(2 days, 13 hours ago)
Lords ChamberMy Lords, I point out briefly that the essence of where the noble Baroness, Lady Owen, is coming from is that she speaks directly from the experience of the victims who have suffered from this. It is the victims themselves who have been struggling with the existing system, often in vain and with huge amounts of frustration. It is the victims who have been looking at the Government’s well-intended amendment, and on the basis of their own experience and knowledge, bitterly won, they feel strongly that it does not go far enough. They want others who are being abused at the moment, and trying to get some sort of redress, not to go through the same agony and pain that they have. I implore the Government to listen carefully, because this is the victims speaking directly to them. It is not the regulator; these are the victims, and the victims who are coming through the pipeline should be prioritised above all.
My Lords, can I add one word? In my experience in dealing with a large number of offences where corporations were responsible, it is only fines—and fines of a substantial amount—that have any real effect. The fines in this Bill are modest, in my view. I hope everyone will realise that unless we put something by way of a fine in, we are making law without effect.
(2 weeks, 3 days ago)
Lords ChamberMy Lords, I will comment briefly on Amendment 29. During the passage of the Sentencing Act, we discussed the concern about early release schemes for those categories of offenders in some detail. As a result, about two weeks ago, the Minister, the noble Lord, Lord Timpson, kindly had a meeting after the passage of the Act. The Domestic Abuse Commissioner, the Victims’ Commissioner and the noble Baroness, Lady May of Maidenhead, were there to talk to the Minister about our concerns.
The outcome of that—had I thought of it, I would have spoken to the noble and learned Lord, Lord Keen, to inform him—is agreement by the MoJ to form a working party with the offices of both the commissioners and their teams to review the scheme and the training of the Probation Service and start using some of the expertise of the third sector and its knowledge of the perpetrators and experience of the victims. That will be fed into the training of the Probation Service. There is a very positive move going on within the MoJ which I hope and think will directly address the concerns the noble and learned Lord mentioned when he was speaking to Amendment 29.
My Lords, I have a brief observation about Clause 12. The costs of private prosecution mean that money disappears from the overall Treasury contribution to the justice system. I think we should pause long and hard before we remove the power of the Government to control those costs. My own experience is that the costs of private prosecutions can, in many cases, be excessive. They are not subject to the rigorous discipline of CPS costs. If we deny the Government the power to regulate, we will come to regret it.
(4 years, 9 months ago)
Lords ChamberThe noble Baroness, Lady Boycott, has also withdrawn from this group, so I call the noble and learned Lord, Lord Thomas of Cwmgiedd.
My Lords, I will speak briefly, as the points have largely been made. In my view, it is essential that Clause 7 is strengthened to give it greater effectiveness. The only requirement currently set out is that the plan
“must set out the steps Her Majesty’s Government intends to take to improve the natural environment in the period to which the plan relates.”
There can be no doubt that this is far too vague. The proposals in the various amendments tie the plans to the achievement of targets, and the precise language of these amendments is important. My view is that the use of the words “enable” or “ensure” in relation to the meeting or achievement of targets is the best approach, as that would require the plans to set out concrete and achievable steps to enable the target to be met. That I why I think that the language used in particular in the amendment proposed by the noble Earl, Lord Lindsay, contains that specificity.
That is important because specific and precise language will set out what the duty of the Government is. The public must be able to see exactly what steps are to be taken to meet the targets, and then judge for themselves the commitment and realism with which the Government set about the significant changes that will be required. It would be unrealistic to take any position that there will be powerful interests that are adversely affected by such targets, and who—for reasons that may be understandable, but are wrong—would seek to delay the achievement of those targets. The easiest way to defeat such persons who seek to delay is by transparency and specificity, which is generally more effective than court enforcements, to which we shall return later in the Bill. Requiring the Government to set out the steps is absolutely essential; the vagueness contained in the current Bill is the enemy of achievement.
(5 years, 1 month ago)
Lords ChamberThe noble Baroness, Lady McIntosh of Pickering, has withdrawn from this group, so I call the next speaker on the list, the noble and learned Lord, Lord Thomas of Cwmgiedd.
I want to add only one point to what the noble Lord, Lord Anderson of Ipswich, has just said, because I agree with the entirety of it. That one point is derived from my own experience of dealing with people who were imprisoned indefinitely under the IPP regime. During the hearing of several appeals, it became apparent that indefinite detention often makes someone more dangerous because you take away hope. I very much anticipate that we would never get to the stage where we made TPIMs that lasted for a person’s entire lifetime. The TPIM would have to come to an end at some stage, and, to my mind, giving someone a clear expectation of when the period of restriction is to end helps in dealing with the individual and prevents making him more dangerous by depriving him of any hope.