Legal Aid, Sentencing and Punishment of Offenders Bill

Baroness Browning Excerpts

Tuesday 20th March 2012 Lords Chamber

[Baroness Browning]

My Lords, I, too, warmly welcome the alcohol abstinence and monitoring requirement that the Government have introduced, and I thank my noble friend Lady Northover for the hard work that she has put into bringing together all the parties in order to get an agreement. That is why we have this measure before us tonight. Perhaps I may also say that my friend, the noble Baroness, Lady Finlay of Llandaff, and my noble friend Lady Jenkin have worked over the past few weeks not only to bring this to the attention of the Government but to find a solution that will enable us to see this provision on the statute book before, we hope, too long.

These will be trials, of course, and I hope that they prove a valuable tool in addressing the issue of binge drinkers. During the working week many of these people, of whom there are increasing numbers, hold down responsible jobs; but at the weekend they decide that they have not had a good night out unless they get paralytically drunk, to the point where not only do they have to be helped home but—as the noble Baroness knows, having taken me to visit St Mary’s Hospital Paddington to see the work being done there—they take up huge National Health Service resources. I am sure that if we are going to tackle what in this Chamber we euphemistically refer to as binge drinking, these provisions will be valuable across a range of criminal activity and act as a deterrent for the particular group of binge drinkers who will find it difficult to comply with some of these measures during the working week. They may well start to take some responsibility for their behaviour.

The question of when alcohol dependency becomes a medical condition has already been mentioned. I would stress to my noble friend on the Front Bench that the Government should continue as they have started by ensuring that alcohol abuse does not remain the Cinderella of the drugs and alcohol scenario. It is important to ensure that people get appropriate treatment and that it is sustained so that they can recover. As we know, that takes a long time and it takes resources. It is not something that is easy to achieve, but it can be done. I hope that the Government will not take their foot off the pedal in terms of ensuring that proper treatment is available to those who become alcohol dependent.

Finally, these are trials, and as is the case with all trials, it may well be that some defects are identified by the end of the trial period. Some things may not work properly and could be different. If that is the case, I urge the Government not to abandon the trials and say, “Oh well, they didn’t work”—I am sure they will not do that—but to look for ways to modify the proposals, even if it means coming back to the House to make further changes to the legislation. I feel that this is one step on what will be a long journey to identify and address the systemic problems of alcohol abuse that we have in this country.

[Lord Brooke of Alverthorpe]

I, too, welcome the Government’s statement. I am one of those who have been on this journey since we commenced it in the Police Reform and Social Responsibility Act 2011. Like the noble Baroness, Lady Browning, I want to express my support for and gratitude to the noble Baroness, Lady Finlay. Her single-mindedness and determination have been extraordinary. She has been willing to accommodate the objections that come along, and on the route she has brought together a wide range of supporters for this change, not the least of which is the mayor’s office. Over the period people have quite significantly adjusted their responses.

The noble Baroness, Lady Browning, was also an important part of this process. I agree with what she has just said about how we should move forward with the Government. I also thank the Government for having shifted their position over the past few months. I believe that they have now presented to the House a workable set of propositions. They will be implemented on a trial basis, but they embark on an entirely new approach and are unlike anything we have tried before. It is probably the first time that the word “sobriety” has been used in legislation in this way. I may be wrong on that, but I certainly have not seen it while I have been here over the past decade. It gives us a platform on which we can try to build in the future.

I also congratulate the Government on bringing forward these proposals in advance of publishing their strategy on alcohol. How many times are we given papers and strategies, but not the teeth to accompany them? Yet in this instance the Government are taking action in advance of the words that no doubt will follow when the paper is produced. I think that people across the whole Chamber are very pleased indeed with the progress that has been made over the past months. We look forward to seeing how the trials pan out. They may need to be adjusted, but they will provide the Government and magistrates around the country with a new tool to help us tackle the pernicious problem of the abuse of alcohol.

--- Later in debate ---

[Lord Henley]

My Lords, first, they are not going to be shoving it into a container. This is, as it were, the rag and bone man going around collecting metal in the street. If he wants to get money for it, he is going to have to take it to a scrap yard. He is not going to get money for it by any other means. At that point, the provisions we are debating come into effect. If the noble Lord feels that we are creating an exemption that will create a loophole and drive a coach and horses through what we are doing, just by this small means of exempting the itinerants going around, he has probably got it wrong. He obviously does not accept what I have to say, but I think that he has misunderstood where we are coming from.

[Baroness Browning]

My Lords, I am grateful to the Minister for the explanation that he has given to the whole House, particularly in respect of the amendment tabled by the noble Lord, Lord Faulkner of Worcester, about itinerant collectors. However, I was pleased to add my name to Amendment 156D because, as my noble friend will be aware, the overall increase in metal theft is very clearly parallel to the rising cost of metals around the world. It is a world market, and the theft of the more valuable metals, such as copper, has particularly increased as the world price has gone up.

However, I remind my noble friend—not least in the context of the welcome news that we have in the government amendments tonight and the proposal completely to reform and amend the existing scrap metal Act—that it is very clear from the evidence from ACPO and others that scrap-metal theft is part of organised crime in this country. It is very easy to think that these are just opportunistic thefts, when people happen to see something that they might take on a dark night, and that sort of thing, but that is far from the case. Given that it is part of organised crime, I hope that my noble friend, in looking to get to grips with the reform needed in this area, will bear in mind the fact that very often it is the criminals who organise the people who, in practice, carry out the theft who make the most money. They orchestrate others: sometimes people who, I am quite sure, are fully aware that they are carrying out a criminal act but who themselves are not necessarily the beneficiaries of the full amount of the value of that scrap.

Reference was made just now to the Hepworth statue and how its melt-down value would not have been very much in comparison to its insurance value. The right reverend Prelate, on behalf of the churches, made very clear the overall cost to churches when they are robbed of the lead on their roofs, very often not just once, and the difficulty with insurance going up. The cost of these crimes is not just the melt-down value of the metals. It is also the consequential losses.

I would also respectfully remind my noble friend of the developing pattern in metal theft of what is referred to as rare earth. Very small quantities of these valuable metals can raise significantly more than copper and other more traditional metals. They are the sort of metals found in wind turbines and electricity generating stations. They are now starting to appear because yet again their value on the world market has gone up. Any reform to the scrap-metal act needs to take account of current trends, which are moving away from some of the more traditional metals to some of these more sophisticated metals.

I welcome the Government’s move to take out the question of this being a cash-based business—and one hesitates almost to use the word “business” in this context, but I suppose one must. They should bear in mind in any changes that they are bringing in to cover these wider issues that there is a sense of urgency about the need for more radical change. That change, if it is to address the increasing problems that we have, must look to those trends and to the future.

[The Lord Bishop of London]

My Lords, I am very grateful indeed for the way in which the Minister, in particular, and the Government have responded to the difficulties that have been raised. I am particularly grateful to the noble Lord, Lord Faulkner, for his speech. I want to make one very simple point, as the hour is rather late. I seem to remember that Steptoe and Son was an itinerant operation that operated from a scrap-metal yard. Surely there is not a cordon sanitaire between the scrap-metal operation and the itinerant collector. Is it really the case that the only people that the Minister describes as having received these licences are people unconnected with scrap-metal yards? It seems a rather bizarre idea, which is why I am tempted to support the further amendment in the name of the noble Lord, Lord Faulkner.