(11 years, 3 months ago)
Lords ChamberMy Lords, I support the amendment, to which I have added my name. The amendment is the least that we can do for the men and women who have put their lives on the line for our nation’s security.
My Lords, the Minister will be aware through conversations and debate in the Chamber that I strongly support this amendment. I know that he has been working on a plan along the lines that we asked for. Here it is. It is a good one; it should be trialled. Like the noble Lord, I hope that the Minister will see the sense in it and give his blessing to it. If not, I hope that the House will take the necessary steps.
My Lords, my noble friend Lord Ramsbotham referred to existing support systems for ex-servicemen. I imagine that he has in mind the British Legion, Help for Heroes and other voluntary organisations, together with local authorities. However, the sad fact remains that a significant number of ex-servicemen find themselves homeless and sleeping rough, many of them in London. Could this factor also be borne in mind in whatever preventive work is done?
(11 years, 4 months ago)
Lords ChamberMy Lords, this amendment replicates the one that I moved in Committee and embodies the proposal that I made when participating in the Second Reading debate. It seeks to address the particular needs of ex-service men and women, many of whom—sadly, rather too many of whom—find themselves in difficulties with the criminal justice system from time to time.
The intention behind the amendment is consistent with the line which we have persistently adopted on these Benches and which has been consistently rejected by the Government—that of piloting a new proposal. As I understand it from the Minister, there may be a sympathetic view of this proposal in government. Whether that extends to piloting, I do not know, but it would seem to make sense to adopt that approach.
However, the main point is that, as part of the military covenant, it should be accepted that there is a case for a special forum before which offenders who have been convicted of, or pleaded guilty to, crimes that would potentially carry less than a custodial sentence can be assisted in avoiding reoffending and become rehabilitated. That is on the basis that we owe people who serve their country in, as I said, often dangerous and difficult circumstances a particular duty.
The amendment follows the precedent of the United States, in which every state now has a veterans’ court manned by a judge, who may often have been the original trial judge, and at which a veteran mentor is available, together with other agencies, to assist the ex-service personnel who has committed a crime. It has proved a remarkably successful way of preventing reoffending in this particular vulnerable group.
Many of those who have spoken in your Lordships’ House—the noble Viscount, Lord Slim, and the noble Lord, Lord Ramsbotham, in particular—have expressed their support for this concept. I note, to my surprise, that even the Sunday Express—not, I confess, a paper that I would normally look to for endorsement—has embraced the concept with enthusiasm. The amendment offers a more sensitive way of dealing with a particularly important and vulnerable group as part of what ought to be a wide-ranging series of provisions in conjunction with the military covenant, which the Government have helpfully adopted. Having had a conversation with the Minister, I apprehend that some indication will be given that this proposal will be taken forward, perhaps as part of a wider-ranging series of provisions, about which we may learn something tonight or in the future. I would very much welcome that and, on that basis, I will certainly not be moving the amendment to a vote.
Recently, a report has been published, commissioned by the Howard League for Penal Reform, and it may be helpful if I address some comments to what it has produced. Incidentally, I note that the Howard League commissioned this report as long ago as Armistice Day 2009, so it has been a long time in gestation, which perhaps is an indication of the importance of the project. It has focused its attention on ex-service personnel in prison. Of course, that is an important group but it is not by any means the biggest group of ex-offenders with whom we are concerned, given that—there are various estimates—there are probably 20,000 people at any one time in the criminal justice system who have served in the Armed Forces, of which the great majority have not been serving custodial sentences. I think that rather distorts the view that the report comes out with.
However, the report makes a couple of significant points. The first is that 25% of those surveyed were convicted of sexual offences, which is well over twice the proportion of prisoners generally. A bigger proportion have been convicted of violent crime, but the figure is not hugely disproportionate in comparison to the ordinary prison population—it is something like 10% or 11% greater. Even so, it is not an insignificant number.
The Howard League makes a number of very sensible recommendations in general about ex-service personnel in the justice system, pointing to the need for a greater emphasis on identifying those personnel at risk before they get to prison, and perhaps even while they are in service. It recommends that probation service standards should be revised to ascertain the status of ex-service personnel. We will then know—or, more particularly, the Howard League and, I guess, those with whom contracts are to be made will know—who are ex-service personnel. There should generally be more research on the characteristics of ex-servicemen in custody, but I would widen that to those who have come into contact with the whole justice system.
