Legal Aid, Sentencing and Punishment of Offenders Bill
Lord Lloyd of Berwick Excerpts(12 years, 8 months ago)
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Lord Lloyd of Berwick
My Lords, at this late hour, I, too, will confine myself to a single, rather narrow point on legal aid. It concerns a particular aspect of claims for clinical negligence; namely, the cost of obtaining expert reports.
In almost all cases, expert reports are a prerequisite if a claim is to succeed. The cost of such reports is usually covered by after-the-event insurance in the manner described by the noble and learned Lord, Lord Woolf, and, before him, by the noble Lord, Lord Faulks. Since 2000, the premium paid by the plaintiff to obtain such insurance has been recoverable from the defendants, usually the National Health Service, whether the plaintiff wins or loses.
It was the Government’s original intention that premiums payable for ATE insurance should cease to be recoverable, along with success fees and referral fees. However, the Government listened to certain concerns, particularly about the effect that that would have on funding expert reports. The point was put very clearly by the Minister in the other place on 2 November. He said:
“Such reports, which can be expensive, are often necessary in establishing whether there is a case for commencing proceedings, which raises particular issues if recoverability of ATE insurance is abolished. In responding to these concerns, clause 43 provides, by way of exception, for the recoverability of premiums in respect of ATE insurance taken out to cover the cost of expert reports in clinical negligence cases”.—[Official Report, Commons, 2/11/11; col. 1027.]
As a consequence, the Government introduced Clause 43 as we now find it.
My concern is not about the Government’s objective, quite the contrary—I agree that the cost of obtaining reports should not in any event fall on the plaintiff. However, I would respectfully suggest that there is a much better way of achieving that desirable objective, rather than the rather complex provisions that one finds in Clause 43. I hasten before anything else to add that this is not my idea, but an idea of Lord Justice Jackson. I echo the tribute paid by the noble Lord, Lord Hunt, to what Lord Justice Jackson achieved, by my calculation, nearly five years ago. It was an astonishing achievement in less than a year. In that respect, he has really done the state some service. His suggestion is that if clinical negligence generally is not to be covered by legal aid, it should at least, by way of exception, cover the case of expert reports, since expert reports are, as the Minister in the other place has already accepted, an exceptional case.
Why then is legal aid a better way of achieving that desirable result than what is contained in Clause 43? The reasons are set in Lord Justice Jackson’s lecture, to which reference has already been made by the noble and learned Lord, Lord Woolf, and others. I pick out only two of his reasons. The first is cost, a point touched on by the noble Lord, Lord Gold, quite recently. At the moment, after-the-event insurance premiums are at an all-time high. The Law Society says that the cost of ATE insurance is “currently prohibitive”. They are a major element in the cost of clinical negligence cases, which currently falls on the taxpayer and will continue to fall on the taxpayer if Clause 43 stands.
Secondly, Clause 43 is inefficient. The cost of obtaining expert reports will fall on the state—on the taxpayer—however wealthy the plaintiff. The great advantage of legal aid in this context is that it is selective and only available to those who qualify. That, surely, is as it should be.
The cost of making legal aid available for obtaining reports would be, as I understand it, a mere £6 million per year, but the savings to the public purse, by amending Clause 43, as I shall suggest in due course, are far greater than that.
Whatever view the House may eventually take about legal aid for clinical negligence generally, I hope that both sides of the House will accept that it should certainly be available in the case of expert reports, in accordance with Lord Justice Jackson’s views.
House of Lords: Reform
Lord Lloyd of Berwick Excerpts(13 years, 1 month ago)
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Lord Lloyd of Berwick
My Lords, it is very difficult to follow a speech such as we have just heard. I say at once that I am against a wholly elected House. Apart from anything else, it would mean losing the Cross Benches, a point made very powerfully this morning by the noble and right reverend Lord, Lord Eames. I think most of us would agree that the Cross Benches are, in the immortal words of 1066 and All That, “a good thing”, not because we are in any way better than any other Members—of course not—but because we are independent not only of party but of each other, as we have seen very often during the last few weeks; indeed, we will see it shortly when the noble and learned Lord, Lord Scott, follows me. He and I share a room and I know that he strongly disagrees with everything that I am about to say.
