Offender Rehabilitation Bill [Lords]

David Anderson Excerpts

Tuesday 14th January 2014 Commons Chamber

New clause 3 would provide for a veterans rehabilitation requirement to be piloted as part of a community sentence. That would act as a simple variation of a veterans court. I sometimes think that calling it a veterans court is a bit misleading, as it could just as well be called a veterans panel. The new clause would provide for a veteran who received a community sentence to be immediately referred to a veterans panel that included representatives of probation services as well as experts on veterans’ health, resettlement and rehabilitation. The panel would put in place a programme of rehabilitative support for the offender and would request to see him or her at regular intervals to check on progress. We are keen that a pilot should take place, which would not only signal a commitment to act on the issue but would begin to build up an evidence base—we like evidence bases on the Labour Benches—and experience of what works with our armed forces.

[Mr David Anderson (Blaydon) (Lab)]

Does my hon. Friend agree that the experience in the United States shows that when such cases go through the courts the judge dictates how the person should be helped? The judge makes the point to the other key agencies that they have responsibilities to the person. For example, if the housing people or health people are failing, the judge can have a go at them. That makes things work much more effectively than saying, “Let’s just sit down and talk about this,” as it provides some direction.

[Jenny Chapman]

I agree with my hon. Friend, who has knowledge and expertise in this area. What he says could apply to any offender, as many of us are concerned that judges are not always as aware of the outcomes of the decisions they make as they could be. This particular idea would also help in that regard.

That might also start to make a world of difference for servicemen and women struggling to find their feet after their service to the rest of us. The Minister’s consultation is welcome, but we would like a commitment from the Government that action will be taken to trial and improve services for veterans who enter the system. As the noble Lord Beecham put it eloquently in another place,

“we should… not allow another situation to develop in which sentiments are pronounced but nothing much happens.”—[Official Report, House of Lords, 11 June 2013; Vol. 745, c. 1565.]

I thank the House once again for the wide-ranging support on the matter and look forward to the Minister’s reply. We will not press these new clauses to the vote, but I would like him to respond carefully to what we have said and give us more assurances than he has given so far on the review he has begun.

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[Mr Llwyd]

Yes, and actually, as one who follows these things, I know that, interestingly, an increasing number of reservists are appearing in court, having left their work for a period and gone into the eye of the storm. On coming out again, as the hon. Gentleman rightly says, they are expected to go back to civvy street as normal, but it is clearly extremely difficult. That is a big problem, and the amendments would be a step forward.

Almost by instinct, as a lawyer I have something at the back of my mind saying, “Why should any class of society have a court set up especially for them?” In this case, the answer is simple: because these people have been through extraordinary situations that we cannot even imagine. Of those who would wish to argue along the lines I previously argued, I would ask: why do we have specialist drug courts in the UK? They have worked well. The Liverpool drug court was a great success when it was in full swing, as these courts, or disposals, could be—we are talking about disposals for veterans, to begin with, which is perfectly sensible.

[Mr Anderson]

Does the right hon. Gentleman agree that the American experience shows not only that such courts are effective, but that they are economically viable? People are not going to prison, so there are not the problems of family breakdown, and the huge array of things put in place when people keep going back to crime are no longer there, so there is an economic as well as a social case.

[Mr Llwyd]

Yes, there is. In addition, ex-service personnel are not used to paying regular bills and so on, and sometimes they do not balance their monthly income and outgoings, they end up in debt and everything spirals from there. I remember speaking with SSAFA in south Wales some time ago, and it told me that about 60% of its work was to do with debt, the handling of money and so on. That is another issue that has rightly been identified.

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[Mr Anderson]

I want to speak in support of new clauses 2 and 3 and in support of veterans.

About five years ago I was approached by an ex-colleague who asked me to meet a group he was working with. Tony Wright was that colleague and he is an ex-Marine. He had to leave the Marines as a young man because of an injury and he went into the social services, ending up in the probation service. Everywhere he went he bumped into people who had gone through experiences similar to his. They had left the forces, sometimes under a shadow and sometimes not, and they had lost their way. He had become increasingly concerned about their well-being and eventually decided to do something about it, and five years ago he set up a group called About Turn, which has now become the charity Forward Assist. Tony asked me to become a patron of the charity. After sitting down with some of the people he works with, I said I would be very pleased to help them.

Three years ago, Tony won a Winston Churchill scholarship to travel to America. One of the first places he went to was Buffalo. He went to some courts that had been spoken about, and he was blown away by his experience there. The whole thing was based on comradeship. People who had gone the wrong way in life were being pulled back by the people in those courts. Everybody from the judge downwards was ex-service personnel and their determination that nobody would fail was what made things succeed. As we have heard already today, so far, in five years, not one person has gone back to crime—not one person. We should compare that with any other form of justice system.