The league points out that a wide range of charities and other organisations are involved with service personnel. That is true, but it is something of a mixed blessing. I have heard it said that some of these charities are not particularly effective and, of course, there are so many that it is somewhat confusing. Moreover, according to the Royal British Legion, some of the initiatives in the voluntary sector tend to be reactive rather than, as it would put it, proactive—or, as I would say in better English, active—in pursuing these issues.
Some interesting developments have taken place, and I have no doubt that the noble Lord is aware of them, including a veterans in custody support scheme at HM Prison Everthorpe, which has links to service charities. There is also something called the Prison In-Reach initiative. The Cheshire probation service, interestingly, has a veteran support officer in each of its six offices. I do not know whether that is one for each or whether there is somebody available in each from time to time. It is also looking at a veteran support programme. In parenthesis, I wonder whether the Minister will ensure that such initiatives will survive the very reforms that we were discussing earlier today in a rather more contentious spirit than I hope will be the position on this matter.
However the Howard League, having looked at the American experience, concludes that it is not appropriate to adopt it here. It did that on the rather superficial argument that veteran offenders should not, as a class, be treated any differently in the system from other offenders. That underestimates both the obligations that we have to this group of people and the particular characteristics that they have. I do not see that it necessarily follows that what is being proposed, which is, I repeat, not a separate court to try the issue of guilt or innocence, but one to deal with offenders who are not in prison, in a constructive way in order to avoid their reoffending. The conclusion does not necessarily follow from its analysis and I hope that it is one that the Government will not adopt.
As discussed in Committee, there are other examples of special courts, be they domestic violence courts or drugs courts. It could be argued that this proposal for a veterans’ court is an extension of that concept; it is not hugely out of kilter with the rest of the structure. In any event, I would urge that this group is important enough to warrant at the very least a piloting of what has proved to be an extremely successful process in the United States, with very substantial reductions in reoffending rates, to the extent of 100%, as I understand it, in Buffalo, which was an earlier one, and something like an 85% reduction in reoffending in Minnesota. A number of American states have passed separate laws about the treatment of their veterans. We are not suggesting that that should be the case, but a framework should be established within which their particular needs can be addressed for their benefit, and indeed for the benefit of the community.
I very much hope that the noble Lord will give his blessing to this and that we can take these matters forward in conjunction with appropriate other government departments, notably the Ministry of Defence and the Home Office Minister responsible for prisons. I hope that a conclusion can be reached that will assist these people, help society as a whole, acknowledge our debt to veterans and, at the same time, reduce the likelihood of society suffering from offences committed by this group. I beg to move.
My Lords, first, I thank the Minister for the quick conversation that we had on this subject of veterans’ courts. From that conversation I took away two points. The first was that the Minister is still not overly keen on having a trial of veterans’ courts. Secondly, but perhaps more importantly, he said that something had to be done about this subject.
I draw the noble Lord’s attention to the military covenant. The right honourable gentleman the Secretary of State for Defence has to make a report at a prescribed time on the state of the military covenant. In his meetings with various ministries to gather information, I would have thought that the Ministry of Justice would be paramount in the thinking and discussion to find out what the plan is for young veterans who do not have or need a custodial sentence but who need rehabilitation. What is the plan from the Ministry of Justice to achieve this? I also remind the Minister that, with the coalition deciding to get rid of 25,000 soldiers, this problem will get much worse. There has to be a plan. All I am asking is that if the Minister still does not wish to trial veterans’ courts, which I would be sad about and which I consider probably the best way to move forward, the Ministry of Justice must come up with a plan and a decision on how this problem will be handled. Therefore, I sit down and await the Minister’s plan.
My Lords, I am particularly grateful for the way in which the noble Lord, Lord Beecham, put forward this amendment and for the contribution of the noble Viscount, Lord Slim. Both contributions show the value of chats outside the Chamber; they bring rich dividends. I should say to the noble Viscount that I still have my doubts about veterans’ courts but I shall return to that later in my remarks. I accept fully, and it was clear from the remarks of the noble Lord, Lord Beecham, that there is no division between us about our commitment to fulfilling the military covenant. As the noble Viscount, Lord Slim, made clear, the Ministry of Justice has a positive part to play in ensuring that in carrying out that covenant we address the problems faced by ex-servicemen who fall foul of the criminal justice system to see whether and where they need specific assistance in rehabilitation.
