Victims and Witnesses (Scotland) Act 2014 (Consequential Modification) Order 2020

Baroness Northover Excerpts

Wednesday 3rd June 2020 Lords Chamber

[Baroness Northover (LD)]

My Lords, I too thank the Minister for his introduction to this SI.

During the coalition Government, when I was at the Ministry of Justice, I had a responsibility in relation to women offenders and women in prison. What I learned was chilling. We know that women are more likely to be poorer than men, and that women who come within the justice system, if they are parents, are more likely to be single parents. This is why prison is so devastating for them and for their families. When women go to prison, their children often go into care, and they often lose their housing and possessions. Therefore, I came to this proposal with that gender difference in the effect of penalties in mind.

I fully support the proposal that restitution should be part of a sentence, if judged to be appropriate. We certainly cannot tolerate assaults on police officers, or the other people prescribed here. I too pay tribute to the work that they have been carrying out in this pandemic. It is good to see the fund for victims, including caring for, treating and rehabilitating them, and it is good to hear that this will support the physical and mental well-being of victims. However, on reading the Explanatory Memorandum, I noted that

“an impact assessment has not been produced for this instrument as no, or no significant, additional impact on the private, voluntary or public sectors is foreseen.”

The phrase “no significant” impact is what I wish to probe; it was also mentioned by other noble Lords. I note that restitution may be required instead of, or in addition to, dealing with an offender in any other way. It is that “in addition to” which may be significant. I come back to the points that women tend to be poorer than men and have more childcare responsibilities. This order is about deducting from their benefits. This could be in addition to any other fine. Therefore, I want to know what assessment was made of this. Under equalities legislation, the differential effect of every policy is supposed to assessed with a gender lens. I recall, as Equalities Minister, needing to point out to the Treasury that it must do this. Internationally, we are required to do so by signing up globally to the sustainable development goals, and we urge all countries to look at the gender impact of their policies. Was that done in this case?

I have notified the Minister of my concern, in answer to his office asking me, and no doubt all of us, for prior notice of what we intended to ask. Therefore, it would not be a satisfactory answer to assume that there would be “no significant” impact in this case. How much on average are the restitution orders? To what extent are they used in addition to fines, or instead of them? What is the gender breakdown of those receiving them, and were any of these questions asked? In essence, did the Government properly consider any disproportionate effect on women and their children of restitution orders taking additional resources from their benefits? I look forward to the noble Viscount’s response.