As a result of that visit, Tony asked me if I would go with him to Arkansas to try to develop a link between Tyneside and Arkansas. The intention was not only to develop a civic link, but to develop a veterans exchange project. I went with him last December. While we were there, we were invited to go and meet Judge Mary McGowan, who runs one of the courts in Little Rock in Arkansas. She originally ran the drugs court, but after a discussion about drugs courts she decided—along with a gentleman called Rob McDonald, who was a prosecutor at the time—to set up the veterans treatment court. We sat in and listened to the court in action and spoke to people who were going through the system and we realised that this was something that could really work.

One issue we have not got our heads around was mentioned by the right hon. Member for Dwyfor Meirionnydd (Mr Llwyd): are we saying that these people are a special case? I think the answer to that has got to be yes. They are a special case because of what Members in this Chamber ask of them. We ask them to go around the world and to be prepared to die for us and to be prepared to kill for us, and if they refuse to kill for us, they will do time in jail. That is the complete opposite to the norm. We ask these people to do abnormal things. If somebody fires a gun at us, we run away. When somebody fires a gun at service personnel, they run towards them. When these people come out of the forces, what happens to them?

I will describe some experiences. A meeting was hosted by Mr Speaker in the House of Lords last year. There were about 10 to 12 men ranging from guys in their 20s to a gentleman who was 92 and who had been a tail-gunner in world war two. One of these guys told a story about when he came out of the services. He sat down with his wife and said, “Whatever you do, don’t ever leave me alone with the children, because I’m not sure I can cope with them.” Is that not really, really frightening? At least the man had the nous to accept his potential shortcomings. Another one told his story. Everything was normal in his life except that every time he went to bed, he got a panic attack. When he thought it through, he realised the cause was the simple act of turning the bedroom light off, because the switch reminded him of the time he was walking along with a friend who was killed by a booby-trap that was triggered by an electrical switch. That was put right by putting dimmer switches into his home. These are the sorts of situations that we, as ordinary people who send those guys out there, would never ever think about.

I talked with another guy who for 10 years had been given the wrong medication because nobody had realised that he had been in the forces. When that fact came out and people started trying to work out the causes of his problems, it was discovered that they stemmed from the fact that he was the only man who jumped out of a burning tank that still had his friends inside. After that discussion had taken place, the way in which he was looked after completely changed, and he is now on the right track and working towards a normal life.

When we came back from Arkansas, I was proud to invite people from the US to Newcastle to develop a link, and to discuss the Buffalo veterans treatment court. We held a seminar in Newcastle in May, which was addressed by Prosecutor Rob MacDonald who had come across from the United States. Lord Beecham was also there. He is a former leader of Newcastle city council, and a gentleman with whom I have had the privilege of working for more than a quarter of a century. He had never heard about the courts before, but he was instantly able to see how important they were. I asked him whether they could work in Britain and he said, “There’s no reason why they can’t work, Dave. We have the models; we already have family courts. We could adapt that model and we could make this work if we really wanted to.” He came back here, and he and Lord Ramsbotham tabled amendments in the House of Lords. Unfortunately, none has been accepted so far, but I am glad that progress is being made.

We are talking about giving people a purpose in life and a reason to get out of bed in the morning. We are not talking about people who have committed really serious crimes. This is about men and women who have committed crimes almost as a cry for help because they have no money or because they do not understand the chaotic world that we live in today. They have had a structured life and, all of a sudden, that life has been pulled away from them. This is about helping them to make a difference.

As the hon. Member for Plymouth, Sutton and Devonport (Oliver Colvile) mentioned, we went to Washington with the Northern Ireland Committee last year to meet prosecutors and others involved with the veterans treatment courts. Some members of the Committee were, to put it mildly, cynical about them. Some, unlike myself, have a legal background. No one pretended that the courts provided a magic wand, but when it was explained how they worked, those Committee members agreed that this was something we should pursue. The veterans treatment court in Buffalo was the first, and more than 100 are now up and running. I think that two have been given up on, but the rest are reporting really positive results. They also link into the work being done on drugs, because the link between drugs and the activities that the veterans get involved in is hugely relevant.

I am often loth to push the American experience, but the way in which the Veterans Administration was set up can teach us some lessons. For example, it can teach us about the horrible experiences that came out of Vietnam. Vietnam veterans were treated disgracefully in America, but somewhere along the line, the light went on and the Americans realised that that was wrong, and that they should not blame those men and women for the mistakes made by the politicians. The work that has been done since is a great example to us all. It covers a huge range of things, and it shows us how we can learn to treat people properly.

I am a great advocate of the national health service. People in this country tend to think that if someone has a problem, the NHS can put it right. Well, it can be put right if people happen to put all the pieces together. As I have said, one of the biggest pieces is the ability to realise that a man is where he is because of his experiences —not because he is inherently violent or because he has a mental or physical problem but because of what he has gone through, and what we have put him through.

