Crime: Reoffending

Debate between Lord Mackenzie of Framwellgate and Lord McNally

Thursday 1st March 2012 Lords Chamber

[Lord McNally]

My noble friend raises a problem that always emerges: if you go for localism, do you lose the central control on an issue? She is quite right that spending, or the commissioning of drug treatment services in the new public health system, will move to local authorities. However, the public health grant will be ring-fenced and the public health outcomes framework will include specific indicators on the completion of drug treatment and reoffending to make sure that my noble friend’s fear, that somehow there will be no spending on drugs programmes if left at the local level, will be averted. It is always a risk that localism will make its own decisions, but I hope that the priorities in funding and the checks on how it is spent will mean that her fears are unfounded.

[Lord Mackenzie of Framwellgate]

My Lords, I preface my question by inviting the Minister to join me in paying tribute to the life of PC David Rathband, who paid the ultimate penalty for preventing crime. Does he agree that the best way to prevent reoffending is through creating a fear of being caught, and that that is achieved by the presence of police officers on the street? Will this be achieved by reducing budgets to such an extent that the number of front-line police officers will be reduced?

Prisoners: Transport

Debate between Lord Mackenzie of Framwellgate and Lord McNally

Tuesday 7th February 2012 Lords Chamber

[Lord McNally]

Yes, I think that I can give the noble Lord that assurance. Again, standards of training is one of the things that the inquiry will be looking at. This will of course vary because we are talking about a large number of movements throughout a year and many of them are a very low category indeed. Under successive Governments over the last 15 years, the actual number of successful break-outs or escapes in transit has made this very much an exception rather than the rule. That is a sign of the improvements in transportation facilities and the training of staff. The wider review will look at this. As I said, if lessons are to be learnt, we will learn them. There is also the prospect that, with a greater use of television to allow distance interviewing of prisoners, there will be less need to transport them.

[Lord Mackenzie of Framwellgate]

My Lords—

Prisons: Population

Debate between Lord Mackenzie of Framwellgate and Lord McNally

Thursday 12th January 2012 Lords Chamber

[Lord McNally]

My Lords, that is the mirror image of the Question put by the noble Lord, Lord Dubs. There is no doubt that every time you release a prisoner, there could be a danger of reoffending. That is why the assessment is very thorough and the management—the Opposition Front Bench is nodding as though I was saying something brilliant. I am not changing policy at all, and what we are certainly not going to do is let out 80,000 people early because we have mismanaged the prison building programme. If anyone wants to talk about mismanaging prisons, we can look at the record over 10 years of the previous Government. In terms of the question asked by my noble friend Lady Knight, it is absolutely correct that Ministers are aware of public concern about the management of ex-prisoners. That is why we take great care in these matters and why, when we look at the alternatives to prison, we make sure that the public have confidence in the policies we put in place. That is the reality.

[Lord Mackenzie of Framwellgate]

My Lords, does the Minister agree that one of the greatest deterrents to the commission of crime is the fear of being caught? How is this helped by a 20 per cent cut in police funding?

[Lord McNally]

Again, there are great nods from the Opposition. Apparently the reality of the necessity for cuts has reached the Leader of the Opposition, yet any specific cut is met with shakes of the head. The police are being asked, as are many others, to carry through efficiency programmes, but we remain confident that they will deliver in terms of public safety while carrying out the programmes that have been requested of them.

Crime: Self-defence Homicide

Debate between Lord Mackenzie of Framwellgate and Lord McNally

Tuesday 8th November 2011 Lords Chamber

[Lord Mackenzie of Framwellgate]

To ask Her Majesty’s Government whether they will issue the police with further advice or guidance on self-defence homicide cases, in the light of recent decisions by the Crown Prosecution Service.

[The Minister of State, Ministry of Justice (Lord McNally)]

My Lords, the Ministry of Justice is working with the Home Office to update the code of practice made under the Police and Criminal Evidence Act 1984 to give the police further such guidance. A revised code was published for consultation on 1 November. That consultation will end on 24 January.

[Lord Mackenzie of Framwellgate]

I thank the Minister for that Answer. Does he agree that when burglars enter an occupied dwelling by criminal trespass and as a result one of the burglars is killed or seriously injured by a householder who is clearly defending himself, the public reaction generally is that the burglar deserved everything that he got? It is clear that this matter has to be seriously investigated, but is it really necessary, except in serious cases, for the police formally to take the householder into custody and arrest him with all the consequences that that involves, including searching, placing in cells and so on? Is it not possible for the police to use their discretion more often and to investigate the matter by inviting the householder to co-operate without formal arrest? After all, he is hardly likely to abscond. Does the Minister also agree that recent, highly publicised decisions do not capture the public mood? After all, liberty is precious and should not be removed lightly, particularly from an innocent victim.

[Lord McNally]

My Lords, I fully appreciate many of the points that the noble Lord, Lord Mackenzie, made in that question, which echoed a number of points that were raised in a debate initiated by my noble friend Lord Blencathra on 20 October. Following that debate the Director of Public Prosecutions, Keir Starmer, wrote to me to meet some of the points made in that debate by the noble Lord and other Peers. The director made the point that the CPS had explained that in certain circumstances the police may be advised that an expedited, streamlined file is required following initial investigations by the police. However, he made it clear that the CPS reserves the right to ensure that adequate time is allowed to conduct a comprehensive review of all the evidence available, in accordance with the Code for Crown Prosecutors.

Crime: Homeowners’ Liability

Debate between Lord Mackenzie of Framwellgate and Lord McNally

Tuesday 24th May 2011 Lords Chamber

[Lord McNally]

No, my Lords. I believe that the party opposite can take credit for the Criminal Justice Act 2003 because, as my noble friend said, it included a test to make it more difficult for a person who has been convicted of an imprisonable offence to make a civil claim for damages unless what they had encountered was grossly disproportionate to the circumstances. It is interesting to note that, since the introduction of Section 329, we are not aware of any claims by criminals for trespass to the person succeeding.

[Lord Mackenzie of Framwellgate]

Does the Minister agree that the starting point in dealing with burglars injured during the commission of an offence is that they are the author of their own misfortune?

Prisoners: Diet

Debate between Lord Mackenzie of Framwellgate and Lord McNally

Tuesday 21st December 2010 Lords Chamber

[Lord McNally]

My Lords, we are following this research very closely. It was conducted by Oxford University and funded by the Wellcome Trust. We understand that it is due to report in 2011 and we will build on the work to which the noble Lord referred, which was based on the Aylesbury Young Offenders' Institute. There is a lot of evidence tying in diet and behaviour, and we look forward to the report, after which the noble Lord will have to wait for our response. I hope that it will be a positive one.

[Lord Mackenzie of Framwellgate]

My Lords, given the laudable wish to improve the conditions of prisoners, should we not spare a thought at this time of year for the victims of crime, who far outnumber the perpetrators?

[Lord McNally]

Absolutely. There is no part of the programme that the Ministry of Justice has put forward that puts the perpetrators of crime ahead of the victims. Victims of crime are central to our policy, and all our measures are designed both to help victims and to avoid future victims.