Offensive Weapons Bill

Debate between Lord Ponsonby of Shulbrede and Lord Ramsbotham

Report: 1st sitting: House of Lords
Tuesday 26th February 2019 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I rise to speak against the Government’s proposals. I remind the House that I sit as a magistrate in London. In fact, earlier today I was dealing with knife-related offences at Highbury magistrates’ court. The noble Lord, Lord Paddick, summarised very fully the case that I was going to put forward so I will try to put forward different points, which were covered earlier in Committee.

The Government’s case is that the KCPO is aimed at filling a gap which is not covered by existing preventive measures, such as gang injunctions and criminal behaviour orders. The Minister has argued forcefully that the potential benefit of preventing knife crime through KCPOs outweighs the potential disbenefit of criminalising children who breach such an order. In essence, that is the argument which we have had a number of times over the last few weeks. She will be aware that many groups have advocated against these KCPOs, for the reasons that we have heard this evening.

Yesterday, I too attended the round-table meeting with the Minister in the Commons, Victoria Atkins. When I asked her for the difference between a KCPO and a conditional caution, I got a better answer than I was expecting because she said that the KCPO would provide a wraparound approach. I was a bit surprised by her words. Earlier this evening we heard from the noble Lord, Lord Hogan-Howe, about hoping to replace inadequate parenting with a more caring—I think that was the word—approach, so that parental care may be approached somehow through these KCPOs. That is absolutely great and I would support it as a good thing, but the reality is that there is no new money available. As far as I can see, the only difference between a KCPO and a conditional caution is at the level of entry into either the order or the caution.

As we have heard, the KCPO has a lower requirement. It is a civil standard, based on the suspicion of a police officer. I remind the House what the requirements for a youth conditional caution are. First, there may be a clear admission of guilt. That is one option but there is a second which is not normally remembered and where there does not need to be any admission of guilt. If the officer believes that there is sufficient evidence against the young person, they can choose to place a conditional caution even when there is no admission of guilt. Of course, all the conditions, as far as I can see, can be exactly the same either in the KCPO or the conditional caution. I do not see how the laudable aspiration of providing wraparound care or some form of parental guidance—or however one chooses to phrase it—would be better met with a KCPO than with a conditional caution.

There is the other effect, the one that we have been talking about, of net-widening when having the lower standard of proof. The people who have advised me are confident that that will bring more young people into being criminalised, which I would regret.

The Minister gave a very strong speech earlier this evening, but the reality is that there is no more money available. That is much more important than however many pieces of legislation that this House chooses to pass. I hope that the Minister will say something encouraging about putting more money into youth services for young people, because that is the true answer to this problem.

[Lord Ramsbotham]

I rise to oppose the KCPO proposal, as I did in Grand Committee. I shall not repeat all the arguments that I raised then, because other noble Lords have already mentioned them. However, I ask the Minister: who dreamed up these KCPOs? Were they a Home Office invention? It appears that the Youth Justice Board, the Children’s Commissioner and local government services were not consulted. The Magistrates’ Association, the Association of Youth Offending Team Managers, the Local Government Association, The Children’s Society and the knife crime APPG are all opposed to it. We hear from the noble Baroness, Lady Meacher, that the police and crime commissioner in Durham is also opposed to it.

I am glad that the noble Lord, Lord Ponsonby, mentioned the cost, because there is no reckoning or details of the cost available to Members of this House. I question the pilot and am also worried about Amendment 63, because that seems to click in only if the KCPOs are approved. I hope that the House will not approve them.

