Public Bodies Bill [HL]

Lord Ramsbotham Excerpts

Wednesday 23rd November 2011 Lords Chamber

Moved by

[Lord Ramsbotham]

As an amendment to the Motion that this House do agree with the Commons in their Amendment 47, leave out “agree” and insert “disagree”.

[Lord Ramsbotham]

My Lords, as the Minister has already announced the Government’s intentions, which he informed me about earlier this afternoon, I do not intend to detain the House with the contents of the speech that I would otherwise have given.

I would like to thank and congratulate the Government on the decision that they have come to. By deciding to retain the Youth Justice Board, they have provided a service to two separate organisations and bodies: first, the youth justice system as a whole, which has benefited from the leadership and direction of the Youth Justice Board since 1999; and, secondly, the Ministry of Justice itself, because it has retained an independent body capable of directing and overseeing the youth justice system on its behalf that is accountable and responsible to Ministers. This is particularly important in the light of the riots in the summer, because during that period the Youth Justice Board played an enormously important part both in liaising with, overseeing and helping the youth offending teams out in the community and in overseeing the introduction and reception into custody of people who required a great deal of help.

An interesting by-product of that is that people have realised that there is one group of young people in the criminal justice system who are not receiving the degree of oversight they could, and they are referred to as young adults, particularly those in the age group 18 to 21. I remember complaining about nothing being done for them in my thematic review, Young Prisoners, in 1998. There has been nothing done for them since. They are the poor relation and they are showing it. In the Youth Justice Board, the Ministry of Justice has a trained and experienced group of people who could take on this responsibility and help it out of a problem that is in urgent need of resolution.

Having said that, because all the reasons for my disagreement were discussed when the Bill came through the House, I beg to move.

--- Later in debate ---

[Lord Ramsbotham]

My Lords, I thank the Minister for the comprehensive nature and the spirit of his reply. I am very glad that he recognised that this House maintains an interest in the Youth Justice Board, because the House has a great deal of interest in expertise in the development of young people. I am very glad that the Minister, the noble Lord, Lord Warner, and the noble Baroness, Lady Linklater, mentioned by name Frances Done, the chairman, and John Drew, the chief executive, because during this period they have done two things: first, they have shown leadership of the system itself; and, secondly, they have show leadership of the board and the staff working for them during very uncertain times. They deserve the thanks not just of this House but of the nation. I do not propose to keep the House any longer because, thanks all those who have contributed, we have covered all the issues, including the thanks and congratulations to the Minister. I therefore beg to move that the House agree with the amendment.

Motion, as amended, agreed.

Legal Aid, Sentencing and Punishment of Offenders Bill

Lord Ramsbotham Excerpts

Monday 21st November 2011 Lords Chamber

[Lord Ramsbotham]

My Lords, I shall not touch on legal aid or sentencing, which have been so comprehensively covered by other noble Lords, but instead try to explain a long-held disappointment and how it leads to a current fear.

When I heard that there was to be a legal aid, sentencing and rehabilitation of offenders Bill, I hoped that this marked the end of the mistaken idea that the criminal justice system is solely about punishment. However, when the Bill appeared, my heart sank because there was the word “punishment” instead of “rehabilitation”. The change had been ordered, I was told, by No. 10 Downing Street, and it confirmed my fears that a truly coherent criminal justice policy remains an impossibility while there is a continued failure to understand or accept what its acute part—imprisonment—is all about.

The criminal justice system is made up of four distinct parts: courts, police, prison and probation. The success or failure of the system as a whole depends on these four understanding and working with each other. I put imprisonment in pole position because, like hospitals in the NHS, prisons are the acute part, where treatment takes place and to which no one should be sent unless they need the treatment that only hospitals or prisons can provide. That treatment will not be completed in either hospital or prison, but has to be continued in the community in the form of aftercare.

However, just as the healthcare system would break down if hospitals were choked with people who did not need that level of treatment, so the criminal justice system has broken down over the past 18 years because prisons have been choked with steadily increasing numbers who do not need expensive imprisonment. The Justice Secretary should know this because he was Home Secretary in the early 1990s, the last time that there was any clear thinking about imprisonment, as set out by his predecessor, the noble Lord, Lord Baker of Dorking, in his 1991 White Paper Custody, Care and Justice, following the prison riots in 1990, and the masterly report on their causes and possible repair by my noble and learned friend Lord Woolf.

