Crime and Courts Bill [HL]

Earl of Listowel Excerpts

Tuesday 18th December 2012 Lords Chamber

[Baroness Butler-Sloss]

My Lords, I declare an interest as co-chair of the human trafficking parliamentary group. If there are reasonable grounds for someone being understood to be a victim of trafficking, it would be extraordinarily unjust and contrary both to the Council of Europe’s convention and the directive of the European Union, to both of which the Government are signatories, to treat that victim in the way that it is possible that he or she would be treated if the amendment were not passed.

[The Earl of Listowel]

My Lords, I would be most grateful if the Minister could clarify the position, raised by the noble Lord, Lord Avebury, regarding this sudden moment of transition at the age of 18. I would appreciate him reassuring the House that the Government do not consider there to be a single cut-off immediately after the child moves past the age of 18 but that there is humane consideration of a young person’s need for a transition into adulthood. With young people who have been traumatised—for instance, those who have been trafficked—one sees that their development may well be delayed and one has to allow for that. In the Children (Leaving Care) Act, we see special consideration being given to their needs, because of their early trauma, up to the age of 21 and, in some cases, until the age of 25. We need to pay attention to the developmental needs of children and to recognise that some children, particularly those who have been traumatised in their early life, need more care and attention as they make that transition into adulthood.

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[Lord Cormack]

My Lords, I came to listen and I do not think I have ever heard more powerful, convincing pleas for a Christmas gesture from a Government. I will not repeat the justifiably flattering things my noble friend Lord Kirkwood said about my noble friend Lord McNally, but he is a man of imagination and sensitivity and I hope he will realise that, if this House exists for anything, it is to say to the Government on issues such as this, “You have not got it right”. If the Government are consulting, it is for the House to say that they have to do it quickly and come back with something that will satisfy the points made by the noble Baroness, Lady Meacher. The right reverend Prelate talked about wheel clamping, an interesting and rather good analogy. But the inconvenience that we might suffer if our wheels are clamped is as nothing compared to the anguish and misery inflicted upon a destitute family.

In Lincoln, we are in the process of revealing Lincoln Castle. We have a large grant from the Heritage Lottery Fund. I am acting as chairman of the Historic Lincoln Trust. One of the things that we are going to do is restore and recreate the prison in Lincoln Castle. When people come and look at that they will see the conditions in which debtors were kept. When we read David Copperfield and about the life of Dickens himself, we think, “Good gracious, could people have been put in prison for debt?”. Yes, they were and, yes, we should know about it.

Is there any equivalent today? Yes, this is perilously close to it. It visits upon people who are among the most vulnerable and often the least articulate a horror that leaves the disintegration of their lives in its wake. We are not saying that there should not be procedures for debt enforcement, or that people should not face up to their obligations as best they can. All we are saying is that there should be an ethic and a code so that those who are acting as the agents of the creditor do not act with insensitivity, or even a brutality, which is incompatible with civilised life and living.

On that note, I say to my noble friend that this is a season of good will. This is a time when we ought to have particular regard for the most vulnerable and least fortunate in our society. Here we have the opportunity in your Lordships’ House of putting down a marker if my noble friend is unable to give us a reassuring reply. I thought that I had done my voting for this year last week, when the Government—rather foolishly, in my opinion—pressed on against the noble Lord, Lord Dear, and got a thorough hiding for their pains. I thought that I had done my voting and would not be doing any more. However, unless my noble friend can give a satisfactory reply, we might have to do the same again.

I conclude on this note, by repeating that this is the sort of thing for which your Lordships’ House exists. If we cannot do this, it is difficult to justify our being here. I believe passionately in our being here, as I have tried to demonstrate over the past two years. I want us to be here, reformed to a degree, but for a very long time to come. However, I would not be able to look at myself in the mirror if I did not support what the noble Baroness so eloquently put before us a few minutes ago.

[The Earl of Listowel]

My Lords, it is hard to follow the eloquence and persuasiveness of the noble Lord, Lord Cormack. I will briefly say how strongly I support my noble friend Lady Meacher’s amendment. I was most grateful for the trouble that the Minister took on Report to reassure us that, further down the line, measures would be taken that would protect these vulnerable people. However, again and again we have heard that this is an enduring, long-term issue. The people at risk are highly vulnerable.

I asked the Minister on Report what protections there might be for pregnant women and women with children under two years of age. That is an emotive question, but it is an emotive question for a very good reason. We have always appreciated how important that stage in a child’s development is, and the importance of the relationship between mother and child in that early time of life. More and more, however, the research is highlighting that the very relationship between the mother and child in that earliest time actually shapes the child’s brain. The valiant efforts made by the right honourable Iain Duncan Smith and Graham Allen MP to get more early intervention for our children are, I believe, based on this evidence.

We should know this kind of detail after this matter has been debated for so long. It should not be somewhere way down the line once we have legislated. I hope, therefore, that the Minister will come back with something more reassuring at this point, otherwise I am afraid that I will feel forced to follow my noble friend through the Division Lobby.

