Millennium Development Goals

Lord Dholakia Excerpts

Tuesday 22nd October 2013 Lords Chamber

[Lord Chidgey]

To ask Her Majesty’s Government what new millennium development goals they would prefer to see introduced post-2015.

[Lord Dholakia (LD)]

My Lords, on behalf of my noble friend Lord Chidgey, and at his request, I beg leave to ask the Question standing in his name on the Order Paper.

[Baroness Northover (LD)]

My Lords, the MDGs have provided an important framework in helping to reduce poverty, but there is still much more to do. The 12 successor goals recommended by the high-level panel offer practical targets which tackle the root causes as well as the symptoms of poverty. We are particularly pleased to see a proposed stand-alone goal focused on women and girls.

[Lord Dholakia]

My Lords, I thank the Minister for that reply and look forward to the debate on this matter tomorrow. Does my noble friend accept that poverty reduction must be the top priority for the development agenda as 70% of people who were within the millennium development goals have not benefited from the programme, almost all of them women? What indicators does my noble friend have in mind to measure over time where the discrepancies that discriminate against so many women and girls appear in the development agenda?

[Baroness Northover]

My noble friend is absolutely right. As he will know, the new goals will focus on eradicating extreme poverty within a generation. Central to this, as we all recognise, is reaching women and girls, many of whom were left behind by the MDGs. That is why we are very pleased that there is a proposed stand-alone gender goal and also that there is a lot of emphasis on disaggregating data—only if you have good data can you move things forwards.

Prisons: Mothers and Infants

Lord Dholakia Excerpts

Tuesday 10th July 2012 Lords Chamber

[Baroness Northover]

Babies stay in the mother and baby unit until about the age of 18 months, so that can vary. It is therefore part of the way that the best needs of the baby are assessed to look at the length of the mother’s sentence and whether in due course it is necessary to remove a baby because the mother’s sentence is longer than the baby unit would enable them to stay together. Looking at the best interests of the baby is what underpins whether a mother and baby are referred to a mother and baby unit.

[Lord Dholakia]

My Lords, could my noble friend the Minister look at the international dimension of good practice, and could she invite the Children’s Commissioner to look at this particular issue, with the sole objective that the welfare of the child is of paramount importance?

[Baroness Northover]

The Ministry of Justice is always interested in international practice. Recently the Howard League sent through some interesting information about the situation in South Africa. Noting that, I would point out that the current policy in relation to mother and baby units is absolutely based on the needs of the child being paramount. It is surely right that that is the case.

Legal Aid, Sentencing and Punishment of Offenders Bill

Lord Dholakia Excerpts

Tuesday 7th February 2012 Lords Chamber

[Lord McNally]

That is why the amendment is not necessary. Since a number of noble Lords had referred to the damaging elements of short sentences, I thought that it was worth putting on the record that, as a lay man in all this, I have had pointed out to me by people with considerable experience areas where the short sentence is effective. I certainly acknowledge that my noble friend said as much in her introduction. Her amendment is not an attempt to prohibit short custodial sentences; rather it seeks to create a kind of presumption that a short custodial sentence will not be imposed unless the alternatives are considered and found to be inappropriate. Such a statutory provision already exists. Section 152 of the Criminal Justice Act 2003 places restrictions on imposing discretionary custodial sentences. Section 152(2) sets out what is sometimes called the “custodial threshold”, the test that has to be met before a custodial sentence can be imposed:

“The court must not pass a custodial sentence unless it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was so serious that neither a fine alone or a community sentence can be justified for the offence”.

That is the current situation. I suggest to my noble friend that the current requirement is stronger and more wide-ranging than that proposed in this amendment.

I welcome a reminder of the importance of imposing short custodial sentences in essence as a last resort. I see, as I have always done, the full importance of rehabilitation. However, I do not think that this amendment adds significantly to the current law. I hope that the noble Baroness will feel able to withdraw her amendment.