That White Paper, agreed to by all political parties, laid down clear priorities for the Prison Service. These included: to develop community prisons, which will involve the gradual realignment of the prison estate into geographically coherent groups serving most prisoners within that area; to increase delegation of responsibility and accountability to all levels, with clear leadership and a published annual statement of objectives; to provide a code of standards for conditions and activities in prisons which will be used to set improvement targets in the annual contracts made between prison governors and their area managers; and to provide active and relevant programmes for all prisoners, including unconvicted prisoners. Had those priorities been enacted and had the thoroughly unpleasant competition between the main political parties to appear tougher—or not weaker—than the other not undermined rational thinking about the role of imprisonment, I believe that we would not be in today’s mess.

What is that role? Some say that it is to deter people from crime, but the figures prove that the fear of imprisonment does not do this; others that it is to satisfy victims, but they are only a small part of society; others that it is to reform and rehabilitate those who are sentenced to imprisonment; and others that it is to punish, but the deprivation of liberty is the only punishment involved. Courts determine the length of that punishment, related to the seriousness of the crime. Therefore, while imprisonment is punishment, prisons are not for punishment, at least not in a civilised country, which we purport to be. Finally, some think that it is a mix of all four.

However, roles are synonymous with aims. The overall aim given to the criminal justice system is to protect the public by preventing reoffending. Therefore the role of the Prison Service should be related to the prevention of reoffending, which means rehabilitation. Taken objectively, I am surprised that successive Governments, while voicing their concerns about the rising numbers of those in prison, appear not to have thought through why the current conduct of imprisonment is clearly failing—witness the appallingly high reoffending rate—and what this says about that conduct. I contend that the avalanche of confusing legislation and torrents of wishful thoughts and undeliverable ideas, not least the expensive introduction of the so-called National Offender Management Service—which, if it is anything at all, is a system and not a service—stem from the fact that successive Ministers and their officials have failed to carry out such an analysis and have allowed themselves to be led astray by the seductions of penal populism and the cult of managerialism, which is all about process and not about outcomes.

If you accept that imprisonment is the acute part of the criminal justice system, and should be structured and managed accordingly, you will understand why I am so afraid that the Secretary of State should be embarking on the rehabilitation revolution—the intent for which I strongly support—without the necessary structures or management in place to ensure that it can succeed. It would be an avoidable tragedy if it failed for all the wrong reasons. At present, prisons are not organised into geographically coherent groups, with regions responsible for the rehabilitation of their own prisoners. Today’s incoherent prison population management system, as when I first saw it in 1995, prevents continuity of treatment. Also, because no one is responsible or accountable for any type of prisoner, other than high security, there is no consistency of treatment in prisons of the same type, and individual prison governors are not required to carry on from where their predecessor left off. Imagine the outcry if acute hospitals in the NHS were run in the same way. Why are acute prisons?

Therefore, during the passage of the Bill, I will be tabling amendments designed to try to improve the ability of the acute part of the criminal justice system to carry out its role, not least in improving alternatives to custody. I shall challenge some of the omissions and the wishful thoughts, and shall focus on the working prison, substance abuse treatment, women in the criminal justice system, restorative justice and the treatment of young adults.

Finally, I would like to say a word about indeterminate sentences, to which I have been opposed ever since they were introduced. Of course there will always be some criminals who should never be released, most of whom receive natural life sentences. However, the obscenity of the IPP is that the overcrowded system cannot provide the programmes that prisoners need to qualify for release. While I applaud the Secretary of State’s decision to end IPP sentences, like my noble and learned friend Lord Woolf, I am concerned that he has not tackled the problem of those serving such sentences now.

There are two immediate steps that I believe the Secretary of State should take, for which he has given himself the necessary weapon in Clause 117 of the Bill. First, he should conduct a census of all IPP prisoners and establish precisely why any of them are over their tariff, what is required of each of them to qualify for release, and what plans, if any, have been made to ensure that they are enabled to do so. This task would be far easier to execute if, as should have been done years ago, someone was made responsible and accountable for the oversight and management of all IPP prisoners, because that information would be available now. I urge him to make such an appointment. I have had more than 500 letters from prisoners serving an IPP, and their families. I share their view that the IPP is a stain on our reputation for civilised behaviour and should be removed as quickly as possible. Secondly, he should conduct a similar census of all determinate-sentence prisoners who are over tariff, and establish exactly the same facts.

