Criminal Justice and Courts Bill

Lord Harris of Haringey Excerpts

Monday 21st July 2014 Lords Chamber

[Lord Carlile of Berriew (LD)]

Can my noble friend elucidate for those Liberal Democrats who are unaccustomed to taking part in plots organised by the Chief Whip of the Liberal Democrats—I claim to be one of them—and answer the question of the noble Lord, Lord Reid? Why is this issue not better dealt with by sentencing guidelines, which can be changed from time to time to meet the circumstances that the courts have to face on a regular basis, rather than by using this clumsy statutory provision, which is not in a fit form to enact in any event?

[Lord Harris of Haringey (Lab)]

My Lords, I have listened to this debate for the last hour and a half and was almost looking forward to the Minister’s response. Some serious issues have been raised during the course of this debate which deserve an answer on behalf of the Government. As I understand the position—and I have got more rather than less confused as the afternoon has worn on—we are about to have put before us the Motion than the clause should stand part of the Bill.

If we were to agree with the noble Lord, Lord Marks, we would presumably vote not content. Presumably, too, the Government and possibly the Opposition have whipped all the noble Lords here to vote content—that we want the clause. Therefore, before we vote on the matter, it is really important that some of the issues that have been raised are addressed by your Lordships’ House with the authority of the Government saying what their responses are.

For example, one point that exercises me is the question of why it is thought that this might have a deterrent effect on young boys who act largely on impulse. I appreciate that the Government do not want—or the Minister does not, on behalf of whatever entity he is speaking—to express a firm view. However, he could share with the House the research work that no doubt different government departments have conducted on what constitutes a deterrent effect on young men and whether the clause, as drafted, conceivably delivers such an effect.

[The Earl of Listowel]

My Lords, I apologise for prolonging this still further. Following the noble Lord, Lord Harris of Haringey, I was grateful to the Minister for his response but the concern about the criminalisation of young people in care is very serious. It is one of the two main agenda items for the new chair of the Youth Justice Board, the noble Lord, Lord McNally. He is very concerned particularly that so many young people from children’s homes enter the criminal justice system. It would be helpful as background to the Bill to have some warning as to what if any impact this clause, if accepted, would have on the number of young people from care coming into custody.