I am not only against a wholly elected House; I am against a wholly appointed House, for two main reasons. First, it would give too much power to the seven members of the Appointments Commission just as the present system of appointing Peers gives much too much power to the Prime Minister.
Lord Elton
Is the noble and learned Lord aware of the fascinating fact that this House was more than 50 per cent appointed in the regime of Tony Blair, when the Government suffered the greatest reverse of any time in their history since the Second World War?
Lord Lloyd of Berwick
I am not sure that that answers the point that I am against appointment by the Prime Minister. I would also be against appointment by so small a body as the seven eminent men who are apparently proposed. To have seven people appoint the whole of one Chamber of a bicameral Parliament seems to me to be wrong in principle.
Secondly, it would mean that the voice of the people had not been heard in choosing any of the Members of this House. The noble Baroness, Lady D’Souza, argued yesterday that the voice of people is heard, and often heard, in this Chamber. That is true and I entirely agree with her. However, it is not heard in choosing the Members of this Chamber, which is a very different thing. That was the great point made yesterday by the noble Lord, Lord Ashdown. Perhaps even more relevant, it was the great point made by the royal commission under the chairmanship of the noble Lord, Lord Wakeham.
The noble Lord, Lord Armstrong, in his measured speech this morning, was not against reform but he said that we should take it slowly and even think of appointing a royal commission to take the matter forward. Surely he was forgetting that we have already had a royal commission. Its membership could hardly have been more distinguished—eight were Members of this House out of a total of 12, I believe. They took a mass of evidence, both expert and non-expert. May I say in passing that I am really surprised that so little has been said so far in any of the speeches that I have heard about the work that that royal commission undertook? I think that the noble Lord, Lord Wakeham, himself was the only person who has mentioned it, and he was far too modest about the merit of the proposals in that royal commission. It reached very clear conclusions, one of which was that a significant number of Members should be elected to represent the regions—the north-east, the north-west, Scotland, Wales and so on. There are 12 regions in all. That seems a very good idea. The commission went on to consider various models of how it might be achieved; under model B, there were to be 87 elected Members to represent the regions, or 15 per cent of the total, while under model C it was somewhat more. A majority of the royal commission favoured model B, and so would I.
I am in favour of a partially elected House. There are two main arguments against having any elected Members at all. First, it might lead to friction between elected and non-elected Members; secondly, it might lead to friction between this House and the other place—and perhaps even call in question the conventions that we all know. The royal commission dealt with each of those objections at considerable length and rejected them both, and so would I. Of course, a wholly elected House would challenge the primacy of the other place. That almost goes without saying. That of course is what is proposed, but it is not what the royal commission proposed and not what I favour.
Since in a debate of this kind, one should always come down and say what one does actually want, perhaps I can say what I would like to see and to have considered by the hardworking committee that will consider all these matters. I would like to see a House of 400 Members—rather more than the 300 proposed in the Bill. There is more than enough work for 400 Members to do. Of those 400, 320 would be appointed by the new Appointments Commission, of whom 100 would be Cross-Benchers. The remaining 80 would be elected by proportional representation to represent the 12 regions, as recommended by the Wakeham commission. I am easy as to the form of proportional representation, as long as independent Members are not discouraged from standing. They would serve for two terms, renewable; they would not be eligible for election thereafter to the House of Commons, so the House would not become a stepping stone for ambitious politicians. All Members, whether appointed or elected, would be paid the same salary, which would be taxable.