This is a very important Bill because it contains many features of the rehabilitation revolution. Sadly, it has lost some of the clarity of purpose contained in Breaking the Cycle, which this House now has an opportunity to restore. I know that the Justice Secretary and the Minister share my concern that the acute part of the criminal justice system should be made fit for purpose. We must not waste this opportunity of helping them to make it so. I hope that, unlike their predecessors, they will repair the flaws in the system that they have inherited.

Prisons: HMP Wandsworth

Lord Ramsbotham Excerpts

Wednesday 9th November 2011 Lords Chamber

[Lord McNally]

My Lords, my noble friend asked me what my reaction was. I was appalled. It is a disgraceful and shaming report that lists many failings. I can say only that the National Offender Management Service has reacted to the faults with proper determination. Wandsworth is a very difficult prison. It is one of our Victorian prisons, with over 1,600 prisoners, which puts a great strain on the staff, but there is no doubt that the inspection revealed many weaknesses. All I can assure my noble friend is that the strengthening of the management team signals a determination that the things that were identified will be put right.

[Lord Ramsbotham]

My Lords, when I was the Chief Inspector of Prisons I also had the problem of inspecting Wandsworth and producing a report very similar to the one that has been mentioned. We introduced a procedure whereby the Prison Service was required to produce an action plan on what it was going to do, which was copied to the Secretary of State and the chief inspector and was then updated after nine months and 18 months. That report listed who was to do what, and by when, to put the recommendations right. The Minister has listed some things that have happened. Can he tell the House whether that action plan procedure is still in force and, if so, whether one has been instigated for HMP Wandsworth?

[Lord McNally]

I am not quite sure whether the system that the noble Lord refers to is still in action, but I know that Amy Rees, the new governor, has the clear direction to move with all possible speed to implement the action plan. It would be inconceivable if the Secretary of State and Ministers in the Ministry of Justice did not pay the closest attention to making sure that the recommendations made by this report are implemented with all possible speed.

Prisoners: Sanitation

Lord Ramsbotham Excerpts

Wednesday 7th September 2011 Lords Chamber

Asked by

[Lord Ramsbotham]

To ask Her Majesty’s Government what action they are taking to speed up the ending of “slopping out” in prisons in England and Wales.

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

My Lords, the use of slopping out as the primary method of prisoner sanitation ended in 1996. Currently, less than 3 per cent of the prison population are required to use unacceptable alternatives to in-cell sanitation. All new build has in-cell sanitation and, in some cases, in-cell showering facilities.

[Lord Ramsbotham]

My Lords, I thank the Minister for that reply. In September 1991, the then Home Secretary, the noble Lord, Lord Baker of Dorking, assured everyone, at paragraph 6.8 of his White Paper Custody, Care and Justice, that,

“no prisoner will have to endure the inhumane and degrading practice of slopping out after the end of 1994”.

The announcement made by the Prisons Minister Ann Widdecombe in 1996, which the Minister quoted, was premature because there have been, and are, cases of slopping out. The Scottish Prisons Service has admitted that the practice breaches human rights. Recently, the Scottish Court of Session has agreed that prisoners can sue for damages for being made to slop out. Might the prospect of literally thousands of British prisoners taking the same route encourage the Government to fulfil the assurance given 20 years ago that slopping out would end 15 years ago?

[Lord McNally]

No, my Lords. The figures I have given are accurate: less than 3 per cent of prisoners have facilities that do not comprise in-cell sanitation. The main alternative is electronic unlocking, which is not a perfect system but is certainly not degrading in the terms that the noble Lord suggested. As far as we are concerned, it is compliant with humanitarian and human rights legislation. The truth is that we have a prison estate in which it is extremely difficult to meet the full commitment to in-cell sanitation. Therefore, I cannot be enthusiastic at present about promising a rapid reduction in the numbers. As I say, as new build comes on stream, there will be more in-cell sanitation, but that will not happen quickly. We are down to almost an irreducible minimum whereby electronic unlocking is the alternative to in-cell sanitation.

Prisons: HM Young Offender Institution Feltham

Lord Ramsbotham Excerpts

Wednesday 29th June 2011 Lords Chamber

Asked By

[Lord Ramsbotham]

To ask Her Majesty’s Government how many of the recommendations of the public inquiry into the murder of Zahid Mubarek in HM Young Offender Institution Feltham, published on 29 June 2006, remain unimplemented.

