between tackling delay and allowing sufficient judicial discretion to resolve proceedings justly, and I hope that noble Lords will agree to withdraw these amendments.

[The Earl of Listowel]

My Lords, I briefly pay tribute to the Government. In the past week I met District Judge Crichton and his team from the NHS Portman trust. District Judge Crichton set up the Family Drug and Alcohol Court five or six years ago and has had great success, with about one-third of families coming through the court keeping their children, and the best evidence so far is that those children continue to do well and thrive with those families, so the family stays off drugs and alcohol. I pay tribute to the Government for their support of FDAC from the beginning and for their continuing support. I express the hope that perhaps in future FDAC might be made even more widely available across the country, always bearing in mind the heavy burden that local authorities are continually faced with as more and more children each year come into care and the challenges that that poses to all of us. Once again, I pay tribute to the Government for their support of FDAC, if I may.

Prisons: New Prisons

Debate between Earl of Listowel and Lord McNally

Wednesday 20th March 2013 Lords Chamber

[Lord McNally]

The Government’s whole policy is to try to divert people from crime. We are looking to develop many more mentoring schemes to enable people who are vulnerable to be helped with their addictions and problems in a way that will divert them from crime.

[The Earl of Listowel]

My Lords, can I ask the Minister from the Cross Benches whether he is aware of the excellent example set in this regard by Wetherby young offender institution, where the young men have dug out a pond, tend their animals and can fish? It seems an excellent achievement by that institution.

[Lord McNally]

I am aware of that scheme, although I have not had an opportunity to visit it. However, it illustrates the wisdom of the right reverend Prelate’s follow-up point: that in the environment there are many possible solutions to reoffending and for rehabilitation.

Transforming Rehabilitation

Debate between Earl of Listowel and Lord McNally

Wednesday 9th January 2013 Lords Chamber

[The Earl of Listowel]

My Lords, in relation to the question of the right reverend Prelate and also regarding mentors, will the Minister recognise the concern about the continuity of care for these people, and consider whether in his consultation there might be preferred providers? For instance, if a small voluntary body proves to have a good track record, they would not have to renegotiate after three years and spend a lot of money and time to keep that ability. The mentors that they develop would also be kept on and not left in suspense as to whether their contract will be renewed in a year or so. Certainly, in my experience, good mentors can be undermined by the lack of certainty about their future and the future contract for their organisation.

[Lord McNally]

I take that very wise advice and will do my best to ensure that there is continuity.

Crime and Courts Bill [HL]

Debate between Earl of Listowel and Lord McNally

Tuesday 4th December 2012 Lords Chamber

[The Earl of Listowel]

My Lords, I support the amendment and—

[Lord McNally]

My Lords, because I have three amendments in this group it may be helpful if I intervene now. I will, of course, respond at the end of the debate to the points that are made.

I pay tribute to the noble Lord, Lord Touhig, who has a personal commitment to and involvement in this area. I found our recent meeting extremely useful. On fee levels, I am advised that it is normal practice at this stage of the legislative process not to set fee levels. It is certainly not unprecedented. Perhaps I may also take up the point the noble Lord made in closing. We are talking about fines imposed by the court. There is a responsibility on the offender to pay those fines and a responsibility on the Government to put in place a means of collecting them. It is also important that we look at making affordable financial penalties so that they do not produce the devastating impact that the noble Lord referred to.

The Government take the view that the recovery of collection costs provided for in Clause 21 differs greatly from means-tested fines. A fine is a financial penalty imposed by the court as punishment for a criminal offence. The level of fine is based on the seriousness of the offence and the offender’s ability to pay. On the other hand, collection costs are administrative charges which would apply only as a means of recovering the costs of collecting a fine following a default. They are not intended as a further punishment. The collection costs will be proportionate and have a direct correlation to the actual costs of collecting the unpaid fine. To introduce a means-tested charge, as the noble Lord suggests, would create a complex and resource-intensive administrative system which would increase the operational costs, thus leading to increased collection costs overall.