[Lord Dholakia]

My Lords, would the Minister seriously consider the suggestion by my noble friend Lady Linklater about the proper liaison between the probation service and the magistrate? I chair a commission by the Magistrates’ Association on the future of summary justice. Evidence has been taken from across the country. What comes out very clearly is the extent to which there is effectively good rapport where you have good liaison between the magistracy and the probation liaison committees or probation officers. But there are a number of areas within the country where that does not happen. Could the Minister establish in which areas magistrates’ courts have proper liaison? If that information does not exist, would he issue guidelines so that they can be recommended good practice for this continuous liaison, which is in the interests of both justice and the offender?

[Lord McNally]

If there is anybody I take even more notice of in these matters than my noble friend Lady Linklater, it is my noble friend Lord Dholakia. I will take away that suggestion. As I said, we are looking at the question of expenses in helping to grease the wheels of better liaison. If my noble friend’s suggestion is feasible, I am sure that we can take it forward. I will certainly take it away and think about it.

Legal Aid, Sentencing and Punishment of Offenders Bill

Lord Dholakia Excerpts

Tuesday 7th February 2012 Lords Chamber

[Lord Bach]

My Lords, I can be very short. These are amendments that appeal to us, too. Referral orders, which were created in the Youth Justice and Criminal Evidence Act 1999, seem to work pretty well. Increasing the age from 18 to 21 is a sensible course to take. The noble Baroness, Lady Howe, asked whether they should not be extended to an age greater than 21. We talked in the previous debate about the crucial years between 18 and 25, and 21 seems a slightly arbitrary figure. I think that I understand why it is in the amendment, but it would perhaps make more sense if the age went between 18 and 25. Twenty-one is not an age where you begin to say, “This is where offending ceases”; it is usually a bit later than that, although it is very difficult to generalise on such things. If we are going to take this course—we will certainly be interested to hear what the Government have to say about it—to extend the age from 18 to 25 would be a better course than from 18 to 21.

As far as the probation service is concerned, there are great concerns, as my noble friend Lord Judd has said. The second amendment in this group quite rightly suggests that the probation service is probably the best venue for those over 21. Once again, we look forward to hearing what the Government’s attitude is towards this innovative idea.

[Lord Dholakia]

My Lords, the noble Lord, Lord Bach, was a Minister in the Ministry of Justice during the previous Administration. In a number of debates, I have supported raising the age for referrals. Did the noble Lord undertake any costing at that stage in terms of what additional resources would be required, as against the benefit that would accrue? My fear is that the probation service in many parts of the country is nearly at breaking point. At the end of the day, the question of additional resources will boil down to whether money is available to do the work. Does the noble Lord have any information that might advance this debate further?

[Lord Bach]

My Lords, our time in government retreats into the mists of time day by day, month by month, and my memory fails. I certainly am not in a position to answer the specific question that the noble Lord asks, but to say that there were not concerns about the probation service at the time would be to tell an untruth. Some of the cuts that our Government felt were necessary to make—as do the present Government, too—related to the probation service. One of the achievements of my then ministerial colleague, the honourable Maria Eagle, was to make sure that the cuts were not so great as originally planned and that the probation service had some extra resources that it was not expecting. However, I have to concede that it was not a period, particularly in the latter years, when the probation service was getting as much money as it needed to deal with the problem.

On costs, I think that the noble Lord’s noble friend Lady Linklater had it right, as did the noble Baroness, Lady Howe. Comparing costs is very difficult throughout the Bill, not least in this particular area. I am sorry that I cannot help the noble Lord with more detail.

--- Later in debate ---

[Lord Judd]

My Lords, the point that the noble and learned Lord, Lord Woolf, has just made is very important: that we should bring the concept of restorative justice into the mainstream of our approach to penal policy and do not leave it, as it were, as an interesting experiment only by particularly enlightened administrators within the penal system. To endorse it officially as part of penal policy is a very good principle.