I accept that of course what I am in favour of is a compromise between what is proposed in the Bill, which I do not like, and the wholly appointed House favoured by very many. But a compromise may yet become necessary if we are to reach a consensus with the views held in the other place, whatever they may turn out to be. I would not expect such a compromise to be popular in either place, but then compromises are never popular until they become inevitable, and often not then.
Lord Gilbert
Perhaps the noble and learned Lord could enlighten us as to how a Prime Minister should proceed when he finds that there is no material in the other place adequate to form a Government, which has been the effect on every Prime Minister for the last 50 years, and probably many before that.
Lord Lloyd of Berwick
I am not altogether clear as to the relevance of that point to what I was saying. I am not suggesting any alteration in the other place; I simply referred to what I would hope might be regarded as incremental reform of this place, to use the expression of the noble Baroness yesterday.
Lord Gilbert
If I might help the noble and learned Lord, I heard him say that he was against any appointments to this place by a Prime Minister. If a Prime Minister cannot have total freedom to choose his Government, what is he going to do under the noble and learned Lord’s recommendations?
Lord Lloyd of Berwick
Of course the Prime Minister can choose the Government. There is an argument, which we have already had, as to whether he should be entitled to choose Ministers to sit here, but what I am against is the Prime Minister choosing, as he does, the vast majority of the Members currently present.
Justice: Reform of Punishment, Rehabilitation, Sentencing and Legal Aid
Lord Lloyd of Berwick Excerpts(13 years, 1 month ago)
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Lord McNally
My Lords, today we have committed to a review of indeterminate sentencing, which we hope will be concluded by the autumn. We will then bring forward proposals on what happens next. On the question of what we are doing with the people who are already on IPPs, each individual prisoner will continue to be assessed on a case-by-case basis by the Parole Board. The review will look at all the ways in which these assessments operate, to ensure that the real work is done to reform offenders when they are in prison. When my noble friend sees the full proposals, I think that he will also see that we are taking a lot more care to try to address the rehabilitation of these long-term offenders while they are in prison.
I take my noble friend’s point about judges’ discretion. The longer I have been in this job, the more convinced I have been that we should rely on the discretion of a well informed judge, rather than on Parliament second-guessing the judiciary at long distance by too-restrictive legislation. We will see how this unfolds, because one idea that is certainly being brought forward is the use of mandatory life sentences for serious repeat offenders. I have to point out that this Bill will go through both Houses and I am quite sure that I will hear more of the argument that my noble friend deployed when the Bill comes before this House later in the year.
On clinical negligence, legal aid is currently available to those who have suffered negligent medical treatment and qualify financially to seek damages against any type of public or private medical practitioner. While these claims are for money compensation, we consider that they often raise serious issues, especially where the damages are required to meet future needs, and some litigants will be vulnerable because of disabilities resulting from the negligent treatment. However, although the issues raised are likely to be very important, we consider that there is a viable source of alternative funding to legal aid in conditional fee arrangements, which are more readily available in such cases than they are for other claims. We therefore consider that legal aid is not justified in these cases and that our limited funding would be better targeted on other priority areas.
I take the point that my noble friend makes about solicitors. One of the good things about them is that they are increasingly branching out into offering mediation services—something that we very much support.
Lord Lloyd of Berwick
My Lords, I, too, welcome the review of indeterminate sentences, which were introduced by the previous Administration in 2003 for the protection of the public. Given that the opposition to IPPs is so strong on all sides, including—if I understood the noble Lord correctly—among the judges, I, like the noble Lord, Lord Bach, wonder why a review is necessary. Why can we not simply repeal the relevant section in the 2003 Act and leave it at that?
Secondly, as the noble Lord knows, I do not like mandatory sentences for the use of knives to threaten or endanger. Is there any evidence at all that the sentences currently being imposed by the judges in those cases are too low? If not, why do we need a mandatory sentence?