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

My Lords, the National Offender Management Service has fully implemented 71 of the 88 recommendations made in the report of the Zahid Mubarek inquiry. Two recommendations were rejected at the time of the publication of the report. The remaining 15 recommendations were either partially implemented or have become obsolete as a result of other developments.

[Lord Ramsbotham]

My Lords, I thank the Minister for that reply. Nineteen year-old Zahid Mubarek was murdered in March 2000 by a known racist psychopath with whom he had been paired in a cell by prison staff. Three and a half years later, your Lordships took the unprecedented step of directing that there should be a public inquiry into the murder, resisted until then by successive Home Secretaries. Its report was published five years ago today, following which, for two years or so, the Home Office convened regular meetings with the Mubarek family to update them on the processing of the 88 recommendations. These meetings have ceased. To demonstrate to the family and to others who are interested that improving the treatment of and conditions for black and ethnic-minority prisoners remains on the agenda, I ask the Minister if he would be kind enough to publish not only the details of how many recommendations have not been implemented but also what action, or inaction, has been taken on each one of them.

European Convention on Human Rights

Lord Ramsbotham Excerpts

Thursday 19th May 2011 Lords Chamber

[Lord Ramsbotham]

My Lords, I, too, am grateful to the noble and learned Lord, Lord Irvine, for obtaining this important debate. As with other noble Lords, I will concentrate on the issue of voting for prisoners, which has already been raised by the noble and learned Lord, Lord Irvine, and the noble Lords, Lord Prescott, Lord Thomas and Lord Goodhart. As the noble Lord, Lord Prescott, said, when the issue was raised in the other place on 10 February, the discussion appeared to be nothing about voting for prisoners but objections to Europe, which was not the point. When we look at the issue in the context of human rights, it deserves better than that and so do we if we think of ourselves as a civilised nation in our approach to the resettlement of offenders—as the noble Lord, Lord Goodhart, has mentioned.

I must declare an interest, first as an advisory member and now a trustee of an organisation called the International Centre for Prison Studies. Its job is to go round the world advising international prison systems on what is described in its manual as a,

“human rights approach to prison management”.

The reason for this is that when people have looked at the way prisons are run, there is absolutely no doubt that the decency which accompanies a human rights approach is most likely to result in successful resettlement. To quote from this manual:

“The legitimacy of this handbook on good prison management comes from its solid grounding in these international human rights standards, which are recognised around the world …. [The] concept of human rights is not merely another subject to be added to the training curriculum. Rather, it suffuses all aspects of good prison management and is integral to it”.

That manual was launched in January 2002 by the then Foreign Secretary, Jack Straw. I have personally used it in Libya and Turkey, and have been fascinated by its reception by Governments who saw—and still see—their prisons as a way to improve their reputation for human rights around the world.

I was Chief Inspector of Prisons in 1998 when the European convention was introduced into English law. At the time, a large number of people said that this introduction would be followed by an absolute torrent of litigation by prisoners who would claim that their human rights had been breached by the way that they were treated in prison. I asked a lawyer to run prison rules against the European convention and alert me to where there were any discrepancies. There were none. In other words, if prison rules were breached, the European convention was being breached. It is fascinating that, when one looks at the amount of litigation brought by prisoners since then, nothing has really been brought about the European Convention on Human Rights, with the exception of this alleged breach of Article 3 of the First Protocol, about prisoners voting.

Article 3 of the First Protocol merely says that,

“free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature”,

are guaranteed. It makes absolutely no mention, as the noble and learned Lord, Lord Irvine, said, of prisoners voting. When this lack was brought to my attention, I asked the Home Secretary why prisoners were being denied the vote. He replied that prisoners had lost the moral authority to vote. I did not know that moral authority came into voting and suggest that, if it is applied, there are several other people who would be denied the vote.

So began the litigation which has been the subject of quite a lot of today’s discussion. I do not intend to go through it, but it is now more than seven years since the European court ruled unanimously that we were in breach of the convention because we did not allow prisoners to vote. The solution has been in our hands ever since. I recommended to the Government in the first consultation document, which the noble and learned Lord, Lord Falconer, published that we should adopt the same approach as Germany and France. At the time of sentence, and bearing in mind the crime committed, the judge should remove the right to vote during the period of that sentence. I seriously believe that that would have taken the whole of this issue out of the realms of where it has got to. Parliament would have made the decision, which is what Parliament wants to do. The decision would be related to the crime. When you look at the people in prisons, there are vast numbers in the sad category or the short-term category, not masses of rapists, arsonists and all the other people who are quoted in particular in the 10 February debate—which was, frankly, as the noble and learned Lord, Lord Mayhew, suggested, an exercise in getting overexcited.

