Legal Aid, Sentencing and Punishment of Offenders Bill

Baroness Howe of Idlicote Excerpts

Tuesday 20th March 2012 Lords Chamber

[Baroness Stern]

My Lords, this amendment does not ask for much. It is indeed modesty itself. It asks for a focus, a group of people in the Ministry of Justice whose job should be to carry forward the excellent policies that the Minister told the House about in Committee. It makes it clear that the Ministry of Justice cannot do this on its own and calls for the Ministry of Health, the Department for Communities and Local Government, the Department for Work and Pensions and the Home Office to be involved—a point that has just been ably made by the noble Baroness, Lady Lister. It makes it clear that they should report to a ministerial group and that there should be an annual report.

This amendment is not a criticism of the Government’s work so far, nor of that of the previous Government. It is recognition that this is a particularly intractable problem. Efforts are made by many people, and the situation gets a little better, but then it reverts. The Minister will know, because he has just kindly answered a Written Question that I asked, that the Chief Inspector of Prisons said of the Keller unit at Styal prison that it constitutes,

“a wholly unsuitable place to safely hold and manage very seriously damaged and mentally ill women”.

The conditions in which such women are held in Styal prison have been criticised on and off for many years. On 15 February, in Committee, the Minister said that,

“one does not need to visit many women’s prisons to see that far too many prisoners should not be there”.—[Official Report, 15/2/12; col. 876.]

Ministers have said that before. This is not politically contentious. There is wide agreement about what should happen but sadly it does not change or it changes at the margins—one aspect improves while another deteriorates.

That is why there is wide support among those who are concerned with this issue for a statutory framework, a strategy, a focal point and an annual report that will allow Parliament to see if at last we are moving forwards and seeing improvements that last. I very much hope that the Minister will support this modest proposal.

[Baroness Howe of Idlicote]

My Lords, I, too, welcome this proposal. All of us have been talking about this area for so long, it is not true. The point about action now, which was made by various speakers, is entirely right. My noble friend Lord Wigley has quoted a number of horrendous figures, which I will not quote again, but the fact that 5 per cent of women’s children stay in the family home should be enough to indicate just how disastrous the effect of imprisoning women is on family life and on the futures of those children.

I very much hope that the actions already begun by this Government, and those started under the previous Government, to do much more to keep women out of prison will continue, which is entirely the right way to work. There needs to be intensive work and support at differing levels, both at professional and volunteer levels, to see the women out of these crises. Women prisoners outnumber men who self-harm, have mental health problems and so on. The situation is horrendous.

Without overemphasising absolutely everything about this issue, I hope that all departments will come together. I want to see good examples of what can happen in a women’s prison, but I also want to see it as an example of what would be effective for a number of men as well, particularly young offenders. I hope that the Minister and all those involved in this issue will treat it with urgency.

[Baroness Linklater of Butterstone]

My Lords, I add my wholehearted support to what the noble Baroness, Lady Corston, and everyone else around the House, has said. There has been no dissent. How could there be? It struck me that the proportion of women in the prison system is roughly similar to the proportion of children. Those are our two most vulnerable groups and the groups for whom we do least well by and least well for. They are the most vulnerable and the most needy.

It is very nice to see the noble Lord, Lord Warner, in his place, because the previous time we worked together—I imagine that we are together on this—we were fighting to save the YJB. I remember saying then that we must not allow ourselves to think for one minute that children are small versions of adults. Their needs are so different. Women are not other versions of men. Their needs are also extremely different. When the noble Baroness, Lady Corston, was quoted as saying that these prisons were all designed for men, she was quite right; women were in no one’s mind. They suited, and that was where they were coming from. To imagine for one minute that we could stick women into similar institutions and do them any good was absolutely insane.

If we ever get to what the noble Lord, Lord Ramsbotham, suggested and have someone who is in charge of and leads the way in policy, organisation, delivery and practice for women, I hope that that person will be a woman.

