Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Lord Judd and Lord Bishop of Chichester

Thursday 9th February 2012 Lords Chamber

[Lord Judd]

My Lords, I was very glad to add my name to this amendment. I have the utmost respect for the noble and learned Lord, Lord Lloyd of Berwick. He always brings to our deliberations his very high standards of legal expertise, but what I like about him, if I am allowed to say so, is that that legal expertise is always tempered with the values of the civilised society and a strong sense of humanitarian concern. Long may he remain with us to bring those to bear.

We do not indulge in vengeance in our penal system. We are about an appropriate punishment for a serious offence, and that must happen because it is absolutely right. But we are also about the challenge of rehabilitation. However dreadful the crime that has been committed and however much we may feel a sense of solidarity and empathy with the victims of crime, the challenge in a civilised society is to try to enable the perpetrator of the crime to see the significance of what they have done, to recognise and accept responsibility for it, and to move on to a positive and creative life. If we do not always strive to try to enable someone who has done a dreadful thing to become a better person and to rejoin society as a better person, I think that we demonstrate a lack of self-confidence in our own civilised values. Of course it is no good sentimentalising this issue. There will be some people where these endeavours make no progress in the end, and there are others where it may just simply be impossible to consider release. But the aspiration should be that the person will be released as a positive, reformed and different member of society, contributing constructively.

I know about this from indirect personal experience, if that is possible. For 10 years, my wife served on the board of a prison exclusively for lifers. In some ways it was an avant-garde prison at that time, but I was always encouraged by the stories she brought back about the exciting and imaginative work being done there. One of her fellow governors was the late Roman Catholic Archbishop of Liverpool, who at that time was the Roman Catholic Bishop of Portsmouth. He served with great commitment on that board and we were all great friends. We used to discuss the prison and its works. We would take heart from the encouraging things that were happening and laugh about some of the warm and positive stories that came out of the situation, but I remember that he would always say, “Basically, it is a very sad place”. What my wife talked about is something that I find very difficult to cope with: the prisoner who sees absolutely no light at the end of the tunnel. How does this help the process of rehabilitation? How does this help the process of reconstructing a life? From this standpoint, I believe that the amendment moved by the noble and learned Lord, not for the first time, can claim to stand for civilisation and humanitarian values in society. We should warmly applaud it.

[The Lord Bishop of Chichester]

My Lords, it will not surprise you that I wholeheartedly support the amendment. I am very grateful to the noble Lord, Lord Judd, for warning against sentiment. There is a robustness about offering human beings hope that contributes specifically to the rehabilitation and reconstruction of which he spoke. However, this is about much more than simply giving hope to individuals, because a society that does not give hope to individuals is unlikely to have hope for itself in areas in which it feels as a society hopeless. In terms of a civilised society, this is a very humane amendment which is necessary for our societal good as well as for the individuals for whom it is designed.