That is the way to go. I hope that what happens now will put this seven-year delay behind us and that we will take this away from any suggestion that the European convention or the European Court of Human Rights is at fault. When we sign up to conventions, we agree to their conditions. We cannot pick and choose. Any Government who deliberately appear to be either breaking the law or picking and choosing send an appalling message to those people whom they imprison—the very people we are trying to resettle.

Youth Crime and Anti-social Behaviour

Lord Ramsbotham Excerpts

Wednesday 30th March 2011 Grand Committee

[Lord Ramsbotham]

My Lords, I yield to no one in my admiration for all that the noble Lord, Lord Dholakia, has done in this field—even to the noble Lord, Lord Judd. I thank him very much for giving us the chance to talk about this important report, to which I had the great pleasure of giving evidence. Whenever we see such reports, we tend to look back, and two phrases in it immediately set my mind racing backwards. The first was:

“The young people directed our attention towards areas of need for reform that we might otherwise have underplayed or neglected”.

The second was:

“Despite seeing pockets of promising practice, the Commission shares the strongly voiced concerns of Ofsted and the Prisons Inspectorate over the way that education and training provision in custody varies between institutions; and that help given to children and young people to prepare for their release is inconsistent and often inadequate”.

How often have we heard that said? I look back to a report that I published in October 1997 as Chief Inspector of Prisons, Young Prisoners, and found, first:

“I believe that if young prisoners are to be engaged by regimes, they must be convinced that the challenges and demands that are made are relevant not only to their needs, rectifying deficiencies in their previous upbringing, but offer them genuine hope of better things resulting from their training”.

Secondly, I found:

“Much inconsistency seems to be due to the fact that no one is responsible or accountable for the consistent delivery of regimes in every establishment in which young people are held”.

That latter is a gramophone record that I have been playing over and over again since 1996: namely, that until and unless you have people who are responsible and accountable for making things happen, nothing happens.

This excellent report comes 13 years after Young Prisoners, which was sent to the Secretary of State containing many of the things that were said, including, in particular, on custody, but on other things, too. My concluding recommendations to the Secretary of State were numbered, the first one being:

“In order to reduce the harmful effects of custody on children, the energies and resources of Local Authorities, community and Criminal Justice agencies should be used collaboratively and managed through shared performance indicators to … identify potential problem situations for children and provide families and schools with support and guidance to prevent children growing up as offenders … reduce offending and divert children whenever possible from custody”.

Thirteen years after those questions were posed, they have been largely answered by the way that the commission has looked at its work. In posing them in 1997, I knew perfectly well that I was by no means the first to be doing so. I believe that the Ministry of Justice now has an opportunity, which it has given itself if it will seize it, to do something about it.

In making my recommendation, I want to mention two organisations with which I am associated. One was mentioned by the noble Lord, Lord Dholakia, which is also included in the commission’s report. It is involved with the young offender academies, which are alternatives to the way that has failed for so long. They are based on real proof of things that work. Right at the heart of what needs to be done is to provide long-term contact with a responsible adult. That is what is missing. If you keep people in a site and they come to it by day, it does not matter where they live at night—they can live in a custody centre, in a foyer for the homeless or they can go home. However, they all come back by day to the same place where the same work is done. If you localise all that—and the pilot study shows that an hour on public transport is a good radius and gives you a viable place to work—you encourage all the forces in that area to assist in the rehabilitation of their own. Chambers of commerce will be interested in training people who can fill jobs—they can train them for the future—all the activities-related projects in the area will come in and education, job training and so on can happen. This transition was strongly commended in the report because the independent commission saw the things that it wished to be done encapsulated in that kind of idea. We have been banging on about this for ages and I hope this opportunity will be seized.