Thirdly and lastly, the most noticeable absence from the Statement is anything about Schedule 21, which imposes on judges a rigid framework in murder cases. There was a great deal of opposition to that, too, and yet there is nothing about it at all in the Statement. Once again, why do we not leave it to the judges who handle these cases to impose the appropriate sentence, advised as they are by the Sentencing Council, which was created for that very purpose?
Lord McNally
My Lords, even as I was saying the words about the decision on mandatory sentencing, I had the noble and learned Lord very much in mind. I know his views on the matter. We will have to see how the matter goes through. I know that there are conflicting opinions on it. As I have said, my inclination is for a lot more judge power to be employed, rather than finding the prison population surging not because of a surge in crime but because changes have snared people who might not otherwise have been sent to prison.
On Schedule 21, we want a simpler and more transparent sentencing framework that is also more coherent. We consulted on a proposal to reform Schedule 21—as a possible simplification of the sentencing framework, rather than a measure to change sentencing practice—which sets out the starting point for determining the minimum terms to be served by an offender receiving a mandatory life sentence for murder. There was some support for revisiting the drafting of those provisions, but others took the view that the courts have already interpreted them in a consistent and flexible way. We have therefore concluded that reform is unnecessary at present.
Crime: Rape
Lord Lloyd of Berwick Excerpts(13 years, 2 months ago)
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Lord McNally
I know that the noble Lord has raised these matters on a number of occasions. The Government’s sentencing and legal aid Bill will shortly come before the House—or, rather, before Parliament, as it will go to the Commons first—and it will give us a chance to consider again the issues that he has raised consistently. However, his assertion that there are large numbers of false claims for rape is not, as far as I am concerned, borne out by research.
Lord Lloyd of Berwick
My Lords, leaving aside what the Lord Chancellor may have said, does the noble Lord agree that sentencing in rape cases, as indeed in all cases, is a matter for the judges? Subject to the maximum sentence for any given crime, which in the case of rape is, as the noble Lord has pointed out, life imprisonment, it is for the judges to decide where the particular case fits, subject of course to the guidance of the Sentencing Council.
Lord McNally
My Lords, perhaps this is an opportune time to say from the Dispatch Box that this is certainly a case where Parliament should trust the judges, and so should society at large. Only the judge hears the full case, the full information and the full background and is able to make a proper judgment as to the required punishment. Nobody should be in doubt that the judiciary, the Government and society at large treat rape very seriously and the perpetrators will be punished appropriately.
Courts: Super-injunctions
Lord Lloyd of Berwick Excerpts(13 years, 2 months ago)
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Lord McNally
That is an extremely interesting question, one I hope that the Master of the Rolls has been considering and one to which he will give the answer tomorrow—I think.
Lord Lloyd of Berwick
Would the noble Lord accept that, of course, the judges take the public interest into account at the moment when deciding whether to grant a super-injunction? Would he also accept, as has been said so often, that the public interest in this connection is not to be equated with what may be of interest to the public?
Justice: Civil Litigation Reform
Lord Lloyd of Berwick Excerpts(13 years, 3 months ago)
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Lord Lloyd of Berwick
My Lords, I welcome the review of civil justice. One problem with the civil justice system is that we have, over the past 10 years or so, succeeded in creating what amounts to a parallel system of criminal justice enforced by the civil courts, thus adding to the burden that already exists for the civil courts to discharge. I have in mind in particular the serious crime prevention order and the violent offender orders. Those are just examples of what we are doing; there are many others. Would it not be better for what are essentially matters of criminal justice to be dealt with in the criminal courts and not in the civil courts, thus relieving the pressure on the civil courts? Could the Minister see his way to somehow looking again at the serious crime prevention orders and the violent offender orders and repatriate them, if that could be done, to the criminal courts rather than the civil courts?
Lord McNally
My Lords, I will certainly not bluff the House that I am able, with no legal training, to assess the noble and learned Lord’s suggestion. These are still proposals, and his intervention will be reported back to the Lord Chancellor. If his suggestions have merit—and coming from that source, I have no doubt that they do—I am sure they will be given full consideration before we bring forward our final proposals.
