Offender Rehabilitation Bill [HL]

Lord Woolf Excerpts

Wednesday 5th June 2013 Lords Chamber

[Lord Lloyd of Berwick]

Before my noble friend sits down, surely “rehabilitation” is the correct word because it relates, not to the period before he went to prison, but to the period while he has been in prison.

[Lord Woolf]

My Lords, this is an important amendment, apart from the fact that we have to consider whether the Title of the Bill needs amending. I strongly support the very wise words of the noble Lords, Lord Bradley and Lord Ramsbotham, in support of the amendment. One of the most important tasks of a court is giving explanations to offenders to make sure that those who are subject to the orders of the state understand the requirements that are placed on them. If that is the responsibility of a court and of judges, it must surely also be the responsibility of a supervisor under this Bill. I like to think that we have all had a stage in life when, until it could proved that we had done something wrong, we were innocent of having done so. If that is right, “rehabilitation” is a pretty good word to cover what is being sought to be done. I rejoiced when I saw the Title of the Bill and knew that focus was, at last, being placed on an extremely important task of the criminal justice system: to protect the public by preventing people offending again. I emphasise the word “again”.

I hope that in due course the Minister will, following the powerful arguments advanced by others, look on this proposal with considerable sympathy. I should, like the noble Lord, Lord Bradley, disclose an interest: I am also involved with the Prison Reform Trust—not as a valuable member, as is true of the noble Lord, but as its chairman. I make that disclosure in relation to subsequent amendments that shall be advanced today.

[Baroness Linklater of Butterstone]

Perhaps I may add to the debate that the clutch of noble and noble and learned Lords started. Rehabilitation may indeed be one objective, but it may also be of interest that Rule 1 of the Prison Rules states that the people who are in such care should lead “good and useful” lives.

--- Later in debate ---

Moved by

[Lord Woolf]

7: Clause 2, page 2, line 37, at end insert—
“(7A) The Secretary of State when specifying requirements under this section in respect of female offenders must have regard to the particular needs of women.”

[Lord Woolf]

My Lords, there are not many matters concerned with sentencing and dealing with offenders on which there is common agreement. However, it is clear that there is consensus among all those concerned about the particular needs of female offenders. I am very conscious that the Secretary of State and Ministers are aware of this issue, and I am confident that they will say that there is no need to make any mention of it in this legislation because they accept it and are seeking to give effect to it. However, I am bound to say that one of the difficulties with relying on the good sense, judgment and experience of particular Ministers is that you can never be sure that they are going to continue to fulfil the office which they hold at present, no matter how advantageous that would be. Of course, legislation, once passed, is going to last for a substantial period of time. I am firmly of the view that we must hope that the Bill does not bite the dust but, as a result of the scrutiny by this House, becomes worthy of its objects and proves to be a Bill which those involved in the criminal justice system in the future look at as a turning point.

It may appear arrogant for someone such as myself to suggest that a Secretary of State should need to have the reminder in the amendment, which requires the Secretary of State, when specifying requirements under this section in respect of female offenders, to have regard to the particular needs of women. However, while it may be arrogant of me, it is not arrogant of this House to take the view that that is a sensible and desirable safeguard, because history has indicated that, sadly, all too often, the criminal justice system, particularly when concerned with sentencing female offenders has not recognised their needs as they should. I know the Minister in his present role has been visiting assiduously criminal justice institutions up and down the land and has accumulated a great deal of knowledge. Unfortunately, Ministers eventually have to go and new Ministers come in their place, and they may not have the same knowledge that I know the Ministers in this Committee have of the special and particular needs of women.

I hope that this carefully drafted amendment—I emphasise that I was not responsible for the precise drafting—will in no way curtail the Secretary of State’s powers, but merely indicate what he must have regard to. That surely is a safeguard that could be properly included in the Bill. I hope that the Minister, because he understands the special problems of women in the criminal justice system, will take away this proposal and feel that it is one to which he can give effect in due course.

