Legal Aid, Sentencing and Punishment of Offenders Bill

Lord Avebury Excerpts

Tuesday 7th February 2012 Lords Chamber

[Lord Carlile of Berriew]

My noble friend clearly did not understand what I was suggesting: that it is, to put it plainly, senseless to have something on the statute book nine years after it was enacted, with absolutely no intention of bringing it into force.

[Lord Avebury]

This is from 2008.

[Lord Carlile of Berriew]

No, this provision is from 2003 and it has not been brought into force for nine years. Is the right answer to this not to repeal the 2003 provision in question? If the Government then have some constructive suggestions for imposing imprisonment, if it be merited, on people who have been given a community sentence, why do we not start again with those provisions? In reality, my noble friend is not going to suggest for one moment that the Government will bring this redundant provision into force.

[Baroness Northover]

I assure my noble friend that in fact I understood him very clearly the first time. I asked, as this was introduced in 2003, changed in 2008 but not complete, why we would not seek to repeal it. However, I was told that the Government wish to retain this, in the possibility that it might be implemented—although with no intention of doing that at the moment. I fully support what he says about trying to rationalise legislation in all areas, and I worked very hard on the companies legislation, the first elements of which were finally rationalised relatively recently, after 100 years. I realise that these things can take a long time, but I take very much the point that legislation needs clarity. However, I hope that in this instance the noble Lord, Lord Ramsbotham, will understand what I am arguing here and be willing to withdraw his amendment.

[Lord Avebury]

May I ask my noble friend what may be a naive question? If the provision to which this is attached has not been brought into force but the Government require it to remain on the statute book in case it is necessary at some future date, why is the provision that we are discussing not also subject to a statutory instrument to bring it into force at the same time?

--- Later in debate ---

We have an epidemic of alcohol abuse in this country. We cannot carry on doing what we are doing. It just is not working. These amendments would allow a full pilot to take place in a small area. London wants to do that to discover how well it works or not, and to iron out any problems. These amendments are essential to allow that pilot to happen. I beg to move.

[Lord Avebury]

My Lords, anyone who has spent time in an accident and emergency department on a weekend evening will recognise the truth of what the noble Baroness has just said—that we face an epidemic of alcohol-related crime that is clogging up the A&E departments every weekend, with people being brought in with serious injuries sustained as a result of alcohol-related violence. I declare a personal interest, having been taken into St Thomas’s after suffering a burst colon as a result of being knocked off my bicycle in Millbank. It was on a Saturday night after a delayed reaction to the accident. I was taken in at 4.30 am and had to wait six hours before I received attention, and the whole of St Thomas’s A&E department was filled with people who had suffered alcohol-related injuries on the streets.

I echo the noble Baroness in saying that we have signally failed in attempting to find an effective way of dealing particularly with persistent offenders who commit their crimes under the influence of alcohol. London Councils has drawn our attention, as the noble Baroness said, to the fact that almost half all violent crime is fuelled by alcohol, and that each year more than a million alcohol-related hospital admissions occur—and that figure is increasing by 8 per cent per annum. The Home Office estimates that the cost of alcohol-related crime is somewhere around £10.5 billion a year, which does not even count the costs imposed on other departments such as health or justice.

These amendments therefore provide a new approach that has been tested and found to be highly effective in reducing serial alcohol-related offences of all kinds, including street violence, driving under the influence, domestic violence, burglary and theft.

In South Dakota, where the scheme was pioneered, alcohol-related motor vehicle fatalities were reduced by 60 per cent after the scheme had been in operation for five years. The system has now been extended to neighbouring states and will, I believe, be imminently tested in Strathclyde.

I was very impressed by the presentation given to some of your Lordships in a Committee Room upstairs by Professor Humphreys on the behavioural science associated with the Dakota system and why it works. The statistics certainly show that it is highly effective. The essence of the system is that the offender must sign up to total abstinence from alcohol and undergo regular testing to ensure that he adheres to the undertaking.

If the test is positive, that leads to a further confirmation test, and if that too is positive the breach leads to an immediate court appearance, which could mean a night spent in custody—it mandatorily leads to a night in custody in the case of South Dakota, whereas in the case of the London experiment, which is supported by all the London councils and the GLA, it means an extension of the alcohol monitoring requirement. In the South Dakota pilot, I understand that immediate 24-hour imprisonment was mandatory but, in the review of the proposal, the sentencing power of the courts in the proposed Greater London scheme is far more flexible. The case is overwhelming that we should try this experiment, and I very much hope that the Minister will accept the noble Baroness’s amendment.

[Baroness Jenkin of Kennington]

My Lords, it is a pleasure to speak to the amendments and to support the noble Baroness, Lady Finlay. To me, the points made by the two previous speakers are unanswerable. We know that we have a very serious problem with alcohol, and the current solutions are not working. Those problems are leading to enormous costs not just for stretched hospital and police services but for the health and well-being of those concerned. We heard about some of the London statistics, but I hope that your Lordships will forgive me for repeating them because they are so shocking.

In 2010-11, there were more than 1 million alcohol-related hospital admissions, and the figure is rising by about 78,000 each year. Alcohol accounts for an estimated 40 per cent of A&E attendances. London has the highest rate of alcohol-related crime in England. In 2010-11, there were 11.7 alcohol-related crimes recorded per 1,000 population, compared with 7.6 countrywide. Last year, the police alcohol-flagged offences for London showed 18,403 violence against the person offences, 3,612 criminal damage offences, and 2,136 theft and handling offences. London also had the highest rate of alcohol-related violent crimes and sexual offences, which is why the impact on violence against women has been incorporated within the proposal, initially for domestic violence.

It is not surprising that, as we have already heard, the proposals have the enthusiastic support of the Metropolitan Police and the mayor, who wish to trial the scheme. But what do the general public think about the proposals? ICM research conducted a survey on behalf of the GLA in November last year which showed that 69 per cent support the idea of the courts having the option of banning an offender from consuming alcohol if they have been found guilty of committing an alcohol-related offence. There is also support of nearly two-thirds for the courts having the option of banning someone who has been given bail from consuming alcohol.

Let us remember that these are not just statistics; they are real people.

I wish to make a few further comments as a family member, as a mother, on behalf of hundreds of thousands of anxious parents who spend sleepless nights waiting for a call from A&E or the police station, waiting for the door to slam, for the sound of stumbling up the stairs, for the retching in the bathroom, hoping not to see, the following morning, another black eye or more bruised knuckles.

The current measures fail. These proposals ensure three months of enforced sobriety and would provide a window of opportunity for reflection, for peace for the whole family unit to work together to help a young person to take responsibility for his or her—and we all know the shocking statistics now of how many “hers” are getting into trouble—own behaviour. These proposals would provide families with a lifeline to cling to at a time of enormous stress and strain in their lives.

I say to my noble friend that 69 per cent of the public support the proposals. The mayor is prepared to fund a pilot scheme and every London borough wishes to run that pilot. Members of your Lordships' House with tremendous expertise and experience support the proposals. I so hope that the Government are prepared to do so too.