I am cautious because I think that we have to be clear about the nature of the problem. The noble Lord, Lord Beecham, referred to the American experience and I am not afraid to look at where good ideas have worked in the criminal justice system in the United States.
However, let us be clear: a minority of offenders in the criminal justice system served in the Armed Forces before being convicted. NOMS works with the Ministry of Justice, the Ministry of Defence and the Department of Health to ensure that ex-armed services offenders can access appropriate support and rehabilitation services. All probation trusts routinely supervise and provide offender management for former Armed Forces personnel sentenced to community orders. But on the latest statistics available—this is why it is important to get things into perspective—the number of regular veterans in prison is estimated to be 2,820. That is about 3.5% of the prison population. About 5,860 offenders in the community, approximately 3.4% of community offenders, had served in the regular Armed Forces. In both cases, more than 75% are ex-Army, the others being ex-RAF or ex-Navy.
In prisons and in the community we are dealing with a very small number of people. Another statistic that I have seen is that 99% of those are men, which is not surprising. But that is the nature of this. However, as I told the noble Lord in our meetings in the Lobby, one of the characteristics of this Government is that when someone has a good idea we respond to it positively and constructively. In a way, we are doing that immediately. I know that the noble Lord and his honourable friend David Anderson MP, the Member for Blaydon, will be meeting my right honourable friend Damian Green to talk about the treatment of ex-service personnel in the criminal justice system.
As my noble friend Lord Ahmad said in Committee, we are aware of concerns about ex-service personnel in the justice system, but we need to make clear that the vast majority of the men and women who served in the Armed Forces go on to lead successful law-abiding lives. Indeed, it is often their experience in the services that provides them with the necessary skills and ethos to succeed in civilian life. But some ex-service personnel struggle in civilian life and it is right that we do what we can to ensure that the transition from the Armed Forces to civilian life is supported. I draw attention to the good work that the Ministry of Defence and the Armed Forces already do in this field, and the important work of the voluntary sector.
For those ex-service personnel who do end up in the criminal justice system and ultimately in prison, there is already specific support. Guidance on dealing with ex-service personnel in prison has been produced by the Ministry of Justice and the MoD along with the British Legion, SSAFA and rehabilitation organisations such as Nacro. In most prisons, we now have veterans as custody support officers.
The noble Lord, Lord Ramsbotham, mentioned in Committee the problem with some offenders making up or exaggerating their service records. We need to ensure that we are able to identify as early as possible offenders with a genuine service history. We will also expect new providers of probation services to provide tailored services for such offenders, including addressing the particular needs of ex-service personnel. My noble friend Lord Ahmad said in Committee that we would not bring forward government amendments in the Bill to create a new veterans’ court. I also want to make it clear that this does not mean that we have ruled out a pilot of the veterans’ court. We have in fact not ruled out anything in this regard. I should also clarify that it is unlikely that a pilot of a veterans’ court would actually need new legislation.
What we need to do is give some careful thought to the best way to support ex-service personnel in the criminal justice system. It is clear that the amendment is designed to enable the Government to make a further commitment to look at the issue of veterans in the criminal justice system, and that I am happy to do. It remains unclear whether the proposal is to create a body to divert, where possible, ex-service personnel from the criminal courts or a criminal court with specifically experienced judges—more akin to a drugs court or a youth court—or whether it is a body designed to oversee the rehabilitation of ex-service personnel offenders sentenced by the criminal courts. Further work needs to be done on this matter, but I hope that, due to the way I have responded, the noble Lord will accept that we are being constructive.
(11 years, 4 months ago)
Lords ChamberMy Lords, in supporting the noble Lord, Lord Beecham, on this I should declare two interests, first as a former Adjutant-General—or personnel director of the Army—and secondly as president of the Veterans in Prison Association. I have been very interested in the attention given to this particular idea; and although I have not been to it, I have had reports of the activities in Buffalo to which the noble Lord, Lord Beecham, referred. I entirely endorse all his suggestions about the north-east being used as a pilot area. I have been in contact with organisations working up there and have been very impressed by the supporting network that is available. It is one of the crucial parts of doing this.
