(10 years, 4 months ago)
Lords ChamberMy Lords, I have listened to this debate for the last hour and a half and was almost looking forward to the Minister’s response. Some serious issues have been raised during the course of this debate which deserve an answer on behalf of the Government. As I understand the position—and I have got more rather than less confused as the afternoon has worn on—we are about to have put before us the Motion than the clause should stand part of the Bill.
If we were to agree with the noble Lord, Lord Marks, we would presumably vote not content. Presumably, too, the Government and possibly the Opposition have whipped all the noble Lords here to vote content—that we want the clause. Therefore, before we vote on the matter, it is really important that some of the issues that have been raised are addressed by your Lordships’ House with the authority of the Government saying what their responses are.
For example, one point that exercises me is the question of why it is thought that this might have a deterrent effect on young boys who act largely on impulse. I appreciate that the Government do not want—or the Minister does not, on behalf of whatever entity he is speaking—to express a firm view. However, he could share with the House the research work that no doubt different government departments have conducted on what constitutes a deterrent effect on young men and whether the clause, as drafted, conceivably delivers such an effect.
My Lords, I apologise for prolonging this still further. Following the noble Lord, Lord Harris of Haringey, I was grateful to the Minister for his response but the concern about the criminalisation of young people in care is very serious. It is one of the two main agenda items for the new chair of the Youth Justice Board, the noble Lord, Lord McNally. He is very concerned particularly that so many young people from children’s homes enter the criminal justice system. It would be helpful as background to the Bill to have some warning as to what if any impact this clause, if accepted, would have on the number of young people from care coming into custody.
(11 years ago)
Lords ChamberI am grateful to the Minister for giving way. Will he give us some examples of when he thinks it will be appropriate to use the injunction route for a child of 10 or 11? What does he envisage as the penalties in the event of breach?
My Lords, perhaps I could save the Minister some time. Following on from those two questions, it is comforting to hear that this is not as strong a method as I had been concerned about. Much of what the Minister has said has been reassuring. However, if one draws children into the support of the youth offending teams, they might say, “I am with all those others who are involved with the criminal law now if the youth offending teams are with me”. Does the Minister understand that concern? I hope that that relates to what the noble Lord was asking