Prisons: Secure Colleges

Debate between Lord Reid of Cardowan and Lord Faulks

Thursday 18th June 2015 Lords Chamber

[Lord Faulks]

My noble friend makes an important point about the continuity in respect of educational gains which can be attained by secure colleges. He will of course be aware that one of the difficulties with this particular cohort is that they very rarely had any continuity in their education before they went into a youth custody institution. One hopes that not only the habits they will acquire in youth custody but the appetite to learn can be consolidated by the sorts of links he describes.

[Lord Reid of Cardowan (Lab)]

My Lords, will the Minister bear in mind the very pertinent point made by the noble Lord, Lord Ramsbotham? Whatever the structure, a key element in combating recidivism is the relationship between the young offender and another more mature mentor. In many cases, this can assist in killing two birds with one stone. Some of the people who have proved to be very adept and effective at this are themselves ex-offenders, or indeed, ex-members of Her Majesty’s Armed Forces, both of which groups find it very difficult to get jobs when they come out of prison or the Armed Forces. It is good for the young people, but it is also an opportunity to provide employment for two groups of people who find it particularly difficult to be employed.

FIFA

Debate between Lord Reid of Cardowan and Lord Faulks

Thursday 4th June 2015 Lords Chamber

[Lord Faulks]

I have absolutely no difficulty in acknowledging that, particularly the contributions by the Sunday Times and “Panorama”.

[Lord Reid of Cardowan (Lab)]

My Lords, should we not also place on record our appreciation for the initiative and courage of a Member of this House, my noble friend Lord Triesman, in raising this issue a long time ago and being thoroughly abused for it in many quarters at the time?

[Lord Faulks]

Equally, I am more than happy to raise that. We should also note that such is the momentum behind this investigation that we have some of the main culprits starting to turn against each other, so we can say that this investigation really has traction.

Criminal Justice and Courts Bill

Debate between Lord Reid of Cardowan and Lord Faulks

Monday 21st July 2014 Lords Chamber

[Lord Faulks]

I agree with my noble friend that it should be considered seriously and a judgment exercised by the Committee as to what it thinks the appropriate response to this particular clause is.

[Lord Reid of Cardowan (Lab)]

I am grateful to the Minister. Whoever he is speaking on behalf of, he should regard me as a floating voter. I came in with my mind pretty well made up to support the clause, whoever’s it is—I was going to say it was the Government’s. However, I had the misfortune to sit next to my noble and learned friend Lady Scotland, who gave me an enlightened commentary to supplement everything that was being said and tried, as she did when she was my Minister in the Home Office, to soften my hard heart on this issue.

Subject to the response to one question asked by my noble and learned friend, I am still inclined to vote with whatever entity is in favour of the clause. I hope the Minister can answer the question and help me decide. What consideration was given to outlining this in sentencing guidelines, without the need to put it in the Bill? I am not suggesting for a minute that judges always follow sentencing guidelines. Indeed, the Committee may be amused to learn that when we put forward sentencing guidelines to diminish hugely the number of four and six-month sentences when we were bringing in indeterminate sentences at the other end, judges proved very reluctant not to send people to jail. It was suggested to me by the Lord Chief Justice at a meeting of the Criminal Justice Board that I should write and remind them of that. When I did, I was massacred in public for suggesting that judges may not need to send people to jail. I understand that they do not have to follow guidelines, but I hope the Minister has had time to consult his notes and to let us know whether, before going to the mandatory statutory sentence, such a course of action was considered, as my noble and learned friend asked.

[Lord Faulks]

Before the noble Lord’s intervention, I was going to conclude by saying that this is not a clause that could ultimately find its way to the statute book. If the vote results in the Bill remaining in its current form, the Government will bring back amendments to make various alterations—not to the effect or the substance, but to the detail—and in particular to make sure that the provision is consistent with the sentencing framework as a whole. There are also various other technical amendments that will have to be made.

[Lord Reid of Cardowan]

I am not a lawyer or a civil servant draftsman. Does that mean that if this clause is agreed to, the Government will come back with guidelines, rather than putting it into the Bill? Is that my understanding, or have I got even more confused? Perhaps the Minister would explain.

[Lord Faulks]

It is not a question of guidelines; there are a number of particular defects in the clause. For example, it would be necessary to fix the period for appealing a minimum sentence if a previous conviction upon which the minimum sentence is based is overturned. The period should be fixed at 28 days to ensure consistency. Furthermore, it is not clear in the current draft that the Attorney-General would be able to make a reference on the basis of a court’s failure to impose a minimum sentence, and the usual practice in relation to early guilty pleas for minimum sentences is a reduction of up to 20%. As currently drafted, the court would not be able to apply any discount for an early guilty plea. It is also necessary to add equivalent offences under UK and EU member state service laws to relevant previous convictions.