Unfortunately the figures on exactly how many ex-service people are involved in the criminal justice system are slightly distorted by the fact that numbers of them who claim to be members of the services failed even to make the training. While they may make the claim, they actually have no right to do so. I think, and always have, that it is very important to establish that fact right at the start. Some excellent work was done by the Kent police to try to work out exactly how many ex-service people came through the police stations in Kent. They found that it was very important to ask them for their service number and then to follow it up to establish whether in fact they were genuine ex-servicemen or—as it were— pseudo ex-servicemen who did not deserve the same treatment.
In presenting his case, the noble Lord, Lord Beecham, has very rightly focused on the support mechanism that is needed in addition to the courts. There needs to be something equivalent to the diversion scheme which the noble Lord, Lord Bradley, has pioneered for the courts in general. It is very useful to recognise—as the noble Lord, Lord Beecham, has done—that there is a vast network of supporting service charities which act on behalf of the individual servicemen in their long-term and short-term needs. This is something of which account should be taken.
I also commend some other excellent work that has been going on in this country. The Cheshire probation service have been funded by the Royal British Legion to train probation officers to understand the particular needs of ex-servicemen so that they can apply that when deciding exactly how they should be supervised should they be sentenced. What would be very important in establishing these courts—which I entirely recommend—is to make certain that the courts have got a very wide supporting network behind them which should cover things such as mental health and probation. They should also make use of the service charities in whatever action they take with these unfortunate people. I am also very glad that the noble Lord, Lord Beecham, mentioned that many of these people come into the sphere of the criminal justice system comparatively late. The average age of 48 was mentioned. Therefore you are not dealing so much with the young adult as the person who has fallen on hard times through trying to come to terms with civilian life and needs particular help to enable them to re-engage.
My Lords, I support very much the speech by the noble Lord, Lord Beecham. I like the way that he has gone into the depth of the problem. I declare that I deal with veterans, from 18 year-olds with one leg to 90 year-olds who have been in various campaigns. I find that middle age is a tricky time for veterans, and it is a big problem.
I do not want to rehearse all the arguments. I believe that the Minister should look kindly on this, and a trial period is what we need. A veteran today gets a fair amount of help when he leaves the Army but the Minister will find, particularly as 25,000 service men and women are in the process of being chucked out of the Army, that the problems are going to increase, and something more will be needed than what is being done at the moment.
I merely state that there is a problem and I do not believe that we are doing enough about it. These veterans’ courts are proven elsewhere; we ought to look at them carefully and trial them. I hope that the Minister understands the problem and is able to do something about it.
My Lords, I want to add only that just one court with a proper support network would be very much better than nothing.
(12 years, 8 months ago)
Lords ChamberMy Lords, in Committee many speeches stressed the importance of securing accessibility to our justice system for everyone. However, the Bill, as it still stands, would effectively abandon many vulnerable individuals to go it alone without the support that is surely the hallmark of a decent society.
I support Amendment 21, outlined by the noble Baroness, Lady Howe, which would bring civil legal services for vulnerable young people back within the scope of legal aid. These vulnerable young people would include those younger than 25 years of age who are disabled, those who were formerly in care and those who are victims of trafficking. It would retain support for those who have suffered neglect or trauma and for the most disadvantaged. The amendment would also bring private family proceedings back within the scope of legal aid, as well as proceedings relating to Section 140 of Learning and Skills Act, which concerns assessments of learning difficulties—something of importance to me as patron of Mencap Wales.
I also support Amendment 11, moved by the noble Baroness, Lady Doocey, which would retain legal aid for social welfare cases. I thank the noble Baroness for her perseverance in this matter. I hope she will get the support that she deserves. Organisations such as Scope have drawn attention to the fact that the proposed cuts to legal aid will have a disproportionately negative impact on disabled people, since they will find it most difficult to challenge the decisions that affect them. It is frankly perverse to expect individuals with an impairment or disability to be litigants in person or to navigate courts and tribunals without much needed support and expert assistance. These are the people whom the system should pull out all the stops to support. Apart from increasing the timescale of cases and putting further pressure on the already overloaded justice system—there will inevitably be an increase in litigants in person—the reforms will disadvantage those who are already in need of extra care and support. Amendment 11 would retain legal aid for people with the most complex welfare and benefit issues, such as in cases where individuals challenge government decisions via appeals or reviews.
