Police, Crime, Sentencing and Courts Bill

Lord Bach Excerpts

Report stage
Wednesday 12th January 2022 Lords Chamber

[Lord Macdonald of River Glaven (CB)]

My Lords, I do not regard the United Kingdom’s place at the top of the incarceration league table for western European countries as a badge of honour. It seems to me that this fact in itself calls for a broad strategic view of how sentencing is working in this country and why it is that we send so many more people to prison than other countries do.

One of the issues seems to be that criminal justice, particularly sentencing, has become a political football. A sort of auction has been going on between the main political parties over the last 20 years or so to discover who can present themselves as the toughest on this issue. I do not mean to minimise the effect of crime on victims or on society as a whole, but short sentences in particular are surely counterproductive. The best way to school a young man in crime and anti-social behaviour is to send him to prison for three or six months.

It seems to me that one of the great possible achievements of a royal commission would be to take some of the political sting out of this issue and to inject some rationality and even some science into it. I strongly support the amendment.

[Lord Bach (Lab)]

My Lords, may I ask the Minister a question? A few years ago, when I was a police and crime commissioner, it came across our desk a lot that it was government policy to have a royal commission on the criminal justice system. What has happened to that proposal? Is it still there? Is it still the Government’s hope to do that? If it was, I would be very much in support of it. If it is not, I very much support the amendment that the noble Lord, Lord Marks, has moved.

[Baroness Fox of Buckley (Non-Afl)]

My Lords, I have thought long and hard about this amendment, and I am still torn about it. The other evening, in that rather fractious discussion about trans prisoners in women’s prisons, the Minister rather took me up on my quotes from Twitter, as though I was using Twitter as hardcore evidence, which I was not. He made a valuable point, because he said that putting management and protection first was what was done, rather than following public opinion or what was on Twitter or anywhere else. I have some regard for that. In fact, I had made the same point to the Minister in relation to Harper’s law at the beginning of this Report stage, when I said that sentencing should not be a consequence of an outraged public reaction to something, a campaign or what have you. I would rather feel that sentencing was decided in the cold light of day, much more rationally, and so on. I worry about knee-jerk legislation.

I suppose I want to ask a couple of questions, of both the Minister and the mover of the amendment. Sentencing often seems subject to caricature on both sides. People are caricatured as bleeding-heart liberals who want everybody to be let out of prison, and anyone who is concerned about increasing sentencing is caricatured as “lock them up and throw away the key”. It seems to me that there needs to be some relationship between sentencing and the public and their views about it, but we do not want it to be arbitrary and reactive.

So, in that sense, I was very positive about the notion of a royal commission that could look at this in the round, take it away from the political world in some ways and allow, if you want, a more rational and considered public debate, as well as a commission looking at it in detail. That seemed to me to be a way forward.

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Moved by

[Lord Bach]

104FA: After Clause 172, insert the following new Clause—
“Police and crime commissioners: limit on age of disqualification for conviction
In section 66(3)(c) of the Police Reform and Social Responsibility Act 2011, after the first “offence” insert “committed after the age of 21”.”

[Lord Bach (Lab)]

My Lords, Amendment 104FA stands in my name of those of the noble Lord, Lord Pannick, and my noble friend Lord Hunt of Kings Heath. It is hard to think of two more respected, valued and experienced Members of the House, and I know that other noble Lords would be happy to have supported this amendment. I am very grateful to them. I thank the Minister for suggesting a meeting, which we had online yesterday; I am very grateful to him for it. I enjoyed our discussion, and it was particularly good that part of that discussion was with a senior civil servant who is advising him and who, many, many moons ago, advised me when I sat in his place.

