Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2019

Lord Hogan-Howe Excerpts

Monday 20th May 2019 Lords Chamber

[Lord Morris of Aberavon (Lab)]

I heard what the noble and learned Baroness said, but it seems to me that my noble friend’s concern is the sheer breadth of what is now proposed, and a filter of some kind. Chairmen of public inquiries are appointed after a great deal of consideration. I sat on the ad hoc committee of this House examining how the Inquiries Act worked. Perhaps the Minister should seriously consider a filter on whether a request should be allowed, as opposed to a general proposition.

[Lord Hogan-Howe (CB)]

My Lords, I do not at the moment support the amendment but, from what I have just heard, I could be persuaded. It seems to me that the Rehabilitation of Offenders Act has two purposes: the first is that already discussed, which is about people’s occupation; the second is about the application for licences. For example, with a firearms licence, the person issuing the licence needs to be sure about the antecedents of the person involved.

For the reason that the noble Baroness, Lady Chakrabarti, said, you would expect that the inquiry chairman in any inquiry should know as much as possible about the subject matter. As she explained, because of the internet and many other reasons, the public may know more than the inquiry chairman. It would seem to me to be an odd conclusion if the inquiry chairman or woman were not in a position to have all the information available. Generally, we would expect that this person would be either a retired judge or someone very senior, who should be able to manage information in the most responsible way.

I could have supported the noble Baroness’s proposal if she had been able to say how she would have managed it instead. There needs to be a filter, which concerns the quality of the test which has to be applied: whether it is about necessity, which is what is proposed, or about who applies that test—a Minister or another mechanism. If not, people might think that it is an extension too far which may in future lead, if not to abuse, then certainly to people not being prepared to support public inquiries, which is the complete opposite of the intent that I think we all have.

[Lord Ramsbotham (CB)]

My Lords, it is as long ago as 1999 when the Better Regulation Taskforce examined the Rehabilitation of Offenders Act 1974 and questioned its relevance. That was followed by an inquiry by the then Labour Government, resulting in the promise of a Bill to amend the Act, which never happened. Then LASPO, mentioned by the noble Lord, Lord Dholakia, included some amendments, since when the Law Commission, the Standing Committee on Youth Justice and Unlock, the charity of which I have the honour to be president, have all raised objections to the application of the Act and the fact that it is hindering the rehabilitation of offenders.

At present, attempts at Private Members’ Bills, on which I took over from the noble Lord, Lord Dholakia, have twice had two readings in recent Parliaments. However, they have stalled while an order is awaited from the Supreme Court in judging on its hearing last July for an appeal by the Home Office and the Ministry of Justice against the rulings of the High Court and the Appeal Court, which were affecting the Rehabilitation of Offenders Act in general. I suggest that, rather than propose a statutory instrument like this one, everything should be postponed until the review of the Act that the Government presumably have in mind.