This is an immensely revolutionary concept for the whole of penal policy. It takes us away from the impersonal application of the law to the sphere of direct human relationships in which people can begin to understand the implications of what they do for the lives of other identifiable people, and that is a very important learning experience. It would also be very strengthening for society; if it took off in a big way, it could have big implications for building a strong and responsible society—what we do has consequences for other people and we have to face up to those consequences, not in terms of theory but in terms of real people with whom we are dealing in reality.

Restorative justice has some other interesting spin-offs, which I have read about and been encouraged by. For example, it enables victims not only to have the satisfaction of recompense, which is crucial, but to become more understanding about the whole situation. I have read more than one account of how victims have begun to see that the person who perpetrated the crime against them was actually a victim themselves. That is in certain circumstances; I am not letting this argument run away with me. I am not saying that that is true in every situation, but it applies in quite a number. If we are going to have a decent society and minimise crime, it is important to see the origins of that crime and the reality of the shaping experiences in the lives of those who commit it.

This is a significant development. I take my hat off completely to those who have pioneered it; we should give them all possible support. Endorsement in legislation would be significant assistance in what they are trying to achieve.

[Lord Dholakia]

My Lords, I am delighted to lend my support to this amendment. I am in good and powerful company: the amendment is promoted by the noble and learned Lord, Lord Woolf, and the noble Lord, Lord Hurd of Westwell, and has the blessing of the right reverend Prelate the Bishop of Liverpool. Let me not exclude my noble friend Lord McNally; he and I have had numerous discussions on this matter and he has left me in no doubt that restorative justice is an essential element of the criminal justice system. The question is what procedure we adopt.

The case for restorative justice is on the Government’s agenda and its success cannot be disputed. We now need to provide the machinery which will enable retrospective justice to be set up on a clear statutory footing and give criminal justice agencies the impetus to refer cases. This is the clearest finding of the evaluation project undertaken by the University of Sheffield for the Government. We also know that victim participation rates were extremely high, with up to 77 per cent of victim participation cases involving adult offenders and up to 89 per cent of cases involving young offenders. The Government have often proclaimed that victims must be at the centre of the restorative justice process, and that is precisely what happens.

My noble friend Lord McNally has been very sympathetic in various meetings with groups operating in the criminal justice field. We now have a former Lord Chief Justice and a former Home Secretary, with their vast experience in such matters, getting together to amend the Bill by introducing a provision to enable criminal justice agencies to offer restorative justice to victims pre-sentence when the offender pleads guilty at the first appearance. The process allows victims to participate in face-to-face meetings with offenders, thus bringing closure to their fears and trauma. Victims show satisfaction but, most importantly, the frequency of reoffending is reduced.

Let me declare an interest: I said earlier that I chaired the Magistrates’ Association commission on the future of summary justice, and our report will be out soon. We took evidence from across many parts of the country, and participants included offenders and victims. In almost all cases, victim satisfaction was highlighted. The chairman of the Magistrates’ Association, John Fassenfelt, said that he has seen impressive evidence of victim satisfaction with restorative justice when it is organised to a high-quality standard and the insights it gives to offenders into the consequences of their offending. He said that if Parliament approves the amendment, the magistrates will be able to rely on probation to propose the most suitable cases, but the courts will only make the final decision to proceed if they are satisfied that it is in the interests of justice and in accordance with the wishes of the victim.

Research studies point to the international dimension, and cases in Australia and the United States, like those in Britain, delivered very high victim satisfaction accompanied by a reduction in reoffending.

Using the Ministry of Justice’s own data, there are potential cost savings, based on 70,000 cases, of £185 million over two years. In the present economic climate, this is something that we cannot ignore. It is value for money, as it saves £9 for every £1 spent. I fully support the amendment.

[Lord Ramsbotham]

My Lords, I support these amendments but have one cautionary tale for the Government. Before that, I echo the words of my noble and learned friend Lord Woolf towards the end of his speech, when he said that restorative justice is not for everyone. This I remember being made very clear to me some 15 years ago when I was introduced to restorative justice by Sir Charles Pollard, then the chief constable of Thames Valley Police, to whom all those interested in restorative justice owe a huge debt of gratitude for the determination with which he has followed it.

