Knife Crime

Debate between Lord Coaker and George Howarth

Monday 25th March 2019 Westminster Hall

[Vernon Coaker]

I absolutely agree. I am making the point that it is not only about policing. However, in the short term, that is where we have to go. That is all I am saying. It should never have got to this point, with the breakdown of all that.

The system—this is true of Justice or whatever—does not look at what works. For example, on youth crime, exclusions and kids not being in school have an impact. That is a no-brainer. We do not need a research project on that costing millions of pounds. Everybody knows it. People on the street know it, every Member knows it and everybody watching our proceedings will know that it has an effect. We have a problem in how we deal with those young people. There are brilliant examples of pupil referral units and activity with young people excluded from school, but many of those young people disappear. Everybody is responsible but nobody is.

That has to change, otherwise those young people just drift into a twilight zone where they are exploited by criminals or associate with people who parade around estates saying, “Do you want to make some money? I’ll show you how to make some money. Don’t listen to them.” We know that that goes on. We have to take that culture on, but we cannot do it without being honest. My hon. Friend the Member for Washington and Sunderland West (Mrs Hodgson) is absolutely right: proper provision for excluded young people is fundamental. Some of it works, and some of it does not. We have to find a way of ensuring that good practice is spread much more widely.

[Mr Howarth]

My hon. Friend speaks with his normal passion and insight. He is right on exclusions from school and young people disappearing, but there is another problem. When some youngsters are sent to alternative provision because they are too much of a nuisance in school, some of it is very good, but some of it is nothing more than poor childminding. We need to urgently look at alternative provision.

[Vernon Coaker]

I absolutely agree. The Minister will know, because his Department will report to him, that some of the alternatives to prison or custodial sentences are rubbish, but other alternatives are brilliant. If we know what works, why are we not replicating it instead of the Justice Department funding alternative provision outside some schools or inside others? Why do we not replicate those things that work and that prevent young people who have been excluded from school from getting involved? I know that this is not a fashionable thing to say in a time of localism. Localism is absolutely right, but sometimes the Government have to pick it up and drive it. This is one area in which they should drive it forward.

My hon. Friend the Member for Hartlepool and the hon. Member for Romford made the point, as I am sure will others, that the Minister has a tough job. The public will say that anybody carrying a knife—I am not talking about the use of a knife—is completely unacceptable, and that they should be jailed straight away. They will also say that people should not have a second chance when it comes to something as serious as that.

All Governments, including the last Labour Government, write into every bit of legislation that courts have discretion to look at circumstances, but that is the bit of the mandatory sentencing guidelines that nobody reads. I am appalled by repeat cautioning and the fact that the courts seem in many instances to fail to act on persistent offending. However, even I can see that, if somebody stuffs a knife in the pocket of an idiotic 12-year-old lad but he cannot prove it, we have to let the court try to find out whether he deliberately carried the knife or whether somebody had put it on him, or had threated to beat him up unless he took it. We have to be careful about saying that, in every single circumstance and in every single case, the first time a pathetic girl or boy—that is what they are—carries a knife, they should be jailed forever and the key should be thrown away. I do not accept the inability of the state or the Government to explain that to people. Everybody says, “We’re going to be tough. We’re going to have mandatory sentencing. We’re going to lock all of them up.” Of course, that does not happen, because rightly in a democracy we have the legal system and the independence of the judiciary. The judiciary, including any of us if we were magistrates, would look at the circumstances of an individual case and say that in that instance they do not want to send the person to a place like that described by my right hon. Friend the Member for Knowsley (Mr Howarth), because they deserve a chance.

There are not many people in our Parliament who would not allow the courts discretion, but I say to the Minister—again, the Government should be shouting this—that he should explain that and tell people. He should not hide behind harsh rhetoric. He should do what I have just done and explain that, even in a national emergency—a knife crime epidemic—there will be circumstances in which the courts will want to exercise discretion. The Minister no doubt has that in the notes for his speech at the conclusion of the debate.

The legislation talks about mandatory sentencing except in exceptional circumstances. What does that mean? The Minister is brandishing the guidelines at us, but they are not interpreted across the judicial system in a fair and consistent way. That drives people mad—it drives me mad—and undermines the system. Alongside all the things that I have discussed, the sentencing by the courts is crucial. There has to be an expectation that people are jailed, whether they be young children, older children or adults, but there has to be more consistency. Figures were given by the hon. Member for Romford. It cannot be right that huge numbers of people are being cautioned again and again. It cannot be right that between different courts some people are going to jail and others are not. It cannot be right that nobody among the public properly understands what “exceptional circumstances” means—no Minister has properly gone out there to articulate and explain it. This Minister will have an opportunity to do that when he winds up the debate.