The second matter I wish to speak about has nothing to do with custody. Earlier today I was with a remarkable organisation called SkillForce. It consists of members of the Armed Forces, including people who have been injured and are being medically discharged, who go into schools and tackle the worst elements of failing schools—the troublemakers, the excludees, the potential excludees, the evictees and, of course, tragically, those in receipt of school meals. It is difficult to quantify what they do but, for example, 60 per cent of the people on school meals with whom they are working go on to further education, as opposed to 9 per cent who go through the normal system. They are working very hard and turning schools round. Mr Gove, the Education Secretary, has given them grants to increase the work they are doing, particularly on a zero-exclusion pilot in schools.

I mention this because they are doing positive work in challenging the worst. I do not see why these people, who are used to giving their service to the country, should not be employed in the community and provide a service for those in danger, in custody and under probation. I am sure that ex-members of the Armed Forces would be only too happy to do it.

I add that point as an addition to the debate, but my plea to the Minister is that the report is not taken in isolation and treated separately but is included in the work being carried out on breaking the cycle. This would ensure that it is not neglected but becomes a part of what is already in progress.

Prisons: OPCAT

Lord Ramsbotham Excerpts

Monday 28th March 2011 Lords Chamber

Asked by

[Lord Ramsbotham]

To ask Her Majesty’s Government what action they propose to take in response to the recommendation on gaps in the national preventive mechanism made in the first annual report of the United Kingdom’s Preventive Mechanism under the Optional Protocol to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.

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

My Lords, the Government welcome this report and are studying its recommendations carefully. MoJ officials are in discussion with Her Majesty’s Chief Inspector of Prisons, Her Majesty’s Courts Service and the Provost Marshal—Army—to look at any ways of closing gaps that have been identified.

--- Later in debate ---

[Lord Ramsbotham]

My Lords, I thank the Minister for that reply. I am very glad to see that there is a report because while this protocol was signed in December 2003, it was not until March 2009 that the national preventive mechanism was set up. It has an extremely important role, not just in prisons but with immigration detainees. The coalition, as noble Lords will know, has 18 members, but what is worrying them all is that in addition to the gaps that have been identified, about which the Minister spoke, there is a problem of resources. They have to resource those extra inspections from their own budgets. Can the Minister assure the House that cuts will not affect the operation of this protocol?

[Lord McNally]

My Lords, the Government are committed to the operation of this protocol. All the bodies covering it have had to take their share of cuts, but they should keep in mind the overall commitment to honour the protocol when they apply those cuts.

Public Bodies Bill [HL]

Lord Ramsbotham Excerpts

Monday 28th March 2011 Lords Chamber

[The Lord Speaker (Baroness Hayman)]

I have to inform the House that if the amendment is agreed, I cannot call Amendment 21B, by reason of pre-emption.

[Lord Ramsbotham]

My Lords, I rise to speak to the amendment and to echo what the noble Lord, Lord Warner, said about Amendment 21B. I am conscious that one cannot repeat arguments made in Committee. I, too, remember the remarkable unanimity around the Committee.

I am grateful, as before, to the noble Lord, Lord McNally, for the efforts he made to continue the discussion. I am only sorry that I could not attend that meeting, but from what I have heard about it, and from a letter that the Minister wrote to the noble Lord, Lord Elton, which I hope he will forgive me for quoting, I believe that what is at the heart of the Government’s proposal is a fallacy that for years has influenced the consistent failure of the criminal justice system—namely, that policy and operations are one and the same thing, rather than one being the practical deployment of the other. This was brought home to me when a senior official told me that she wished that I would stop talking about strategy. “We don’t need strategy; all we need is strategic direction,” she said. I asked what that meant. “Top down, of course,” she said. That is nonsense. Having something said from the top down does not make it either strategy or strategic direction.

Public Bodies Bill [HL]

Lord Ramsbotham Excerpts

Monday 7th March 2011 Lords Chamber

[Lord Ramsbotham]

My Lords, I thank the noble Lord, Lord Taylor, and the noble Lord, Lord McNally, for the time, care and attention that they have devoted to meeting and briefing those of us who are involved on this Bill, particularly on this contentious issue.

In 1809, elements of my regiment, the Rifle Brigade, were greeted by those whom they were relieving during the mismanaged and ill-fated expedition to the island of Walcheren with the words, “Good luck, boys. You, too, are being made the sport of theory”. These came to mind as, incredulously, I read in the briefing paper on the abolition of the Youth Justice Board the statement:

“The Government believes that independent oversight of the youth justice system is no longer required”.