Crime: Murder
Lord Lloyd of Berwick Excerpts(13 years, 6 months ago)
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Lord Lloyd of Berwick
To ask Her Majesty’s Government whether they plan to reconsider their decision, announced in the Ministry of Justice Green Paper Breaking the Cycle: Effective Punishment, Rehabilitation and the Sentencing of Offenders, not to abolish the mandatory life sentence for murder.
The Minister of State, Ministry of Justice (Lord McNally)
My Lords, the Government have no plans to abolish the mandatory life sentence for murder.
Lord Lloyd of Berwick
I thank the noble Lord for that Answer. Is he aware of recent research that shows that the public are not in favour of a life sentence in every case of murder, as is so often thought, especially not in cases where the conviction has been of a mercy killing? Seventy-nine per cent of those consulted in face-to-face interviews last May said that they thought that nine years or less would be sufficient in such cases, which corresponds almost exactly with a recent decision in the Court of Appeal that reduced the minimum term from nine years to five years. Against that background, why do the Government continue to think that a life sentence is necessary in every case of murder? Why not leave it to the judge to decide on the facts of the particular case? Why not at least consult the public on this in the consultation exercise that is currently taking place?
Lord McNally
My Lords, the noble and learned Lord is referring to the Nuffield Foundation report Public Opinion and Sentencing for Murder. I know that because he was generous enough to send me the report, which, in my reading, shows that there is a good deal of public confusion about the law of murder. Perhaps there is a need for greater education and explanation. The blunt fact is that the Government considered these and other proposals in the recent, or not so recent, Law Commission report on the matter. However, they came to the conclusion that the time was not right to take forward such a substantial reform of our criminal law.
Legislation
Lord Lloyd of Berwick Excerpts(13 years, 6 months ago)
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Lord McNally
Because sometimes, my Lords, the procedures of the House do not allow for non-tired Lords, but I cannot believe that a piece of legislation the total number of hours for which it has been scrutinised by this House will, at some time tonight, exceed the total time for which it was scrutinised in the other place has been subject to any abuse whatever on this side of the Chamber.
Lord Lloyd of Berwick
My Lords, are there any plans, as there once were, to consolidate the mass of recent legislation on terrorism? That would be a great aid towards simplification.
Lord McNally
I cannot give an instant response but, as so often with the noble and learned Lord’s interventions, it is a good suggestion, not least because I understand that some of the pieces of terrorism legislation passed over the past decade were never actually put into practice.
Parliamentary Voting System and Constituencies Bill
Lord Lloyd of Berwick Excerpts(13 years, 7 months ago)
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Lord Browne of Ladyton
My Lords, like my noble friend Lord Grocott, I had not intended to speak in this debate but he encouraged me to do so with his introductory remarks. I rise to do two things. First, I remind your Lordships that, far from the European Convention on Human Rights being some foreign, European imposition on our culture, it was in many ways our post-war gift to the rest of Europe. The convention was largely drafted by British jurists. The structure that was put in place to enforce those conventional rights was part of that gift, which we encouraged upon the rest of Europe. This is a very British thing to do in many ways. It has taken decades for this issue to come before the court and for the court to give its opinion and impose back upon us, as it were, an interpretation of those rules that allows prisoners the legal right to vote. It has its roots in our own jurisprudence and legal thought. We should not in any sense blame this on others or suggest that it is being imposed on us.
Secondly, I support and commend my noble friend Lord Foulkes for raising this issue here, although it will not result in amendment of the Bill or in the opportunity, at last, for us to live up to the consequences of the judgment, do what will inevitably need to be done and deal with the issue—to grasp the nettle, as another noble Lord suggested. However, it gives the coalition Government’s Front Bench an opportunity to reassure your Lordships’ House that we will not find ourselves in a situation where they give either a subset or all of this group of people a vote by decisions made through legislation in this House, and then immediately deny those persons their say in a referendum. That would be an entirely inconsistent position. I look for assurances from the noble Lord, Lord McNally, that the Government will do everything they can to ensure that, if they intend to give prisoners or any class of prisoners the vote, the legislation will allow prisoners to express their preference in a referendum.
