Criminal Justice and Courts Bill

Debate between Lord Glenarthur and Baroness Farrington of Ribbleton

Tuesday 9th December 2014 Lords Chamber

[Lord Glenarthur (Con)]

My Lords, I had not taken a deeply close interest in what this amendment is about until I listened to what the noble Lord, Lord Ramsbotham, said. About 30 years ago, I took over from my noble friend Lord Elton as the Minister in the Home Office responsible for prisons. Subsequently, I have been a patron of the Butler Trust, which has done a lot to support the work of prison officers and prison staff of all sorts in the work that they do, not only in England but in Scotland, where I was the Scottish patron. One of the most disturbing elements I found in my work, not only in the prison world but in the Butler Trust world, was the parlous state of those young people who ended up in incarceration in one form or another. It disturbed me immensely.

What is proposed by the amendment makes sense up to a point, but I am increasingly concerned that one of the ways in which the Government would be wise to try to buy off the opposition to this is by moving from the current negative procedure to the affirmative procedure and using the opportunity that affords them to allow Parliament to debate what it is not otherwise being allowed to debate. In that case, the Government will have the support of many of us, but denying that opportunity is something I find extremely difficult to live with.

[Baroness Farrington of Ribbleton (Lab)]

My Lords, I do not understand to which procedure the noble Lord referred. I can see no example of the negative or the affirmative procedure. In any case, in your Lordships’ House we either accept everything or vote it down completely; that is not amendable.

I approach this as a parent and a grandparent and as somebody who has been on a police authority, a social services committee and an education committee. I have visited secure establishments. Let me reassure noble Lords who believe that those of us who are expressing concern are not concerned about reoffending. I am concerned about reoffending for the sake of other young people as well of as the young people themselves. I am deeply committed to extending anything that will help young people not reoffend. However, I ask noble Lords to imagine that they are members of a local authority considering this proposal. Placed on you by law would be a duty of care to the young people concerned. Negligence could well end up with proceedings being taken against you.

We owe it to those young people to ask about this. I accept that the argument about secure colleges is lost, except for these two groups. I remain deeply uneasy. I cannot possibly do anything other than accept the noble Lord’s Motion and sleep easy believing that we have fulfilled our duty of care.

I again ask the Minister, for whom I have respect: why on earth will we not be allowed to debate and offer detailed observations before any decision is taken? That is a simple proposition. If the Government are proved right, your Lordships’ House will listen and be fair, but we are not being offered that. I ask every noble Lord to say to the Government: at least convince me before you ask me to reject the Motion of the noble Lord, Lord Ramsbotham.