May I suggest that it is, to say the least, a highly unfortunate coincidence that legal aid should be withdrawn from welfare and benefit cases at the very time when the Government are overhauling the benefit system to introduce universal credit? Denying disabled people the expert advice necessary to help them in challenging inaccurate decisions, which might be made when they are reassessed, is particularly unacceptable. According to the Government’s impact assessment, the proposals to remove legal aid from welfare and benefit cases will affect roughly 78,000 disabled people. As the noble Lord, Lord Newton, mentioned a moment ago, current DWP guidance for this area covers 8,690 pages. It is simply unpalatable for people with disabilities to be left to steer their own way in such an intimidating and overwhelming area. I strongly urge the Minister to have regard to the issues that have been discussed today, and to respond positively to the amendments.
My Lords, one word has been left out of our discussions—“veteran”. I refer to veterans of all ages. I respectfully remind the Minister that there are still disabled veterans from World War 2 and from right the way through until today’s campaigns and those that will come. The military covenant lays down that a veteran—man or woman—must be cared for. The right honourable gentleman the Secretary of State for Defence has to make a public report nationally at given times. I see nowhere that legal aid or legal advice is automatically offered or given to a disabled veteran in need. Has the noble Lord’s department discussed with the Ministry of Defence how they will handle this and make legal aid and legal advice available to veterans, as required by the military covenant? Is the noble Lord hearing me?
Thank you. My question is simply: have there been discussions between the Ministry of Justice and the MoD and a methodology put forward to ensure that free legal aid and advice will be given to disabled veterans where necessary?
My Lords, I speak to Amendment 101. As we have heard, this group of amendments relates to two matters: first, ensuring equal access to justice for those who are vulnerable or on low incomes; and, secondly, dealing with the impact of the very fundamental changes made by the Welfare Reform Bill, which will inevitably increase substantially the number of people who need help and who are unable to represent themselves.
Quite separately from these two issues, the cuts already made to CAB budgets and to third-sector advice bodies as a whole have been very high and have caused significant dislocation to their services. The consequence of all this is that, as things stand, there will not be equal access to justice, and yet, for a comparatively small sum in the context of the legal aid bill as a whole, many of the problems could be dealt with. It does not help, of course, that relevant funding streams lie across several Whitehall departments, so I still hope that cross-Whitehall discussions might enable solutions to be found to the serious loss of resource faced by the sector, amounting to three-quarters of the legal aid funding currently received, all of which impacts on the estimated 650,000 people who currently secure early and preventive help.
I spoke on this issue in Committee. The danger is that the exclusion of benefits work from legal aid will tie the hands of advisers who are trying to prevent homelessness, for example, for which legal aid may apply, leading to many more unresolved cases filling the courts. The courts will then have more adjourned hearings and will ultimately have to make more possession orders because there is no one to resolve the benefits issue. This will result in higher costs to the taxpayer. The Bill proposes that all benefits work is to be removed from the scope of legal aid except for cases that go to judicial review, yet early intervention to resolve benefits issues often prevents these situations escalating into more serious proceedings, with all the costs involved in that.
Amendment 11, moved by my noble friend Lady Doocey, seeks to retain legal aid help for those facing welfare benefits reviews and appeals at the First-tier Tribunal. It is a relatively low-cost amendment that would address the problem whereby the removal of social welfare advice from the scope of legal aid will have a disproportionate impact on vulnerable people, particularly disabled people.
My Amendment 101 also relates to funding advice and representation, and seeks a solution by giving a power to the Lord Chancellor to add new civil legal services to the scope of the Bill and to make funding available on a permanent basis through the provision of grant in aid, where doing so would reduce knock-on costs or secure equal access to justice.