There is a raft of information available from America on how big this problem can be. A recent seminar held there under the auspices of Justice for Vets estimated that, in 2010, about 300,000 Iraq and Afghanistan veterans were suffering from post-traumatic stress disorder, and that almost 50% of the people who had been in those theatres of war were seen to be suffering from traumatic brain injury. The numbers are huge compared with those we have seen in previous wars. This is about the changing nature of war, and about being exposed to the real world of modern-day warfare 24 hours a day. That is very different from what people experienced before.

That does not mean that veterans from earlier wars do not have the same problems. The group I work with in Newcastle has a guy from world war two and people who went through the situation in Aden. Those events are still as live to them today as they were 50 years ago or more. They lost friends there, for example. Those who served in Northern Ireland also played their part in trying to put things right over there. There are huge issues involved in how we deal with those people, and we need to be aware of how we can help them.

A psychiatrist we met in Little Rock said, “You need to understand that a tsunami of mental health problems is going to hit this nation in the same way as it hit ours.” We know that the number who went from these shores was small compared with those who left America, but the number who are coming back with problems is big. I am not saying, and I would not like to be portrayed as saying, that everybody who goes to war and everybody in the services will have these problems, because they will not, as we know. Lots of people make a good new life for themselves and move forward, but the ones who are not able to do that deserve special care from us in this House.

One of the real issues was touched on by the right hon. Member for Dwyfor Meirionnydd—the numbers. Some of us from a group in Tyneside met one of the Justice Ministers just before Christmas, and the hon. Member for Plymouth, Sutton and Devonport talked through this issue. What is clear is that nobody really knows how many people from the forces are in jail. A gentleman called Colin Back works on rehabilitating the forces to get them back into work, and he has done work in the south-east of England. He reckons that we could be talking about almost 12% of this population, which is hugely more than the official figures suggest. So as part of the review and the ongoing work, we need to get these figures to see how big the problem is. If we can get a fraction of those people out of that situation, that would be the right thing to do, not only for them and for us, but for the economy. If these people are in work, if their families do not need special support and if there is no family break-up, we will not have probation on the side and prisons that are too full—everybody will win, and that is the great beauty of it.

I am really pleased that the commission has been set up. The hon. Member for Penrith and The Border (Rory Stewart) is exactly the right man to lead on it, and I ask him to come over the Pennines as quickly as he can. He will be made to feel welcome in the north-east, because people there have lived through this, and although I am telling their story, I can never relate to it in the way they can. These people have been given a lifeline and they want us to help them, and we should do so. Part of that is about supporting these provisions. If the Government decide not to support them, I ask them to do the work regardless.

[Mrs Moon]

I will be as brief as I can, Madam Deputy Speaker, because I am aware that the Minister needs to wind up. I give credit to my hon. Friend the Member for Barnsley Central (Dan Jarvis) for tabling the new clause, to the right hon. Member for Dwyfor Meirionnydd (Mr Llwyd) for the work he has done and to the hon. Member for Penrith and The Border (Rory Stewart). On the work the hon. Gentleman is going to undertake, may I urge him to ensure that whatever we bring forward and whatever is recommended, appropriate research is done and data collected to sit alongside it? What will be important is to learn a huge amount from this, not just about the number of people who will need the support of the veterans courts, but about the effectiveness of having specialist courts that will advise on the most appropriate way to prevent reoffending.

One question that has been raised was how we are going to define “a veteran”. The importance of reservists has been mentioned, so I will not go back over that in the way that I had planned. We have to recognise that post-traumatic stress disorder and mental health conditions relating to service do not necessarily happen on return. I know that the hon. Member for Penrith and The Border is very aware of that, but we must ensure that we clearly identify who will be eligible for veterans courts. We must not just discount people because their service took place years ago. It was suggested that an 18-year-old who had joined the services but not completed basic training might not be suitable. May I ask the hon. Gentleman to look at the research on suicide carried out by Professor Nav Kapur at Manchester university, because it shows that the highest number of people who have served in the armed forces and are likely to go on to take their own life are found among exactly that group? Often that is because they have been failed by society because they have gone through the care system and, yet again, they feel that they have been failed.

In collecting that data, can we please look at how many of those people who go on to reoffend have gone through the care system? That is critical information, because we know for a fact that many people who end up in the criminal justice system have served time in our care system and have already been failed by society. Let us use this opportunity constructively and creatively to look at how we can tackle reoffending and to ensure that we offer the best way forward to reducing it. We have an opportunity to be not punitive or negative but constructive and creative. I look forward to the work that will come forward. If I can help in any way, I look forward to doing so.