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[Lord Ponsonby of Shulbrede]

I support the amendment in the name of the noble Baroness, Lady Linklater. I agree with everything she said. I remind the House that I currently serve on one of these committees in central London. It is not a statutory committee, but it is a very important committee from which I certainly benefit in my work as a magistrate, as I know all my colleagues do. Nevertheless, I want to make the point that there are other statutory committees. I am thinking of the bench training and development committees which are required to sit under statute. With the best will in the world, the officials administer those committees more thoroughly than they do the probation liaison committees, precisely because they are not statutory committees. For that reason alone, I recommend to the noble Baroness, Lady Northover, that the statutory provision would add weight to what is, after all, one of the Government’s primary objectives, which is to make sure that the magistracy has confidence in community sentences.

[Baroness Howe of Idlicote]

My Lords, I support the amendment. The noble Baroness, Lady Linklater, knows so much about the probation service and the magistracy. She draws attention to very little of which we should not take a great deal of notice. What my noble friend Lord Ramsbotham has just said about what is happening in the probation service is alarming. I hope that someone will be able to explain what has happened in a way that makes sense. I go back a long way within the areas of the magistracy and probation and the tremendous work that they do with offenders over very many years. I was a juvenile court chairman. I was horrified when I read the report by the noble Lord, Lord Carter of Coles. At that moment, I said to myself that if I were a probation officer, I would leave the service because I knew it had no future. It is, therefore, even more worrying to me that the whole of the very effective work that it still carries out is under this kind of threat. I hope that the Minister will be able to reassure us that this is not the way forward.

[Lord Beecham]

My Lords, as a signatory to the amendment, I am pleased to say that the Opposition is more than happy to support it and should the noble Baroness not receive a satisfactory answer from the Minister—we live in hope—and wish to press the amendment, we will certainly endorse it. I was particularly impressed by the remarks of my noble friend Lord Ponsonby, who speaks from direct and daily experience of these matters in a busy court in the capital. We are already 25 minutes into this debate and there is much more to come, so I am content to rest the Opposition’s case at this point.

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[Lord Judd]

My Lords, in supporting this amendment, briefly, I very much agree with what the noble Lord has just said: that it is a halfway step. Yet better a halfway step than no step at all. I shall make two observations. I had the privilege for nine years of being the president of YMCA in England. I was particularly impressed by the work that it was doing with young people in prisons and detention centres. During that period, I became very concerned about exactly what preoccupies the noble Lord. It is almost as though we were deliberately building the foundations for a wasted and inadequate life, with future social costs and disruption, reoffending and the rest.

We know that society is becoming increasingly competitive and that it has huge pressures for the young. I say not simply on moral grounds, which I feel strongly about, but on the economic grounds that make absolute sense for the future of the country’s economy. To avoid the future expense of things going wrong repeatedly, and if we have any sense at all about rehabilitation and any commitment to it, these years are crucial. It is the very time that people are on the threshold of life, and they need to be equipped to face it. I make a personal plea to your Lordships: just think of our own families and of our own children and grandchildren in this age group. Think of the turmoil that they are faced with and the support that they need to sort out their lives for the future. Why are we ready to abandon these inadequate, neglected people to a system in which they are not getting any kind of support of that sort? I thank the noble Lord for having introduced the amendment, and I am glad to support it.

[Baroness Howe of Idlicote]

My Lords, what the noble Lord, Lord Ramsbotham, has outlined as a beginning is a very important thought for the Minister. I hope that he will be able to adopt it. We all know what goes on in prisons with young people. We all know, and now all pretty well agree, that, early intervention, even in a prison situation, but preferably even earlier so that that does not happen, will in the long run save money. The flexible way in which what is proposed has been outlined allows the Minister to organise it in such a way that it can take account of the actual age of the individual. That will be a very good step in the right direction, whether or not it can be written into law. We have plenty of things to try to add to the law in addition to the ones on the agenda. I hope that it will be taken very seriously and that practical steps will be taken.