The Government are doing everything they can to ensure that individuals avoid defaulting in the first place and that fines are not set at a level that is inappropriate and unaffordable. We all agree that fines set at the wrong level are to no one’s benefit. The House should be aware that fines officers have the powers to determine payment plans to help individuals manage their fine payments. Furthermore, we introduced amendments to the Bill in Committee which enable the sharing of data between government departments—primarily Her Majesty’s Courts and Tribunals Service, the Department for Work and Pensions and Her Majesty’s Revenue and Customs—for the specific purpose of ensuring that fines and other financial penalties are set at the right level in the first place.

The additional charge to meet collection costs is avoidable. If a person maintains contact with the court and is complying with the payment plan or pays on time as ordered, they will face no extra costs. I re-emphasise the importance of offenders engaging with the justice system from the onset, particularly if they may have difficulty in paying the fine immediately. It must be remembered that should an individual suffer hardship, they can have their case referred back to the court, which can remit all or part of the collection charges. This provides a strong safeguard. However, it must not be forgotten that ultimately it is the offender’s obligation and responsibility to comply with a court order.

The noble Lord, Lord Touhig, questioned whether it was right to bring forward legislation without setting out the proposed collection costs structure. It is perfectly correct for Parliament to agree the principle of collection costs before the exact costs are finalised. As I said earlier, the collection costs will relate to the direct costs of enforcing an unpaid fine. Therefore, until we commence the procurement tender for fine collection services and see the proposals and costs of the bids, we are unable to give an indication of what the exact collection costs will be. However, I can assure noble Lords that companies will not be able to charge disproportionate fees in order to make a profit and we will publish a revised impact assessment before commencing these provisions.

Government Amendments 110 and 123 create new powers for Her Majesty’s Courts and Tribunals Service to access data held by Her Majesty’s Revenue and Customs for the purpose of enforcing outstanding financial penalties. These new powers will complement those that I have already described in relation to data sharing prior to sentencing. These measures will help Her Majesty’s Courts and Tribunals Service enforce unpaid fines and compensation orders by allowing the courts to obtain additional information on defaulters for more effective and targeted use of attachment of earnings orders.

Under the Courts Act 2003, courts are already able to access an offender’s social security information from the Department for Work and Pensions if the offender has defaulted on the payment of their fine or compensation order and the court is trying to enforce payment. The government amendment will extend these data-sharing arrangements to cover information held by Her Majesty’s Revenue and Customs—for example, earnings from employment.

Amendment 115 makes a technical amendment to Schedule 16 to ensure Her Majesty’s Courts and Tribunals Service can access the full range of information held by the Department for Work and Pensions for the purposes of sentencing an individual.

We treat data protection extremely seriously and, like all our other data-sharing provisions, these provisions are subject to rigorous safeguards. Accordingly, data will be shared only with authorised individuals in Her Majesty’s Courts and Tribunals Service, which may use the information only for the purpose of enforcing an unpaid financial penalty. If the information is supplied or disclosed for any other purpose, with certain specific exceptions, the person supplying the data will be guilty of a criminal offence punishable by up to six months’ imprisonment. The Information Commissioner’s Office has been consulted and has welcomed the proposals on the basis that access to shared data will be limited and will be used for specific purposes. I hope that enables a more rounded debate.

Crime and Courts Bill [HL]

Debate between Earl of Listowel and Lord McNally

Tuesday 4th December 2012 Lords Chamber

[Lord McNally]

My Lords, I think that we all agree that the kind of issues raised by the noble Baroness, Lady Meacher, and the noble Lord, Lord Beecham, are of concern. The problem hitherto has been insufficient unanimity as to what should be done about bailiffs. It is vital that our proposals strike the right balance between providing effective enforcement and protection for the vulnerable in society, while not imposing unnecessary burdens on business. However, the Government have brought forward a significant programme of reform, focusing on addressing the power of bailiffs, the fees they charge, and better regulation.

