Police, Crime, Sentencing and Courts Bill

Lord Framlingham Excerpts

Lords Hansard - part one & Committee stage
Wednesday 10th November 2021 Lords Chamber

[Lord Beith (LD)]

My Lords, I am very glad to support the right reverend Prelate and the noble and learned Lord who has just spoken. The right reverend Prelate gave us a very careful analysis of the reasons that such an amendment would improve Clause 88 of the Bill, and the noble and learned Lord, the former Lord Chief Justice, reminded us of the constitutional context and the fact that the way that the Bill is structured, and the sheer complexity of it, are not really very satisfactory, especially when so much related material is not available to us at this stage. I hope that note will be taken of what he said on that latter point.

My feeling was that, as drafted, Clause 88 does not cover the ground properly, and that the inclusion of the requirement in this amendment—that consideration should be given to what provisions can be made for the “offender to desist” from crime in the future—would give the clause a necessary balance; a phrase that the noble and learned Lord used. The clause’s emphasis is very much on finding the victim’s views, which is entirely appropriate but limited in scope.

It is of course relevant to remember that, very often, one of the strongest views that victims have is that no one else should have to suffer what they have and that something should be done to make sure that the person who has done it does not do anything like that again and cause that sort of harm in the future. So these two things are not in opposition to each other: it is a complementary requirement for the clause to include a direct reference to measures to try to make it possible for the individual to desist from crime. There is a wide range of measures, but, in the context of this clause, the right reverend Prelate mentioned drugs and drug treatment. Of course, alcohol is also a very significant factor in many of the sorts of crimes that we are talking about.

This brings back memories of an incident that occurred during my time in the House of Commons, when some teenagers pulled down and stole the union flag from outside my office. They then made the mistake of exhibiting it around the pubs of the town, which led to the police catching them pretty quickly. The sergeant rang me up and said, “I do not really want to issue a formal caution because one of them wants to go into the Army, and that may prevent him doing so. I suggest that they club together, pay for its replacement and all write to you to apologise”. That was the kind of practical policing that, nowadays, is so surrounded by rules and requirements that it is often more difficult to do. But it was the right solution. I had some delightful letters, most of them insisting that their families had always voted for me. But it made a sufficient impact on the individuals—it was just a minor thing—making them less likely to commit crimes in the future. That is the emphasis that we need to add into this clause—an emphasis on trying to ensure that that individual commits no further crimes in the future.

[Lord Framlingham (Con)]

My Lords, I am not as well versed in these matters as many noble Lords are, but, in the interest of clarity, could the Minister explain what a “diversionary caution” is?

[Lord Paddick (LD)]

My Lords, we support this amendment, but, as I have already said, we have our doubts about the whole regime. For the benefit of noble Lords who missed the midnight debate on Monday, I bring you the edited highlights, which are relevant to this group.

I quoted from the House of Commons briefing paper 9165. On the Government’s proposals on diversionary and community cautions, it says:

“the available evidence suggests the system: … may result in a further decline in … OOCDs; … is likely to cost more … is unlikely to have a major impact on the reoffending rates of offenders; and … may improve victim satisfaction but is unlikely to have a major impact.”

I have to say that the high point for me on Monday night—or was it Tuesday morning?—was the Minister’s answer to my question about how effective conditional cautions, which are the existing system of cautions with conditions attached, were, compared with simple cautions that do not have conditions attached. The noble Lord announced with glee, if I may say that in a very respectful way, that:

“As the Committee will know from previous exchanges, I am quite a fan of data.”—[Official Report, 8/11/10; col. 1577.]


The Minister then looked at his phone and a message from his WhatsApp group—it is good to see members of the WhatsApp group in the Box today—saying that, in effect, there was no data. The Government not only keep no record of how many conditional versus simple cautions are administered, just the total number of all cautions, but have no record of what kind of conditions are attached to conditional cautions. On the basis of that data void, they plan to implement a system where all police cautions will need to have conditions attached.

I also quoted from a 2018 paper by Dr Peter Neyroud, former chief constable of Thames Valley Police and now a distinguished academic, published by the University of Cambridge and commissioned by the National Police Chiefs’ Council, entitled Out of Court Disposals Managed by the Police: A Review of the Evidence. On the police attaching conditions to cautions, he said:

“The result … was a significant degree of inconsistency and a substantial number of inappropriate and un-evidenced conditions.”


The right reverend Prelate the Bishop of Durham gave us an example of, presumably, a youth who was banned from public transport, which meant he could not get to school. I continue to quote from Dr Peter Neyroud:

“Whilst the provision of further training and more guidance improved the situation somewhat, the cost of such an investment within a more general implementation of OOCD’s with conditions”—


exactly what the Government are proposing—

“would be prohibitive and, in any case, did not completely resolve the problems.”

