Criminal Justice and Courts Bill

Baroness Buscombe Excerpts

Monday 21st July 2014 Lords Chamber

[Baroness Howarth of Breckland (CB)]

My Lords, of course it is wrong for a young person to carry a knife. Of course we want to remove and reduce the number of young people in school with knives. Of course we want to sympathise with the victims. I am a mere social worker, so I have had to work at both ends of this spectrum. However, what we are talking about is what the real deterrent would be, not whether we are aiming to reduce the use and holding of knives.

I agree with noble Lords who have spoken about young people’s development; we think of that very little these days in our policy. Based on my experience, the clause is very unlikely to deter them from carrying knives. What happens is that young people find themselves in a gang at the age of 14. The rest of the gang are aged 16 to 18. The clever thing is to carry a knife. It may be that the 16 to 18 year-olds are not carrying the knives, but the young person is encouraged to take the risk. On estates they are terrified that their parents—usually their single mum—are going to be harmed, so they carry a knife. Of course it is wrong, but the deterrents will not work if these young people are going to be put away.

The All-Party Parliamentary Group for Children has just been looking at the relationship between children and young people and the police. A number of the young witnesses were pretty tough and had been in extraordinary trouble. It became clear that what made a difference was those young people having a police mentor. As the result of the police going into their schools and talking to them, they joined the police cadets or some other organisation, and that was far more likely to deter them from the path of any sort of criminality, particularly violence. If young people begin to understand, through relationships, what the outcome of their actions will be, they will be much more likely to change. Therefore, I oppose the clause and support the noble Lord, Lord Marks.

[Baroness Buscombe (Con)]

My Lords, I rise to speak with some trepidation because I have found this debate really rather depressing. I speak as a member of the Joint Committee on Human Rights. I am not speaking as someone who might have experience as a social worker or as a member of the judiciary. I am a lawyer but I am also a mother and perhaps, through that experience, in addition to my experience as a lawyer and as someone who has spent many years in your Lordships’ House, I might understand the thinking of those who carry knives. We should remind ourselves that we are talking about:

“Possessing an offensive weapon or bladed article in public or on school premises: sentencing for second offences for those aged 16 or over”.

I shall be brief because most of what I want to say has been said very eloquently by my noble and learned friend Lord Mackay and my noble friend Lady Berridge.

My support for this clause focuses on two points. First, it is true that the level of knife crime is falling and that has to be a good thing but, through our ability as a legislature, let us give all the support we can to those who work to support that trend to do the right thing—that is, the police, teachers, governors, the Government, the Ending Gang and Youth Violence programme led by the Home Office, and those very young people themselves. Let us not underestimate the ability, the intelligence and, in some ways, the smartness of those who unfortunately are gang members. Let us give them every piece of ammunition to stop carrying knives in public places and in the schoolyard. Let us think about their friends who are terrified every time they go into the playground because they do not know who, among their friends, is carrying a knife.

My second point concerns deterrence, and it has pleased me to some extent that we have at least heard that word. I was beginning to think that there was no longer any such thing in people’s minds and that people were saying, “Well, it won’t work, so let’s not bother”. We have been allowing these gangs to grow in number in all parts of this country. Let us do all we can to see whether just one additional strengthening of the law will lead to some small deterrent somewhere in the minds of these young people, giving them the strength to say, “You know what, it’s not worth it. Even though it might look cool, it ain’t cool, because I don’t want to go to prison”. Call me naive but I can tell your Lordships that, in a sense, bringing up children is as good an experience as sitting in a court of law and receiving the problem after the event. I am saying that we have the ability in your Lordships’ House to focus on prevention, not the after-effects. So please can we say to all those children out there, “Be strong and we will show you that it’s just not cool to carry knives”?