I share noble Lords’ concerns about the inappropriate behaviour of some bailiffs and the unnecessary distress that this can cause to those who already find themselves in an often difficult and distressing situation. I assure the House that the Government remain committed to bringing forward effective proposals that protect the public by ensuring that bailiff action is proportionate. However, the need to protect debtors from the aggressive pursuit of their debt must be balanced against the need for effective enforcement. A workable means to enforce the payment of debts and fines is essential to both the economy and the justice system. Without assurance that it is possible, with due process, to recoup money from debtors unwilling to pay, it would be too risky for creditors to lend, and the effectiveness of the courts would diminish.

As the noble Baroness is aware, the Government launched a public consultation on bailiff reform in February this year, which set out proposals aimed at improving clarity so that both debtors and creditors know where they stand, strengthening protections for the vulnerable and ensuring that individuals can collect the money owed to them. Any regulation of bailiffs must comply with the general principles of regulation: it must be proportionate, accountable, consistent, transparent and targeted. While at its heart it must provide protection for consumers, it cannot do this by placing an undue burden on business. If we do not find this balance, we risk replacing one set of concerns with another.

As we indicated in the consultation paper, the Government’s preferred option is not to introduce an independent regulator. The Government’s response will address this in more detail, but we have received no new evidence to suggest that the creation of an independent regulator would be a proportionate response to the concerns that have been raised about the practice of some bailiffs. In addition, regulation costs money. Regulation would necessarily impose a cost on the enforcement sector and, as a result, the industry would recoup the cost through fees, with the risk of the cost being passed on to debtors.

The proposals set out in the consultation paper are intended to work as a package. Reforming the fee structure, addressing the powers of enforcement agents, tightening certification and introducing competence criteria and specific training will tackle the majority of abuses by rogue bailiffs. We need to make sure that the profession attracts the right people and that they can demonstrate they are fit to do the work, which will include providing a satisfactory CRB check and undertaking the necessary training. Bailiff standards must improve.

Since a bailiff on the doorstep may be the first time a person has had to face their financial situation, any training needs to cover not only what they can and cannot do but how to handle what could be very vulnerable people. It is important that they know how to assess the situation and decide which cases should be referred back to the creditor for their specific instructions on how the matter should proceed. That is the answer that the noble Baroness asked me to put on the record: where the bailiff faces a situation where they believe that they are dealing with a vulnerable person, they should refer back to reassess how matters should proceed. The consultation paper covered the issue of vulnerability and training, and I am working with Helen Grant MP, who has responsibility for these reforms, to ensure that full consideration is given to the level of CRB check, and the content, level and length of training a bailiff will need to undertake.

We are aware that reform in this area has been long and widely awaited. This subject attracts a great deal of interest and very diverse views. We have a responsibility to ensure that we have fully evaluated these views and taken them into account in our response. Many of the issues that have been raised today were either explored in the consultation or provided in a response. As I have explained, it is essential that our reforms maintain the value of enforcement while protecting those who find themselves in debt. This is a delicate balance and we need to make sure that we get it right.

The consultation response is being finalised and will be published in due course; I am afraid that that is as good as I can do on that. All that I can say in defence is that tomorrow we are having the Autumn Statement. I understand the impatience, which I share, and we will push ahead. In the mean time officials are working with all stakeholders to ensure improvements continue to be made in this area. Once the response has been published, we will work closely with stakeholders to deliver its recommendations. I hope that, having had the opportunity to raise the issue, the noble Baroness will be prepared to withdraw her amendment and await the Government’s proposals.

[The Earl of Listowel]

Before the Minister sits down, is it appropriate at Report to ask him one brief question? Does he expect pregnant women and mothers with children under the age of two to come within that criterion of vulnerability?

[Lord McNally]

I hesitate to respond to what is clearly a very emotive situation as laid out by the noble Earl, Lord Listowel. There is danger in all of these cases—and even the noble Lord, Lord Beecham, fell into it—of using illustrations in an emotive fashion. We are trying to get a balance. I suggest that what you are saying and the assurance that has just been given by the noble Baroness, Lady Meacher, come within some assessment of vulnerability which will require further guidance. This is not me laying down the law from the Dispatch Box. I am trying to make a common-sense assessment. I regret that I cannot start responding to various speculations in advance of the publication of the work that we have done.