There are several practical considerations. For example, in the other place I represented a constituency that had a large prison in it. Working out whether those people were best served by maintaining their relationship with the Member of Parliament who represented them in their home patch or whether they were my constituents for the issues that they raised with me, exercised my mind on many an occasion. These issues have to be resolved and worked through and they are by no means straightforward.
I remember being told many decades ago by a governor of Barlinnie prison that part of the problem was that we had not appreciated that we send people to prison as punishment, not for punishment. This was at a time when the Scottish prison system was in complete turmoil; we were caging people within cells in Porterfield prison in Inverness to control their behaviour. Many people are punished further than the courts intend by being denied that right and that responsibility when they are in prison. For the bulk of our prison population, whether they lose their vote is entirely a matter of luck. Most of them are in and out in such a short period that, if there is a coincidence of an election, it is entirely a matter of luck—to do with how their case is dealt with, the time involved and the proceedings—whether they are denied a vote. It is not as if everybody who is convicted of a crime between elections is denied a vote in the next election; it is entirely a matter of random luck. The sooner we resolve the issue, the better. The opportunity that my noble friend has given us to air some of these issues has benefited this House and the debate. I commend him once again for introducing this matter.
Lord Lloyd of Berwick
My Lords, I can be very brief, mainly because I have not so far taken any part in the issue which has been urged for so long and so very effectively by the noble Lord, Lord Ramsbotham. However, I have listened to the debate this afternoon, and it seems to me that by supporting the amendment we will be taking at least a step in complying with the judgment of the European Court of Human Rights which has been outstanding for so long. It may not be the best solution—I do not know whether it is or not—but, on the principle of half a loaf being better than no bread, I lend my support to the amendment.
Lord Bach
My Lords, for many years the law in this country has decreed that if you lose your liberty, you lose your right to vote. However, as we have heard, the European Court of Human Rights has ruled that this blanket ban on prisoners voting must be ended. My noble friend Lord Anderson is right: a large number of people in the United Kingdom do not agree with that ruling, which makes the issue a difficult one for politicians of all shapes and sizes. Nevertheless, when Labour were in government—I am delighted to see the noble Lord, Lord Henley, in his place as he and I used to agree on this subject just a few months ago—we accepted that we had a legal obligation to comply with the European court ruling, and that compliance would ultimately mean giving some prisoners the vote. Mindful of the need to take account of public opinion—that is a real issue here—in responding to the European court judgment, we undertook a consultation process aimed at identifying an acceptable solution to a difficult problem.
I praise the Liberal Democrats who were always keen, when in opposition, that the Labour Government should act more speedily on this issue than was the case. However, I recall that throughout our discussion on this issue—we debated it for some time in the previous Parliament—the Conservative Party urged us to stay as we were and not to get on with it. Indeed, the right honourable and learned gentleman who is now the Attorney-General said, when in opposition, that it would be “ludicrous” if prisoners got the vote. When I used to sit where the noble Lord, Lord McNally, does today, I was always relieved to have the support of the noble Lord, Lord Henley, when he was on the opposition Front Bench, and that of the noble Lord, Lord Tebbit, among others, against the proposal that prisoners should have the vote. Therefore, let us not have any criticism of us, as I am afraid the Lord Chancellor has been prone to do in the past week or so, saying that we should have legislated on this some time ago. I do not believe that the Conservative Party manifesto stated that prisoners should vote in the previous general election, but I am, of course, conscious that the other half or third, or whatever it is, of the coalition will respond today, and no doubt he will speak, as always, on behalf of the Government.