[Baroness Hamwee]

My Lords, over the years I have been very much persuaded on this issue by those who have put forward the arguments that we have heard this afternoon. However, my noble friend made a point on Report which I confess I had not thought of before. That was that we should ensure that the banks and other lenders are taken along with new arrangements, because it is so important to keep the flow of credit—something that your Lordships have discussed on many occasions.

When he comes to reply, will the Minister tell your Lordships any more about discussions with the banks or other lending institutions? After all, many discussions have taken place with the lending institutions about the availability of credit. His point was important; when he spoke last week I realised that there is another side to this. I absolutely take the points that were made about the behaviour of some bailiffs, but that very cohort, or constituency, of those who are affected would be affected if credit were not available.

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[Lord Ramsbotham]

My Lords, I put my name to this amendment for two reasons. The first was that earlier in the work on this Bill, my noble friend Lord Rix, who unfortunately cannot be in his place tonight, and I, together spoke with the president of the Queen’s Bench Division; he in his capacity as chairman of the All-Party Group on Learning Disabilities, and I as chairman of the All-Party Group on Speech and Language Difficulties. We were very concerned at the implications of people not being able to be properly represented, and, therefore, not being able to understand the court processes that they were likely to go through.

One reason why I have added my name to this amendment is because I have since learnt, from the chairman of the Magistrates’ Association, that there has been a very large increase in the number of out-of-court settlements. He quoted to me the fact that 50% of crimes of violence are now dealt with out of court. This worries me, as it worried my noble friend and I when we spoke to the president of the Queen’s Bench Division, because it is just as important that people are represented during those out-of-court engagements with the police as it is that they are in court.

I know that there is a resource issue, but like the noble Lord, Lord Bradley, I have to ask whether this is not a resource issue that we cannot afford not to tackle because of the resulting cost of not taking appropriate action on behalf of these defendants, who otherwise cannot take part properly in the court and out-of-court processes.

[The Earl of Listowel]

My Lords, I support this amendment. More than 60% of children in the youth justice system have communication difficulties. An inspectorate of probation report—published today, I believe, or at least reported by the BBC today—was very critical of the services for looked-after children in the youth justice system. Many of these children are placed away from home, apparently without good reason, and some young offender teams do not pay attention to the emotional impact on these children of being in care. The chief inspector said, in the BBC article:

“What we saw in this inspection really shocked us … All of these things are impacting on their life chances—what we are seeing for these children are very poor outcomes … Youth offending team workers’ aspirations for the children were ‘depressingly low’”.

The report said many staff had become “desensitised” and were “under-qualified”.

I am not sure whether looked-after children would be categorised as vulnerable defendants in this system. I am sure that many of them would because they have additional problems, which arise from their trauma. I hope that this emphasises the point that vulnerable defendants—particularly vulnerable young defendants—need proper intermediaries to provide them with assistance in the courts.

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[Lord Phillips of Sudbury]

My Lords, I hope I will be forgiven if I contribute briefly to this debate because I have taken little part in it hitherto. However, I cannot resist rising to speak strongly in favour of Amendment 10.

I started my life in the legal profession traipsing around the magistrates’ courts of eastern England. For several years, I said to myself at the end of every day that there but for the grace of God would I have gone. We are an extraordinary race. We are so intelligent and forward-thinking in many ways, yet when it comes to penal affairs, we have an extraordinary ability to fail to see our own best interests. Today, we would all agree that community life is at a low ebb, and the weaker that the communities of this country are, the greater the likelihood of certain groups of young adults casting themselves adrift and offending against the mores of society, which, unfortunately, they often do.

We are in a society obsessed with money, celebrity and sex. There is a group of young men and women who think nothing of themselves and are thought nothing of. They have succeeded at nothing and failed at everything. Educationally, they are a failure. They have little prospects, little ambition, little self-esteem and no respect. It is this group who Amendment 10 seeks to help. Again and again, we allow our distaste for the behaviour of many of these young people to stand in the way of intelligent redress. It is in our self-interest to ensure that this amendment, or something like it, is passed and that Governments of all persuasions are required to do something specific about it. It is for those reasons that I strongly support Amendment 10.

[The Earl of Listowel]

My Lords, as we have heard, many of these women will, as children, have been abused in their own homes. A disproportionate number will have then entered the care system, and a disproportionate number of those will then have their children taken into care. A disproportionate number of the young people we have been discussing will have been abused in their homes when they were children and will have been taken into the care system. Although there have been improvements in that system, many will have experienced multiple foster placements—as many as 30, and some more than 30. They will often have experienced many changes in social worker.

I commend these amendments to the Government and I particularly commend the words of my noble friend Lord Ramsbotham when he said that what these young people need is a long-term, enduring and reliable relationship with a responsible adult. Again and again, reports into the care system identify that continuity and reliability is the key to improving outcomes for these young people. I hope that the Minister can give some encouraging response to these amendments, as I am sure that he will.