Justice: Sentencing of Young Offenders

Debate between Earl of Listowel and Lord McNally

Monday 11th June 2012 Lords Chamber

[Lord McNally]

My Lords, the Government hope to publish in the near future a White Paper on the criminal justice system. Having seen some early drafts, I know that we will bring forward some positive proposals on restorative justice, because, as has been said, there is every indication that restorative justice has a significant and beneficial impact on reoffending.

[The Earl of Listowel]

My Lords, I welcome what the Government are doing. However, given that half of children in the juvenile estate have experience of being looked after by their local authority and a quarter of adults have similar experience, and given the particular worry about young people leaving the care of their local authority and moving into bed-and-breakfast accommodation, will the Minister discuss with his colleagues the possibility of a review of services for looked-after children, including children in children’s homes, and care leavers? Will he also discuss with colleagues the example of the Scottish Institute for Residential Child Care, which provides a centre of excellence in a university to train staff in children’s homes, to research looked-after children’s services and to influence policy, which we do not have in this country?

[Lord McNally]

My Lords, as so often, the noble Earl puts forward some very sensible suggestions, which I will follow up. Anyone who has been involved with our criminal justice system must be slightly shamed by the fact that a large number of young people who find their way into it as adults have been in our care as children.

Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Earl of Listowel and Lord McNally

Wednesday 14th March 2012 Lords Chamber

[The Earl of Listowel]

Before the noble Lord sits down, I thank him for clarifying the guidance to those who will take these telephone calls. Will the Minister consider giving these people guidance on the fact that a disabled person may have parental responsibilities, so that if they have children additional thought might be given to a face-to-face meeting? If for some reason this does not work, we harm not only the adult but also the children.

[Lord McNally]

I would certainly consider that. As so often with suggestions from the noble Earl, that is well worth considering. However, to put it to him the other way round, if the person phoning has children the benefit of being able to get advice at a distance by telephone at a time of their choice could also be an advantage.

Crime: Youth Justice

Debate between Earl of Listowel and Lord McNally

Monday 24th October 2011 Lords Chamber

[Lord McNally]

I have not seen in detail the evidence given by my honourable friend. I suspect that almost in the order of things there are occasional irritations between a central and a local body. Throughout the life of the YJB, there have been various debates about where the onus of responsibility should lie. We believe that by slimming down the central role of the YJB, we can give youth offending teams more responsibility, in keeping with the Government’s localism policy. I will investigate whether the exact exchanges that Mr Blunt was referring to are available on the public record and what they contain, and if I can reveal them to my noble friend, I will.

[The Earl of Listowel]

My Lords, will the Minister thank the Secretary of State for the care with which he has listened to your Lordships’ concern across the House at this change? Does he know of any chief police officers who support the change? Does he understand my concern, as vice-chair of the All-Party Parliamentary Group for Looked After Children and Care Leavers, and as treasurer of the All-Party Parliamentary Group for Children, that this will not only be less safe for the public but will be a step back for those children in the criminal justice system and will mean fewer children going on to make a better life for themselves having had a bad start?

[Lord McNally]

I am well aware that the YJB is a much loved organisation and that a number of organisations have come to its aid. The noble Lord, Lord Warner, has voiced a number of concerns about this. We will return to this when the Public Bodies Bill returns to the House. I do not see that creating a new youth justice division within the MoJ, maintaining continuity and expertise, retaining the expertise of the staff who have worked on the Youth Justice Board, strengthening its focus on youth justice by establishing an advisory board on youth justice, and agreeing that Dame Sue Street, a non-executive director of the MoJ who has experience and knowledge of the youth justice system, should take a direct interest in youth justice matters, is in any way a retreat from the kind of commitments that the noble Lord wishes for.