However, more seriously, it must be acknowledged on all sides of the House that there is a strong sense among the public—I think this is what the noble Lord, Lord Grocott, was getting at—that a decision may be being forced on the country against the will of the people. Indeed, reading what the Prime Minister has said about this issue, one feels that he thinks that, too. Clearly, this issue has some potential to undermine yet again public faith and participation in the political process. For that reason the Government have to respond to the European Court ruling in a way that is mindful of the views of the public and reassures them that their representatives are not simply rubber-stamping decisions made elsewhere. I hope that all noble Lords agree that it must be done in a way that is sensitive to British values and respects the position of this sovereign Parliament.
To be fair, the European Court itself recognises that fact, which is why it agreed to give the Government a degree of flexibility in how they respond to the ruling that a blanket ban on prisoners’ voting is unlawful. I believe that the concept is called a “margin of appreciation”, which has also been known to apply in other fields, but is particularly important here. In short, therefore, we would argue that the Government are not compelled by the margin of appreciation to give all prisoners the vote, but are required to enfranchise some. It is clearly up to the Government to decide who they believe should have the right to vote and to put that decision to Parliament.
It is rumoured on the grapevine that there will be an announcement before Christmas; I think that that grapevine is called the Lord Chancellor. In reply to the debate last week on the sentencing Green Paper, I think he made an announcement that there would be a parliamentary Statement around this subject before the Christmas Recess, and we look forward to hearing what it has to say.
The amendment of my noble friend proposes to give the vote to all prisoners sentenced for up to four years in jail. That seems to be going too far. While it may be possible to persuade people to accept a change, whereby prisoners convicted of comparatively low-level crimes are allowed to vote, we do not believe that the law-abiding public would easily accept a solution that ends up with people guilty of really serious offences—including violence, sexual assault or crimes against children—having a say in who represents them while they are in custody. That could be the consequence of the amendment, which would set the threshold to as high as four years.
We find deeply unattractive the idea that that a judge should have a say as to whether an individual whom he is sentencing should have the vote. The first reason why it is unattractive is because, frankly, I do not think that there is any judge in existence who would want that power. Secondly, the idea’s unattractiveness is demonstrated, for example, by the prospect of a prisoner not being allowed to vote because a judge has used his discretion in a particular way, and whether that prisoner should have a right of appeal about that aspect of the sentence.
Lord Bach
I have to say that the possibility of that kind of appeal clogging up an already busy system is not one that we would support, particularly at this stage.
We cannot support the amendment, although we are grateful to my noble friend for raising this subject—as, I am sure, the Committee is—because the issue has exercised this House a great deal over the past few years. We very much look forward to the Government coming up with their proposals in the next few weeks.
Lord Lloyd of Berwick
The noble Lord says that he cannot support four years as being just too long from the point of view of public opinion. What period would he support?
Justice: Magistrates’ and County Courts
Lord Lloyd of Berwick Excerpts(13 years, 8 months ago)
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Lord McNally
My Lords, the attraction of multi-purpose buildings has a superficial appeal. The problem is that many of them that might offer that up have no facilities for custody or for victims and witnesses and poor security for professional staff and judges. Therefore, although we will look at the case for that use, the best way is to have modern, purpose-built courts that can dispense justice efficiently. On the first part of my noble friend’s question, yes, we are well aware of the long-standing role of magistrates. Next year will be the 750th anniversary of magistrates in this country.
Lord Lloyd of Berwick
My Lords, I declare an interest as a former president of the Sussex Magistrates’ Association, and I am sorry to say that the magistrates’ court at Lewes is currently under threat of closure. Does the Minister agree that the more work we can channel into the magistrates’ courts, the better? If so, why do we not now consider raising their jurisdiction limit from six months’ imprisonment to 12 months’ imprisonment?
Lord McNally
My Lords, I take note of that advice. One of the objectives in the Government’s review of sentencing, which will be published shortly, is to ensure that a proper volume of work goes through the magistrates’ courts.