As other noble Lords who are engaged in this Committee are well aware, Amendment 7 is linked to very similar requirements contained in Amendments 25, 27, 28 and 29, for which I am also responsible. It is not always possible to find a way of happily bringing together all the points, but what I have said now applies to the other persons who are referred to in those specific amendments, who should also have regard to the special needs of female offenders. I beg to move.

--- Later in debate ---

[Baroness Hamwee]

Before the noble and learned Lord withdraws the amendment, as I assume he will, I wish to refer to that last point. Perhaps the Minister could ask his officials to let me know how Section 217—the one that I quoted about compatibility with religion and so on—can be brought to apply in the circumstances under this Bill if Section 196 is not amended. It is a matter of how it all knits together.

I wish to make one point. As the noble and learned Lord implied, rehabilitation can be the objective, but there are people who do not take into consideration the appropriate matters to move towards rehabilitation in a way that most people would think they should. It could be that some people in the criminal justice system think that one can achieve rehabilitation without putting the individual into his, or in this case her own, circumstances and context.

Perhaps we can pursue this after today but, bearing that in mind, as the supervision requirements are spelled out in detail in Schedule 1, are we in danger of them being construed so as to exclude the types of matters which I think all noble Lords who have spoken have referred to? Might they override those considerations because they are there in the statute? Anyone looking at it would say, “The only requirements that the Secretary of State may specify as being an executive action are the ones that are listed in paragraphs (a) to (j), so the other considerations do not have the same status or weight and I can disregard them, or at any rate have less regard to them”. Perhaps I can leave that thought with the Minister.

[Lord Woolf]

My Lords, I hope that the Minister, for whose response I am grateful, will reconsider what he has said today. With great respect, I do not think that he has met the points that we are making. In the future, we hope that the special position of women will be considered properly. For a very long period, the criminal justice system has failed in that respect. I am very grateful to the noble Lord, Lord Judd, for timing his entry into the Chamber so admirably. He picked up the great importance of the issue.

The problem is that the present Administration may not take this seriously if there are no clear signposts in the Bill. The Bill is meant to deal with particular problems that exist. The Minister recognised that in his remarks in relation to female offenders. Therefore, we have to break away from a clearly established pattern. It is very important that this constructive legislation shows clearly that it intends to tackle this issue. I hope that the Minister will think about what has been said during the course of the debate. I am extremely grateful for what other noble Lords have said and I am glad of their support. Their words deserve very careful consideration, which I hope they will receive. On Report, I hope that the Minister will have some good news for those who see this as a situation that needs to be addressed in a positive way. In those circumstances, I am happy to withdraw the amendment, and I thank those who took part in the debate.

Amendment 7 withdrawn.

--- Later in debate ---

That is partly reassuring and I was rather more reassured after the meeting we had yesterday on these and other issues. However, despite these assurances, very little provision is made in the proposed legislation to ensure that custody will be imposed as a last resort in response to breach of the supervision requirements. Subsection (4) of new Section 256AC sets out the sanctions available to the court where it is proved to the satisfaction of the court that the offender has, without reasonable excuse, failed to comply with a requirement during the supervision period. These include committal to prison for a period not exceeding 14 days, a fine and a supervision default order imposing either an unpaid work requirement or a curfew requirement. There is nothing in the legislation which guarantees that custody will be imposed only as a final measure. I very much hope that the Minister will be able to reassure us further on these points.

[Lord Woolf]

My Lords, as regards the practicalities of this issue, as mentioned by the noble Lord, Lord Marks, and the noble Baroness, Lady Howe, it is important to provide greater flexibility to deal with breaches. Many of the offenders whom the Bill is intended to help to go straight have deep problems which are often associated with drugs. It would be a huge achievement if these offenders were able to keep out of trouble for part of the 12-month period. Sending them into custody would be most unfortunate and would fail to give them the further opportunity they may need. Support can be much more helpful in these circumstances than something that is more in the nature of a sanction. Sanctions are important in appropriate cases, but other approaches are sometimes more constructive.