Prisoners: Sanitation

Debate between Earl of Listowel and Lord McNally

Wednesday 7th September 2011 Lords Chamber

[Lord McNally]

I am told that when it is necessary to carry out some slopping out it is done by a unit of prisoners. Individuals are not asked to slop out but, as happens in many prisons, it is part of the cleaning or other duties that a group is asked to do. It is done by prisoners. But I again emphasise that where there is in-cell provision and electronic provision, slopping out will take place only when there is a mechanical breakdown of one or other of the systems. When that happens I am told that most prisons use a cleaning squad of prisoners to carry out that job.

[The Earl of Listowel]

My Lords, does the Minister agree that reducing the prison population would be one way of tackling this problem? Reducing the adult prison population would be helpful in addressing this problem. Will he consider the success of the Youth Justice Board which, in the past three years, while the adult prison population has increased, has decreased the child prison population by 30 per cent? Rather than abolishing the Youth Justice Board, will he consider whether that model of governance might be applied to the adult estate?

[Lord McNally]

We will have learnt a lot that is beneficial from the role of the Youth Justice Board. Indeed, we will take those lessons to the Ministry of Justice and continue to work along those lines with the youth system. The noble Earl is right and that is why my right honourable friend the Lord Chancellor has drawn attention to the central part in government policy of our programme of rehabilitation. We have far too many of the wrong people within our prison system. If we could reduce prison numbers it would be a win-win situation for taxpayers and a way of getting more civilised accommodation within the prison estate.

Public Bodies Bill [HL]

Debate between Earl of Listowel and Lord McNally

Monday 7th March 2011 Lords Chamber

[Lord McNally]

That is the second intervention that has reminded me what a bird of passage is ministerial office, for which I am duly grateful. I take note of the intervention from the noble Lord, Lord Elton. What would have happened if I had said that I was going to stand firm? I have said that I would take the matter back; I cannot make any more promises than that. I would be interested in having further talks with the noble Lord, Lord Warner, but I am interested to hear what he has to say having listened to this debate.

[The Earl of Listowel]

I am grateful that the Minister has undertaken to take the concerns of the whole House back to his colleagues and to reflect on what has been said, but I have a couple of questions about specific points.

First, on advocacy and social work provision in young offender institutions, advocacy has been put in place by the Youth Justice Board for a number of years now. I declare an interest as patron of Voice, an advocacy provider in several young offender institutions. It seems very clear to me, when I speak with advocates and visit young offender institutions, that this service is very much valued by the young people but also by the governors of those institutions. They can be particularly helpful in working to encourage local authorities when people are resettled to provide them the services that they need to resettle successfully. Will the Minister in the interim, between this and the next stage of the Bill, look at the role of advocates and, at the next stage, give some reassurance about advocacy provision under the new arrangements?

The second point that I should like to ask him about is social work provision in young offender institutions. My noble friend Lord Ramsbotham referred to the Children Act 1989 and how there was some lack of clarity about whether it applied to children and young people in the secure estate. The Munby judgment established that local authorities were indeed responsible for the welfare of young people, particularly in care, in prisons. Social workers were appointed by the last Government to each young offender institution. In the course of time, the Government gave responsibility for running those posts to local authorities, but there was no agreement among local authorities on how they should be funded. Sadly, half or perhaps more than half of those posts are vacant. I would be grateful if the Minister could look at this situation in the interim, between now and the next stage, and give some reassurance that there will be a continual push to ensure that those vacancies are filled and that the important work that those social workers provide for those young people is delivered to them as needed. We have heard today how vulnerable those children are and their need for expert support in young offender institutions.

[Lord McNally]

I shall certainly take that back. Part of the problem with the two issues that the noble Earl raises—both the advocacy commitment and the social worker commitment—is that they are responsibilities of local authorities. One thing that we have made clear in this approach is that we intend to make local authorities much more responsible for the delivery of these parts of the youth justice system. However, we note the point and can return to it at Report.

Crime: Age of Responsibility

Debate between Earl of Listowel and Lord McNally

Monday 20th December 2010 Lords Chamber

[The Earl of Listowel]

To ask Her Majesty’s Government whether they will review the age of criminal responsibility as recommended in the recent report on youth justice by the All-Party Parliamentary Group for Children.

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

My Lords, the Government have no current plans to review the age of criminal responsibility.