Criminal Justice and Courts Bill

Debate between Lord Ponsonby of Shulbrede and Lord Ramsbotham

Monday 14th July 2014 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I want to add to some of the comments made by my noble friend Lord Beecham on the make-up of the review of the Parole Board. My understanding is that at present Parole Board members can either sit as a single Parole Board member or as two or as three. They can be a mixture of lay people and lawyers. It is of course desirable that the more serious the case, the greater the legal training and the more appropriate the experience of the people sitting on those hearings. I also wonder whether the Minister can comment on the possibility of using lay magistrates to sit on parole hearings. Is this something that the Ministry of Justice is willing to consider? We have a resource in the pool of magistrates throughout England and Wales, so is the ministry considering the use of magistrates in parole hearings? The whole subject of the Parole Board is extremely important, as we have heard from my noble friend Lord Beecham, and is something that needs to be managed very carefully, given the reduction in the resources being made available to it.

[Lord Ramsbotham (CB)]

My Lords, perhaps I may add a word to what the noble Lord, Lord Ponsonby, has said in amplification of his noble friend Lord Beecham. In addition to saying that £3 million would be made available, the Minister has been quoted as saying that a number of changes are to be introduced to ease the pressure on the Parole Board. In addition to the possibility of lay magistrates being used, as mentioned by the noble Lord, Lord Ponsonby, can the Minister outline exactly what those changes are? I am quite certain that the Supreme Court introduced the Parole Board in oral hearings because it was satisfied that the board gave a fair hearing to people, and that was how it operated. I would hate to think of some of the parole decisions being reduced to bureaucratic decisions taken by officials.

Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Lord Ponsonby of Shulbrede and Lord Ramsbotham

Tuesday 20th March 2012 Lords Chamber

[Lord Ramsbotham]

I was very glad to put my name to this amendment. As always, it is a pleasure to follow the noble Baroness, Lady Linklater, and the noble Lord, Lord Judd. On this occasion, I do so because it provides an opportunity, which is not present in much of the rest of the Bill, to mention the problems faced by the probation service.

It was a great pity when the probation service was made subordinate to the Prison Service under the arrangements of the National Offender Management Service because for years they had worked closely together with the courts and the police in the local area. The amendment draws attention to that relationship. It also makes the point that magistrates must know what is capable of being done in prisons so that there is relevance between what is ordered to be done for the rehabilitation of someone and what is able to be delivered. That will be different all over the country, and rightly so because conditions will be different. Also, as I mentioned in Committee, if prisons and the probation service had to do the same thing everywhere, it would help sentencers enormously to know what was there and what was not there, and the Ministry of Justice would also know what there was and could make good any shortfalls.

The other day, I was very alarmed to hear that the governor of Lindholme, Moorland and Hatfield prisons in Yorkshire had ordered the probation service out of those prisons because the local probation service in that part of Yorkshire was having to work with G4S over the provision of probation services. Presumably, that must have been under the direction of the National Offender Management Service and under all the marketing strategies that it is following. I mention that because I am very disturbed about probation services being marketed when the service is concerned with the face-to-face probation officer and offender relationship, which is absolutely crucial to rehabilitation.

I do not know on what authority the governor ordered the probation service out, but it is alarming because, if he is able to do that, he is interrupting the whole rehabilitation process and drawing attention to the fragility of probation, which must work closely in the community, with police and probation being subordinate to prisons. Therefore, apart from supporting this amendment, which I think improves the Bill and draws attention to the rehabilitative element of all that is going on, I am also glad that it allows us to draw attention to the problems faced by the probation service without which we are not going to be able to reduce the vast numbers in prison who are choking that system.

[Lord Ponsonby of Shulbrede]

I support the amendment in the name of the noble Baroness, Lady Linklater. I agree with everything she said. I remind the House that I currently serve on one of these committees in central London. It is not a statutory committee, but it is a very important committee from which I certainly benefit in my work as a magistrate, as I know all my colleagues do. Nevertheless, I want to make the point that there are other statutory committees. I am thinking of the bench training and development committees which are required to sit under statute. With the best will in the world, the officials administer those committees more thoroughly than they do the probation liaison committees, precisely because they are not statutory committees. For that reason alone, I recommend to the noble Baroness, Lady Northover, that the statutory provision would add weight to what is, after all, one of the Government’s primary objectives, which is to make sure that the magistracy has confidence in community sentences.