Anti-social Behaviour, Crime and Policing Bill

Lord Bishop of Ripon and Leeds Excerpts

Wednesday 8th January 2014 Lords Chamber

Moved by

[The Lord Bishop of Ripon and Leeds]

18: Clause 17, leave out Clause 17

[The Lord Bishop of Ripon and Leeds]

My Lords, Amendments 18, 26 and 29 set out to remove the presumption that a child will be named publicly when they are involved in youth court proceedings relating to the new anti-social behaviour orders. I am very grateful to the Children’s Society, the Standing Committee on Youth Justice and others for concentrating my thoughts on this issue.

The Bill as it is currently written suspends Section 49 of the Children and Young Persons Act 1933 for children subject to the new orders and breach proceedings. For 80 years, Section 49 has provided a presumption against revealing details of a child’s identity. This Bill means that children will be named publicly as a default unless the court makes an active choice not to name them. My amendments do not prevent the court from naming a child if it thinks it appropriate to do so. They simply mean that a child will not be named by default.

The issue of publicly naming children is an important one. It raises a number of concerns regarding rehabilitation and safeguarding and is contrary to the usual presumption of anonymity that is granted to children in criminal proceedings. The presumption to name children has significant implications for the safeguarding of children. Naming a child publicly could mean that they are subsequently targeted by individuals or gangs wishing to exploit their vulnerability. Identifying a child as having been involved in anti-social behaviour could indicate that the child may be tempted to engage in risk-taking behaviour or that they will be more susceptible to being groomed. Children with special educational needs are also more likely to be involved in ASB, making them particularly vulnerable to exploitation.

Naming, thereby shaming, children can hinder the successful rehabilitation of those who wish to make a fresh start. It can be counterproductive by prolonging the problems that children have in re-engaging positively with their community. It can also make it extremely difficult for professionals to obtain services instrumental in a child's rehabilitation. There is little evidence that identifying a child is effective as a deterrent.

In our debates yesterday we were concerned with the Government’s very positive response to the need for education, health and care plans for children in trouble. I believe that this element of this Bill works in the opposite direction. In the age of the internet and social media, details of a child's identity are indelible once they are revealed. Children should not have this stamp on them from such a young age because it can affect their future ability to get a job, obtain housing and contribute to society. Naming and shaming through ASBOs has criminalised, stigmatised and negatively labelled young people and has in some cases perpetuated problems rather than helping to resolve them.

The Joint Committee on Human Rights has expressed concern about the impact of reporting on a child’s right to privacy in its pre-legislative scrutiny report. Naming and shaming contravenes the anonymity usually granted to children in criminal proceedings and denies the right to privacy in the UN Convention on the Rights of the Child. The Local Government Association has also expressed concern, especially about a child who receives or breaches an IPNA but who has not actually committed a criminal offence.

--- Later in debate ---

I will not go through the relationship of this debate with debates on ASBOs but I remind noble Lords that we must take into account the impact of lifting reporting restrictions on the young person. The youth court is well qualified to do that but we need to balance it against the needs of victims and the communities in which they live. For this reason, I am confident that the reporting of under-18s will be carefully considered, with all relevant factors weighed in deciding whether it is necessary to publicise an order against a young person. I therefore hope that the right reverend Prelate will feel reassured by the comments that I have been able to make and withdraw his amendment.

[The Lord Bishop of Ripon and Leeds]

My Lords, I am grateful to the Minister for that response and I am at least partially reassured by what he has said, particularly in the promises to discuss with the judiciary and bring this debate to their attention, as well as emphasising the guidance to the professionals involved in such cases. I am grateful to those noble Lords who have spoken in the debate and I emphasise again the point made by the noble Earl, Lord Listowel, on just how damaged the children involved in these cases can be. They often feel deeply worthless.

Whether we are here as legislators or in the actual practice of the courts there is a need for us all to be aware, yes, of the needs of the community, which are very much at the fore of the discussion of IPNAs, but also of the needs of the child and the effect that will have on the community. If those needs of the child are not met then the damage to the community in the future can be much greater. However, I am at least partially reassured and so beg leave to withdraw the amendment.

Amendment 18 withdrawn.