With that coming on top of the impact statement for the Public Bodies Bill’s stating that the Bill will have no impact on either the criminal justice system or human rights, I can only conclude from the proposed abolition of the one body responsible for overseeing youth justice within the system and the oversight of the human rights of young people involved with it that, as in 1809, theory has been allowed to subsume common sense.

The Youth Justice Board has been publicly recognised by Ministers as having played a critical role in transforming the delivery of youth justice, creating a safer, more distinct secure estate, reducing offending and reoffending by young people, and overseeing the successful establishment of youth offending teams, of which the Minister, Crispin Blunt, has said:

“The multi-agency YOT approach to justice that is embedded in local communities and heavily focused on rehabilitating offenders is the right way forward. One of my aims in my job is to adapt the adult system on the lessons from the youth system”.

If it has achieved, and is achieving, so much, why remove it? The secret of its success is that one organisation has provided continuous and focused oversight of a very particular part of the criminal justice system. Abolish it, and you risk all that has been achieved, and could be achieved in the future, by maintaining the momentum of progress.

In his letter dated 3 March to those of us interested in this amendment, the noble Lord, Lord McNally, said:

“The government is committed to maintaining a dedicated focus on the needs of children and young people in the youth justice system”.

The letter also states:

“We are not seeking to revert the system to that which operated in the 1990s”,

and,

“Our current proposal, subject to the outcome of the Rehabilitation Revolution consultation … is that the main functions of the Youth Justice Board should be delivered within the Ministry of Justice’s Policy Group”.

But the Minister is proposing precisely the system that operated and failed in the 1990s.

I first became aware that all was not well with the administration of youth justice in the first week of my appointment as Chief Inspector of Prisons in December 1995, when I was alerted to the appalling treatment of and conditions for young offenders, particularly those under the age of 18 held in Prison Service custody. At that time the Social Services Inspectorate was responsible for inspecting all facilities for children in this country under the age of 18, except for those in the hands of the Prison Service, which claimed Crown immunity from the provisions of the Children Act 1989. This was something that I immediately campaigned to have changed and eventually happened following court action by the Howard League, but that is another story.

I therefore invited a social services inspector to come with me on my first inspection of a young offender institution at Onley—a split site, which holds both those between 15 and 18 and 18 to 21 in separate accommodation—to assess the conditions for and treatment of children who were held there. She told me that if it had been a social service or local authority children’s custody centre it would have been closed because of the lack of acceptable facilities or a suitable regime for children.

I then found that, as I had feared and as remains the case today, no one in the Prison Service was operationally responsible and accountable for children in prison and, therefore, there was no one whom Ministers could task with making the necessary improvements or chase when these did not materialise. For some inexplicable reason, the Home Office and the Prison Service believed that the young offender estate could be directed and overseen by bureaucratic diktat from people in policy branches. The results that I saw on the ground, over and over again, confirmed by experts, proved how wrong they were. On what evidence does the Minister think that substituting the Ministry of Justice for the Home Office will make it right now?

Against this backdrop, I well remember the collective sigh of relief among all those involved with youth justice when the Youth Justice Board was first introduced because they could now work face to face with someone responsible and accountable, who could come round and see for him or herself what they were doing on the ground, rather than impersonally with faceless bureaucrats behind desks in Whitehall ministries. I was naive enough to hope that making someone responsible and accountable for, amongst other things, the treatment of and conditions for children in prison, would be followed by similar appointments for other groups of prisoners. Because we were responsible for monitoring and hopefully influencing the treatment and conditions of children in custody, my inspectorate worked very closely with the YJB from the outset, passing on all our observations and recommendations as soon as possible, and very soon we began to see improvement because the YJB was able to override deficiencies in Prison Service management by requiring it to satisfy conditions and treatment criteria laid down in contracts.

The Minister will be familiar with the Crime and Disorder Act 1998—Chapter 37 of 1998—which established the Youth Justice Board. I will quote only from Clause 41(5)(f), which states that, among other functions, the board’s functions shall be,

“to identify, to make known and to promote good practice in the following matters— … the operation of the youth justice system and the provision of youth justice services; … the prevention of offending by children and young persons; and … working with children and young persons who are or are at risk of becoming offenders”.

How successful has it been? In addition to what Ministers have said, the Public Accounts Committee, to which the noble Lord, Lord Warner referred, said in its report:

“The Board has been an effective leader of efforts to create and maintain a national youth justice system, with a risk-based approach, and in recent years key youth crime indicators have been falling substantially”.