Not long ago, he asked me whether I would like to attend a restorative justice conference at HMP Pentonville, which was extremely ably chaired by a young policeman. The case involved three young women whose flat had been burgled by a young and chaotic man to fuel his heroin habit. During the early part of the conference it was discovered that this young man had been born of a teenage mother and had three young children himself by teenage mothers. He could not read and had an alcohol problem. The girls explained why they felt so strongly about their flat being burgled and everyone was in tears. The agreement was that the young man should be put through a drug treatment course, taught to read and put on an Alcoholics Anonymous course. As he left, and there was a spirit of hope in the room, one of the young women said to him, “Furthermore, will you write to us every month to tell us how you’re getting on?”, which I thought was an extremely good addition. They left in a spirit of hope and I then said to the governor of Pentonville, who was there, “How much of that can you deliver?”. He said, “None”. I said, “How dare you let those people go? Unless you can support what is being recommended, all the hope engendered by this process is dead”.

Therefore, if, as I hope, the Government accept these amendments, I hope they will add the rider that those who are responsible for staging the conferences and seeing that they happen must make certain that what is agreed actually happens, so that the whole process is not undermined.

Female Genital Mutilation

Lord Dholakia Excerpts

Thursday 30th June 2011 Lords Chamber

[Lord Dholakia]

My Lords, I thank the noble Baroness, Lady Rendell, for this debate. Only this week we received a bulletin from the End Violence Against Women coalition, which estimates that 15,000 to 20,000 girls under 15 could be at high risk of FGM. No civilised country can find justification on any ground whatever for even a single woman to undergo this vile practice.

This subject causes revulsion. Women, and in particular young girls, deserve the support of all those who care about their rights and freedoms, which we cherish and yet are denied to some who are part of our community. I am afraid the FGM Act of 2003 seems not to have been effective. So if the law is ineffective, what else should we be doing? First, let us destroy the argument that this is a religious ritual or practice. I do not know of any religion that prescribes mutilation. There are perpetrators who advance the argument that FGM protects virginity, ensures marriageability and contains sexuality. It does nothing of the sort. We now have to make a clear statement that those who have chosen to be part of our multicultural society should be in no doubt that the law is designed to protect victims, and that perpetrators will have no place to hide.

We all strive hard to make a reality of children's rights. The Government support the 1990 Convention on the Rights of the Child. Let us examine what this entails. Article 2 provides the right to equality, irrespective of sex. Article 19.1 provides protection to children from all forms of mental and physical violence and maltreatment. Article 24.1 is designed to provide the highest standard of health. We can add to this the important provision under Article 24.3 to take effective and appropriate measures to abolish traditional practices prejudicial to the health of children, and Article 37(a) which specifies freedom from torture, cruel or inhuman or degrading treatment. I have cited this convention to remind the Government that we have an obligation to protect children. We need to know why the law has been ineffective and should look at international practices to see how other countries have handled this matter.

I ask my noble friend to inquire how the matter of FGM is addressed by our Children’s Commissioner, and what guidance the Minister is giving in respect of this problem. We need answers to the following questions. What guidance is given to social workers regarding registration and action in relation to this practice? What common code of conduct is there for all healthcare professionals regarding FGM? What programme of public education is undertaken for refugees who arrive here from certain countries where such practices are prevalent? Do we publish information in other languages so that refugees and others are aware of the law in the United Kingdom? What training and guidance is provided to teachers and students, making them aware of FGM and the law? What financial and other support is available for women’s groups and advocacy groups? These groups are vital as a catalyst for opening discussions and breaking the taboo around FGM. What impact will the police cuts have and are there plans to ring-fence some of the funds so the activities are not downgraded?

We need answers since the law has failed to provide and the problem will not go away until we build the confidence of women and children to come forward with the cases.