Rehabilitation of Offenders (Amendment) Bill [HL]

Baroness Bakewell of Hardington Mandeville Excerpts

2nd reading (Hansard): House of Lords
Friday 27th January 2017 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I rise with some trepidation among the experts taking part in this debate. I thank the noble Lord, Lord Ramsbotham, for introducing this important Bill.

The process of the rehabilitation of offenders upon completion of a sentence has a dual purpose. The Rehabilitation of Offenders Act serves as an extension to custodial, monetary or community sentences by mandating ex-offenders to inform employers and voluntary organisations, when asked—usually during the application process for employment—whether they have any unspent convictions.

For many who have entered the criminal justice system, the Act also provides an opportunity to be relieved of the obligation to declare such information after fixed periods of time. This protection not only incentivises the ex-offender, as we have heard, to remain on the right side of the law; it also provides them with the certain knowledge that, at some point, they will no longer have to identify themselves as a criminal.

Notwithstanding the exceptions for very serious crimes, where offences are never spent, or environments where public safety is paramount and even spent convictions must be disclosed, the Rehabilitation of Offenders Act is a ray of hope for anyone seeking to make more productive life choices than those of their past. This is extremely important in helping them to reconnect with their families, where their term in imprisonment has caused rifts and stresses, especially where children are concerned. Knowing that they will not always have to carry the stigma but can move forward can be a life saver.

The existing Rehabilitation of Offenders Act provides no opportunity for an ex-offender’s sentence to be spent if a custodial sentence of four years or more is imposed. Although it is widely accepted that custodial sentences are reserved for more serious crimes, it must be said that many offenders in this category are left with little option when any hope of gaining employment is taken away from them.

The 2013 Ministry of Justice analysis of the impact of employment on reoffending following release from custody identified a marked reduction in reoffending when offenders entered employment. They had a job for which they were paid and were, therefore, able to support accommodation and a home—all essential to well-being and self-esteem. When able to maintain employment, the reoffending rate dropped dramatically. Reoffending rates for prisoners released after at least a year in prison dropped from almost 70% to 32% when they were able to maintain employment.

For low-level offenders, the existing Act serves merely as an extension to their sentence. Can you imagine that anyone sentenced to four years in custody for a serious assault at the age of 18 would still have to declare that conviction well into their 60s, even if this was their only custodial sentence? As the noble Lord, Lord Carlile of Berriew, mentioned, at 18, many of us were very different people from those sitting in the Chamber today. I am not suggesting that we were offenders, but we will have taken wrong turnings at some time. We have been lucky enough to move on.

Experience shows that the existing Act will not prevent the dishonest from lying to gain employment. However, it impedes the progress of those who could otherwise lead progressive and law-abiding lives, contributing to the economy through gainful employment. The reduction of the buffer period in the proposed Bill, during which convictions remain unspent, does not reduce the sentence or access to training and support services, neither does it provide an opportunity to wipe the slate clean. The reductions detailed in this Bill will give ex-offenders the opportunity to apply for jobs sooner, earn a wage earlier and pay their own way without the justifiable fear of rejection because of poor life choices.

The criminal justice system in the UK seeks to strike a balance at a time when budgets are increasingly tighter and it costs £37,000 to keep one person in prison for a year. The Government should be making use of all available tools to reduce reoffending and encourage ex-offenders to make better choices for themselves, their families and the wider community. Although I would never argue against the delivery of justice and the provision of security and protection from the most dangerous individuals, we must also recognise that the entire notion of modern, balanced, restorative justice is built on the belief that an individual has the capacity to rehabilitate, to learn to make positive life choices and to become a productive, contributing member of society. I welcome this Bill and sincerely hope that it will eventually pass all its stages and become law.