[Baroness Linklater of Butterstone]

My Lords, I rise very briefly to endorse every word that the noble Lord, Lord Ramsbotham, has said. How much it resonated with me. The older end of YOIs are famously inadequate and have been so for some time, no doubt partly because they are also a famously difficult group. The noble Lord, Lord Ramsbotham, highlighted the fact that these are very often young people in transition. Transitions are difficult and absolutely awful to go through. I have always said that I am never off my knees in gratitude that I will never have to be a teenager again. There is merit in the idea that they could be, as it were, somehow incorporated—that, if the arms of the YJB became wide enough, they could encompass them in some way. I am not entirely sure how much the YJB is in favour of such a proposition, but maybe there are ways of choreographing that. However, I have simply risen to say that the noble Lord, Lord Ramsbotham, has put his finger on a very real and challenging problem.

The other day, I was visiting Merseyside Probation Trust, which is doing an incredible range of first-class work. Its IACs—intensive alternatives to custody—are particularly impressive. I spent some time with one girl who had been through it. She had form like you had never seen and she came singing the praises of the person from the probation service who had been working with her through this process. It was truly worth while in that case. Maybe it is very expensive—it is certainly very time intensive—but it is something that I, along with what the noble Lord, Lord Ramsbotham, want to endorse.

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I and others have often quoted the words of Winston Churchill about the way any country treats its crime and punishment being the true test of its civilisation. I do not want to lose that soubriquet, and I want those responsible for the management of offenders to be rightly motivated. I was brought up to believe that there is no such word as “can’t”, in which spirit—and accepting the proposal of the noble Lord, Lord Judd, in Committee—I ask the Minister to ask his political masters to think again, and restore some of our lost faith by adding the words “and Rehabilitation” to the Title of the Bill that returns from this House to the other place. I beg to move.

[Baroness Howe of Idlicote]

My Lords, I very much support this amendment and have put my name to it. It is a great shame that we could not find a way to debate this issue right at the beginning, before we started work on the detailed and different parts of this hybrid Bill. Indeed, many of the debates on today’s amendments—I am not talking about the last two or three, which seem quite beyond the Bill in many ways—illustrate exactly why this amendment is so relevant and important to the Bill. For example, plans to meet women prisoners’ different needs, the debate on restorative justice, better training and rehabilitation plans and post-prison support for young offenders: all of these were about rehabilitation. Indeed, the background to all the work that the Minister has so often talked about is about rehabilitation.

It is quite absurd to be debating what the Title of the Bill should be as we reach the very last pages of the Bill and the very early hour of the following day. If the Minister could accept the amendment, even at this stage, success would have been achieved, giving those who will use the Bill a much better understanding of what it is really about. Above all, it would not have cost the Government one single penny and, over and above that, I am quite certain that the Minister believes—as we certainly do—that in the long run it will save a great deal. I very much hope that he is in a giving mood on this amendment.

[Lord McNally]

My Lords, I have been wondering whether I dare quote poetry at this hour, but I think noble Lords deserve it. Whenever I hear the noble Lord, Lord Ramsbotham, the noble Baroness, Lady Howe, and the noble Lord, Lord Judd, who I am sure is with us spiritually, I am reminded of these lines from the Rubaiyat of Omar Khayyam:

“Ah Love! could thou and I with Fate conspire

To grasp this sorry Scheme of Things entire,

Would not we shatter it to bits—and then

Re-mould it nearer to the Heart’s Desire!”

Certainly, as I have said before, there is no lack of sympathy with the promotion of the concept of rehabilitation. Indeed, as I have also said before, I believe that those who argue the case for rehabilitation are doing more for victims and more to reduce crime than those to whom the noble Lord, Lord Pannick, referred earlier today as the “throw away the key brigade”. There is no argument between us. The Ministry of Justice believes in rehabilitation, and a large range of our policies are geared to rehabilitation. However, I think most people will look beyond the Short Title of the Bill and judge the Government by their intentions and performance. As many noble Lords have recognised, the Bill contains key measures for the youth and adult criminal justice systems that will contribute to the rehabilitation of offenders. Therefore, although I would very much like to accept this amendment in many ways, I am afraid that the noble Lord, Lord Ramsbotham, is right—I must simply salute, get on with the job and urge him to withdraw the amendment.