Never mind—the noble and learned Lord, Lord Thomas of Cwmgiedd, came up with a better idea: the inspectorates of the constabulary and of the CPS could ensure consistency, so that somebody in a similar situation, committing a similar offence, would have the same conditions attached, no matter where they were in the country. I am afraid not, said the Minister:

“Those two inspectorates are not regulators; they do not have power to enforce compliance.”—[Official Report, 8/11/21; col. 1576.]


Inconsistent, inappropriate and unevidenced conditions will be attached to cautions all over the country, bringing no benefit to offenders, little benefit to victims and increased costs to the criminal justice system. That is what this part of the Bill does.

We support this amendment, which should also apply to diversionary cautions, but the omens are not good that the police will know what they are doing when it comes to applying conditions to support the offender to desist from offending. There is serious doubt that, even when they do, the conditions will have any effect on reducing reoffending.

European Union Referendum Bill

Lord Framlingham Excerpts

Wednesday 28th October 2015 Lords Chamber

[Lord Framlingham (Con)]

I agree entirely with the words the noble Lord is using and I have followed much the same pattern myself. Does he agree with me that those who tell us we can never come out of Europe would have to accept that we are in fact—I am going to use a fairly strong word—enslaved?

[Lord Stoddart of Swindon]

I think “enslaved” is perhaps going a little far but at the same time, of course, we have lost the ability to govern ourselves in many respects. The noble Lord is right that things change. I always remember the dictum of Harold Wilson:

“A week is a long time in politics”,

and a decade, of course, is an aeon.

I was about to say that I wish we would not call each other names. I respect those who think that Britain should be part of a large agglomerate but, on the other hand, many of us believe that this country has succeeded for 1,000 years by its self-government.

House of Lords: Reform

Lord Framlingham Excerpts

Wednesday 22nd June 2011 Lords Chamber

[Lord Framlingham]

My Lords, given the time limits on speeches, it is tempting to try to speak in a staccato shorthand manner, rather like Mr Jingle in Pickwick Papers. Sadly, I lack Charles Dickens’s skill with words and so I will have to say what I want to say in my own way.

I am conscious that I am one of the newest Members of your Lordships’ House, but I am quite a long-standing parliamentarian and spent my last 13 years in the Commons as a Deputy Speaker. I have seen ping-pong at close quarters and know only too well how an amendment to a Bill in this House can strike dread into hearts at the other end of the Palace. As a Deputy Speaker, I spent a long time not speaking but listening and, I hope, learning. I spent much time meeting Speakers and guests from other legislatures and being by turns proud and humbled by their reverence for our parliamentary system and traditions, including your Lordships’ House and the way its procedures work so well.

Before any momentous decision is taken, the key question is not how but why. If there is no satisfactory answer to why, then you never go on to how. To do so is only to waste time, effort and money, which should be spent where it could do some good. I am currently reading Adam Nicolson’s book about the making of the King James Bible. The Bible, a work of genius, was produced by a committee of 47, so committees can work. One sentence which guided them in their labours and which leapt out of its page at me in the context of this debate is:

“What virtue was there in newness, when the old was so good?”.

Indeed, what value is there in newness when the old is so good?

Abolition is self-evidently a bad idea. When weighing the issues, on one side of the scales are many good and treasured things; on the other side, the only thing is this increasingly debased currency of democracy. “Democracy” is a word like “community” and “stakeholder”; it had a meaning once but now it has become, sadly, debased. It has become a flag that has been pinned to too many masts; it has become tattered, bedraggled and, sadly, increasingly meaningless. Please let us call a spade a spade. This is not a reform; it is abolition.

The press renamed the allowances of Members of Parliament as expenses, to devastating effect. The community charge, whatever you think of it, became the poll tax and was killed immediately. This is abolition and the word “reform” must be corrected every time it is uttered. In all this, we must beware of relying on the media to tell a straight tale. They are no longer patriotic; they are no longer guardians of our constitution or cherishers of our traditions. We cannot rely on our newspapers or television even to be fair-minded. Their only concern nowadays is to fill their columns or their programmes with controversial or eye-catching headlines or photographs. If a serious argument goes by default to the detriment of our nation or its children and grandchildren, they show no signs of caring. In my political lifetime, I have watched this happen with growing unease. That now borders on despair, combined with bafflement at their lack of concern for the protection and preservation of a wonderful country such as ours.

Others have dealt, in great detail, with the nuts and bolts of the Bill, but the truth is that it is rotten at the core. I finish by using words that Mr Jingle might use: “Elected Peers not in conflict with the Commons? Nonsense. A 15-year term? Far too long. Continuing appointments? Confirms their value. Modify? Yes. Sensible reform? Yes. Abolition and Americanisation of our House? Certainly not”.