In Committee, my amendment was slightly differently drafted, but the point remains a simple matter of principle. It is not of world-shattering interest, but it is still a matter of principle that all people of good will, including the Government, should support. The Bill in the House tonight is a legitimate and timely moment to put right a minor wrong. We should not waste that opportunity. Section 66 of the Police Reform and Social Responsibility Act 2011 makes it clear that if a person has at any stage in their life a conviction for any offence which, if they were over 18 at the time, could carry a sentence of imprisonment —whether or not it did carry one is irrelevant—that person will remain ineligible for the rest of their lives to stand as a police and crime commissioner: not just until the Rehabilitation of Offenders Act applies, or for five, 10, 15 or 20 years, but for their whole life.

In Committee, three case histories were given which I hope helped the Committee to feel that the present position is a nonsense. Two of those cases were given by me and one by the noble Lord, Lord Carlile of Berriew, to whom I was grateful. They showed how ridiculous, absurd and unique Section 66 is. There will be other cases that the House will not have heard of. Let me briefly repeat one of those examples. It concerns a boy aged 16 in 1972, and an old scooter. He and his friends visited a hospital. His mate handed him an old scooter helmet, which was apparently completely useless. He foolishly placed it in his family garage. He was charged with handling and fined £5. Since then, it goes without saying that he has never been in trouble. He has had a highly successful career in journalism. He has been head of a regional media outfit and worked for the NSPCC as a communications officer. In addition, he has been a TA soldier for many years and, indeed, was the company sergeant-major. He is a county councillor in his local area and is in his fourth term. He is also an ex-member of the local police authority that existed until the creation of police and crime commissioners. Now that there are PCCs, he is on the police and crime panel, which has authority to hold to account the local police and crime commissioner. One can imagine his surprise when, 40 years on, in 2012, the year of the first police and crime commissioner elections, he was told that he could not stand because of an offence he committed and a conviction he got when he was 16, in 1972. I suggest to the House that that is absurd.

I suppose it could be understood if anyone who had been convicted of such an offence at any stage in their life was considered ineligible to apply for the following jobs: Member of Parliament, councillor, lawyer, judge, Home Secretary, Prime Minister, archbishop—if the noble and right reverend Lord, Lord Sentamu, whom I warned that might mention in passing, will forgive me—or, even more extraordinarily, police officer. If people were prevented from doing those jobs throughout their lives merely because they had a conviction when they were 15 or 16, it would have at least some logic and sense to it, but that is not the position. Each of those important and responsible jobs is open to someone like the example I have given, who may have offended when they were a youngster but have since lived sensible, law-abiding lives. The position is quite rightly much more flexible for those others, so why on earth is it so strict for those who want to be a police and crime commissioner? There is no automatic bar for anybody else, so why should there be for this post? Is there something in the position of police and crime commissioner that is so remarkable —so close to heaven, perhaps I could say—that people must pass this incredible test and, if they fail it when they are 16, they fail it for life? The rigidity is absurd.

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[Lord Bach (Lab)]

I forgive the Minister anything. I was in his position many years ago when I had to defend the completely indefensible. All Governments do it; it is not an attack on this Government. Somehow there is a collective—I am going to use the word “idiocy”, which is perhaps too high, but collective mistakes are made. Individual Ministers know very well that something such as this should be got through easily and the matter of principle—the noble Baroness, Lady Fox, is right—can be put right and we can move on. But somehow, “The Government say no”.

I do not think any of the reasons so articulately put by the Minister really hold water at all to be honest, particularly the argument on the public being really offended by something such as this and losing what confidence they have—which I hope is high but may not always be—in police and crime commissioners. I do not honestly think the public would care a jot and, if they did, they would be surprised by how the law stood. I have to say that I do not find placing reliance on part 2 of the inquiry, and particularly on when legislation might come to this House again on this matter, very convincing.

We have a lot of important business to do tonight—I understand that. I am reluctant to withdraw, given the strength of feeling—and I want to thank everybody who has spoken in this debate; very distinguished Members of this House have spoken, and I am really very grateful to them. However, in the circumstances, while inviting the Minister to take this issue back to the Home Office again and to show other Ministers and officials what was said tonight in Hansard, I hope that it may move the Government to do the right thing on this before very long. I beg leave to withdraw my amendment.

Amendment 104FA withdrawn.