Offender Rehabilitation Bill [HL]

Debate between Viscount Slim and Lord McNally

Tuesday 25th June 2013 Lords Chamber

[Viscount Slim]

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.

[Lord McNally]

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.

Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Viscount Slim and Lord McNally

Wednesday 7th March 2012 Lords Chamber

[Viscount Slim]

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?

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

Yes.

[Viscount Slim]

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?

Legal Aid and Civil Costs Reform

Debate between Viscount Slim and Lord McNally

Monday 15th November 2010 Lords Chamber

[Viscount Slim]

My 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.

[Lord McNally]

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.