My primary concern relates to ensuring that there is long-term funding for CABs, law centres and third-sector housing advice centres to help vulnerable clients. Earlier this week, the Chief Secretary to the Treasury said that there would be additional funding in the current spending period and that details would be announced in the Budget. It is essential that advice services are made sustainable in the long term, and I am grateful to the Minister for understanding the financial problems that face the sector and for being willing to seek solutions to the funding issue. We await the outcome, but it should come before we return to the Bill at Third Reading. For those of us who have supported the work of the advice sector and CABs in particular, I hope the Minister will be able in his reply to set our minds at rest regarding securing the necessary resources to finance the sector adequately and maintaining the principle of equal access to justice.
(12 years, 11 months ago)
Lords ChamberMy Lords, I, too, put on record my appreciation for the Government’s decision, having been involved at various times in this subject. As I recall, a chief coroner has been identified, but I cannot remember whether he has actually been appointed; he may or may not still be around. It would be extremely helpful if the Minister made very clear, having decided to go ahead with the chief coroner, that the appointment will be filled expeditiously, as will those of the medical officers and others who will assist him. To pass the Bill into law to include a chief coroner, without an assurance that those posts will be filled promptly, would be something of a pyrrhic victory.
My Lords, I, too, thank the Minister and the Government. I have worked rather hard to see that we have a chief coroner. One little area that is not often remembered is that when it comes to the military side, the widows, the mothers and the dead servicemen actually still belong to the Ministry of Defence, which is responsible for them. These people should not be left out of the thoughts of this new chief coroner—which I am so pleased about. I hope that on his introduction to this very important post, he goes across to meet and talk to the Ministry of Defence, and perhaps visits a battle zone—this would be rather sensible. He would then get the feel and the ethos, as the noble Baroness has just said, of military thinking on these occasions.
I end by saying one further thing which I have said on this subject in your Lordships’ House before. At the moment, thank God, the casualty and death rate for war is fairly steady and fairly low. However, some things can go wrong very quickly in an operational area, and somewhere the coroner’s system has to be geared up for a higher casualty rate coming in across its bows. At present, we are waiting one to two years for conclusion. If the rate was to increase and the coroners did not have a plan for this, then I can see bereaved families, widows and mothers waiting up to four years before conclusion. For the sake of the chief coroner, I hope that he will get to know the military and will look ahead for, God forbid, worse rates of death.
My Lords, I hope that I will have the tolerance of the House if I briefly ask the Minister a question about a somewhat tangential issue. The Lord Chancellor is quoted on page 8 of today's Times as saying:
“Everyone is agreed that the priority is raising the standards of coroners’ inquiries”.
I take it that he was referring to coroners’ inquiries of all sorts.
Following the Government’s extremely welcome acceptance of the need to appoint a chief coroner, will the Minister assure us that they will also accept the will of Parliament as expressed in the Coroners and Justice Act 2009 that an office of coroner for treasure should be established? Will he acknowledge that the appointment of a national coroner for treasure would lead to the elimination of lengthy delays, excessive bureaucracy and errors, as well as to savings in overall public expenditure as the activities of coroners in 45 local authority areas would be replaced by the streamlined, specialised work of a single national coroner, probably supported by a single staff member? If the noble Lord is unable to give that assurance, will he undertake to reconsider the matter urgently, and to correct the failure by the Ministry of Justice to include reference to the treasure process in the draft charter for the coroner service?
(13 years, 11 months ago)
Lords ChamberMy Lords, following on from what the noble Lord said just now, I should like to thank the noble Lord, Lord Bach, for the sensitive way in which, during the previous Government, he dealt with many issues relating to the military and, in particular, veterans and war widows. He would always listen and I know that he then went off and did his best. I did not like the phrase “out of scope” and I am not sure about “eligibility”, but there are many veterans and military widows who, the moment they leave the protection of the services, are on the streets and very vulnerable. I feel that somewhere in the Minister’s and the Ministry of Justice’s plans there should be special provision to see that these very fine people are not left out in the cold.
My Lords, I associate myself with the comment of the noble Viscount, Lord Slim, about the noble Lord, Lord Bach, and his record in this area. Within the constraints in which we find ourselves, we certainly intend to make sure that our responsibility to service personnel and their families remains. Exceptional funding will remain available where there is a significant wider public interest in the applicant being represented at an inquest. Therefore, the families of service personnel will still be able to access legal aid funding for representation at inquests into their loved ones’ deaths. Rebuilding the military covenant is one of the top objectives of this Government, and the Ministry of Defence is currently considering how best to fulfil that covenant.