Like the Public Accounts Committee, I do not pretend that the YJB as currently constituted is perfect; improvements could and should be made both to its place and role in the criminal justice system hierarchy and the scope and methods of its activities. However, those can be rectified through the traditional review process. They do not justify the abolition of something that has proved itself to be a sensible agent of progress. The ideological reasons behind its abolition have been hinted at already by the noble Lord, Lord Warner.

My reason for pointing this out is that there appears to be an inherent contradiction between what is proposed in the Bill and what is in the Ministry of Justice Green Paper, Breaking the Cycle, from which I quote two statements. First,

“A ‘Whitehall knows best’ approach has stifled innovation both at national and local level”.

Secondly,

“A top-down approach has concentrated on process instead of results. Prisons and probation services were assessed on the basis of hitting multiple targets and whether they had complied with detailed central requirements. There was insufficient focus on whether they were delivering the right result for the public and communities”.

The Cabinet Office appears to be saying in the Bill that, yes, trying to run operational functions top-down from Whitehall clearly does not work and the practice is condemned. Yet although the alternative—appointing a named person to be responsible and accountable for independent oversight of operational functions—is successful where Whitehall has failed, it is no longer required because its laid-down role conflicts with the government policy, as confirmed in the letter from the noble Lord, Lord McNally, from which I have already quoted, which states:

“The YJB has primarily an oversight and a commissioning role, and it is this role that we propose to continue in the Ministry of Justice”.

Change is the name of the game. The rehabilitation revolution has been publicised as a “once in a generation” opportunity for change, ignoring the fact that it is only seven years since the last “once in a generation” change with the introduction of NOMS. It seems the Cabinet Office must make the only change possible, namely reverting to the “Whitehall knows best”, top-down approach that it has condemned, pretending—because it says so in its impact statement—that reintroducing failure will have no impact on the criminal justice system.

I thought that the Alice in Wonderland nature of all this had been exhausted until I read some words of the Minister for Prisons, Crispin Blunt, published on 14 January. He said:

“With Ministers making themselves more accountable, independent oversight of the youth justice system is no longer required, and the Ministry of Justice is able to lead an effective system going forward, building on the improvements that have already been made”.

What on earth does he mean by “more accountable”? Ministers have always been responsible and accountable for the YJB, as the chairman of the YJB has been to them. Is Blunt implying that it needs to be in the Ministry of Justice because accountability will be easier to exercise in the same building, or is he frightened by any suspicion of independent oversight? It is unfortunate that, in the recent past, there has been a lack of clarity about whether it was the Secretary of State for Justice and the Prisons Minister or the Secretary of State for Children, Schools and Families and the Children’s Minister who were ultimately accountable for the YJB, but that is a matter for Ministers, not the YJB, to resolve. It is important that the YJB chairman should know precisely to whom he or she is accountable. Lest Ministers think that I am a lone voice in all this, let me again quote from the Public Accounts Committee report, which I read only after I had prepared my remarks to the Committee:

“The abolition of the Board raises a question about how a national focus on reducing offending by young people and reducing the use of custody will be maintained”.

On previous occasions in this House, I have wished that the clocks should now show the letters “PANT”—for “People Are Not Things”—instead of “0:23”; Ministers responsible and accountable for the conditions for and treatment of young people in contact with the criminal justice system must surely realise that, because so many of them are damaged and vulnerable, they need care that is positive and personal, transparent and consistent, provided and led by people. An impersonal, commissioned approach to that task, conducted by bureaucrats in policy departments, is neither practical nor sensible, as has been proved. I hope that, faced with that reality, Ministers will not be tempted to think of delegating oversight within the Ministry of Justice to the National Offender Management Service. NOMS would be a wholly unsuitable organisation because, first, it is not a service; secondly, it is all about adults; thirdly, within it, the Prison Service has already gobbled up the Probation Service; and, fourthly, its management structure is about commissioning and not oversight.

I will not mince words. On the basis of what I have seen, I regard the flagrant abolition of a personal system, responsible and accountable for the care of vulnerable and impressionable young people, reverting to a failed impersonal one, as nothing other than thoroughly irresponsible. The Government have had the courage and good sense to listen to reason about other parts of this Bill. I appeal to the Minister to adopt the same approach to the proposed abolition of the Youth Justice Board.