[The Earl of Listowel]

My Lords, I thank the Minister for his reply. Does he recognise that the journey of many of the 10 to 13 year-olds entering the criminal justice system begins with alcoholic parents, continues with a disruptive mix of foster care, children’s homes and different schools and concludes with entry into the criminal justice system and that the stamp of criminal conviction confirms their feelings of low self-esteem? Given the shortcomings in the care system recognised by the coalition Government, do they consider the low age of criminal responsibility in this country to be consistent internationally, when it is two years below the minimum age of 12 recommended by the committee on the United Nations Convention on the Rights of the Child?

[Lord McNally]

My Lords, I pay tribute to the noble Earl’s continuing interest in these matters. I do not think that there is a conflict between the age of criminal responsibility and the kinds of concerns that he expresses. The whole thrust of our policy is to intervene as early and as positively as possible with young offenders. The factors that lead young people to offend are complex and can often include the circumstances that the noble Earl mentioned. That is why children who offend are referred to local multi-agency youth offending teams, which take a holistic approach to tackling the causes of offending, including housing, education, health and parenting issues.

Legal Aid

Debate between Earl of Listowel and Lord McNally

Monday 29th November 2010 Lords Chamber

[Lord McNally]

My Lords, we estimate that the proposals on civil and family legal aid might affect between 460,000 and 512,000 people.

[The Earl of Listowel]

My Lords, I welcome the early intervention fund set up by the coalition Government. Will the noble Lord consult his colleagues to see whether more can be done to intervene and assist families earlier so that fewer children are taken into local authority care? Does he agree that that would be an important way of saving money in this area of social welfare law?

[Lord McNally]

I will come to the second half of the earlier question, and I apologise for not answering it. This is precisely the thinking behind our proposals. Under what I will call the old regime of legal aid, far too many cases, particularly in the area of family law, were taken down the legal route. We believe that mediation and other forms of settlement would be far more effective. On the question of the not-for-profit organisations such as citizens advice bureaux and others that are going to be hit by the cut in legal aid, the Government are setting up a transition fund, the announcement of which will be made tomorrow. Affected bodies can apply to this fund. Moreover, as I have said, my honourable friend Jonathan Djanogly is having direct talks with representatives of Citizens Advice to see whether there are ways and means of helping them.

Law Reform: Murder

Debate between Earl of Listowel and Lord McNally

Monday 12th July 2010 Lords Chamber

[Lord McNally]

No sir.

[The Earl of Listowel]

Does the Minister recall that the recommendations from the Law Commission on the disposals for child homicides found that an adult with a mental age of 10 was treated more leniently than a child aged 10? Will he look carefully at that matter in his considerations?

[Lord McNally]

I can assure the noble Earl that we will. It is a broad issue where the groundwork has been done by the Law Commission. I know that the Lord Chancellor is taking a close personal interest in the matter. We will be bringing forward precise proposals to Parliament in the near future.

Children: Criminal Responsibility

Debate between Earl of Listowel and Lord McNally

Thursday 10th June 2010 Lords Chamber

[Lord McNally]

The case that has been referred to is still under the jurisdiction of the judge concerned. However, it is interesting that he is going to give his opinions of the process to the Lord Chief Justice, who, in turn, will give his to the Lord Chancellor. I emphasise again, coming to this very green and very new, I was extremely impressed by the wide variety of responses. The idea that children aged 10 to 12 are automatically put into the court system is false. The number of responses that have been developed over the past few years are very impressive and much to the credit of the previous Administration.

[The Earl of Listowel]

Under their duty to consult children under the UN Convention on the Rights of the Child, will the Minister and his colleagues consider speaking to 10, 11 and 12 year-olds in custody, particularly about their family experience? Will they further consider speaking to the teachers, social workers and psychiatrists who work with them on this matter?

[Lord McNally]

I certainly agree to that. I also take the noble Earl’s point about the family. One has only to look at a very few cases to find that these children come from extremely damaged backgrounds. We shall look at making sure that their parents take responsibility for their actions. There is a very clear relationship between damaged children committing crimes and an appalling family background.