Police, Crime, Sentencing and Courts Bill

Lord Hodgson of Astley Abbotts Excerpts

Report stage
Wednesday 12th January 2022 Lords Chamber

[Lord Cormack (Con)]

My Lords, I made a very brief reference to restorative justice in one of our debates on Monday. I am glad to have an opportunity to comment briefly on the amendment just moved by the noble Baroness, Lady Meacher. I agree with her wholeheartedly. We should always do everything we can to keep people out of prison; to repeat myself from Monday, although sending people to prison is the punishment and the aim is rehabilitation, it does not always work like that. I know that from experience in my former constituency, which had a very large prison—Featherstone—and a young offender institution at Brinsford just a mile or so away. I believe a lot of the young people in Brinsford would have benefited enormously by not going to prison and would have benefited from restorative justice.

I became totally convinced in this view when I had the privilege to be the chairman of the Northern Ireland Affairs Committee for the last of my Parliaments in the other place, 2005 to 2010. I saw at first hand the effect of restorative justice in Northern Ireland, and a lot of young people who would perhaps have gone on to a long life of crime were rehabilitated and came to terms with their victims. As the noble Baroness said, there has to be agreement from both sides, as it were, but it was wholly beneficial in a vast number of cases.

Following the White Paper to which the noble Baroness, Lady Meacher, referred, it seems very strange indeed that there is no provision or recognition in the fairly massive Bill before us. One of my criticisms of the Bill is that it is too long. It should be three Bills rather than one—but that is another story and we have touched on that in the past. But although the noble Baroness, Lady Meacher, said that she will not press this to a Division—I do not dissent from her on that—I hope nevertheless that my noble friend the Minister will be able to make some favourable and encouraging comments about the importance of restorative justice and its place in the criminal justice system.

[Lord Hodgson of Astley Abbotts (Con)]

My Lords, I intervene to express my support for this modest but worthwhile amendment and, like my noble friend Lord Cormack, to urge my noble friend the Minister to give a sympathetic response when he winds up in a moment or two.

I have had an interest in RJ—restorative justice—for a number of years. In particular, I have followed the work of Why Me?, which has briefed us on the debate this afternoon. My noble friend the Minister will be aware of my concern, which I know is shared across the House, about the levels of reoffending, which seem a reproach to us all: a moral reproach, a societal reproach, a financial reproach—you name it. This high rate of reoffending is not a new problem; it has bedevilled our society and our prison system for many years.

It is said that the definition of stupidity is doing the same thing over and over again and expecting different results. That seems to be one of the positions we have got to with regard to trying new ideas which may—maybe at the margin—help cut the underlying reoffending rate. I am sure we need to try a new approach, or new approaches. To use the cricketing analogy, if I may, in light of the results of the test match in Australia, we need to change the bowling—

[A noble Lord]

It is the batting.

[Lord Hodgson of Astley Abbotts (Con)]

Well, shall we change them both? I think changing the batting is a fair comment.

My noble friend and I have had one go round on reoffending over the bunching of Friday prisoners, and we now have a situation where three-sevenths of all prisoners released come out on a Friday, with all the problems of the weekend. We discussed this at some length. It was a cost-free option being put forward from across the House, but my noble friend could not accept it—though he has offered us, and has committed to, a consultation process as part of the prisons White Paper. But we are therefore in a holding pattern now for two or three years, doing the same thing over and over again and expecting different results, because it will be two or three years before we can find a place in a Bill for that measure.

With Amendment 103 on RJ, we have a chance to change the batting and try a different approach. I absolutely accept and I agree with the noble Baroness, Lady Meacher, that it is not a silver bullet. It is not, by any manner of means, cost-free, because it requires very careful handling by trained staff and, as she said, it works only where both parties, particularly the perpetrator, have a moral commitment to making it work. Obviously, there are also touchy-feely aspects, which can be ridiculed in the media.

However, as the noble Baroness said, where it works, its results are remarkable, and remarkable in one unique sense. The victim can begin to understand how they found themselves in this difficult position when they see how the life chances of the perpetrator were so badly damaged. One of the problems in crime is that the victim finds that their life is ruined, but this can enable them to mend their life because they see that the perpetrator has had poor life chances and is now wishing to make amends.

--- Later in debate ---

[Lord Judge (CB)]

My Lords, I put my name to this amendment because it raises some important and delicate issues. I follow the noble Lord in asking: can we please have a date? Can we at least be told that somebody is considering the position of the College of Policing? As he said, it is a company under the control of the Secretary of State with no statutory basis.

There is no problem with the College of Policing issuing guidance to police officers about how police officers should go about their responsibilities, as that is what it is there for. However, the college, a non-statutory body, is being required or invited by the schedule to this Bill—we are not going to look at that now, because it is too late and we all want to go home and there is a lot more business to come—to issue guidance which will impact on bail decisions. Bail is a question of liberty; it will impact on that. We are told not to worry because there is no liability one way or the other for not following the guidance, but we are also told that a court considering an issue such as this may take into account whether the guidance issued by the College of Policing on this issue has been followed. My point is very simple and very small compared to the major issue raised by the noble Lord, Lord Blencathra. It is: should instructions or guidance issued by the College of Policing have any impact whatever on a decision made by a court that a citizen should or should not be granted bail?

[Lord Hodgson of Astley Abbotts (Con)]

My Lords, I support my noble friend Lord Blencathra. He and I have been chasing down issues with secondary and, tonight, tertiary legislation for some months and have produced reports to that effect that I think have found favour in your Lordships’ House, bearing mind the number of noble Lords who wished to speak in the debate tabled by the noble Baroness, Lady Cavendish, last Thursday.

Government by Diktat, the title of a report by the Secondary Legislation Scrutiny Committee, which I chair, is alive and well and living with the situation that my noble friend wishes to remedy. The issues of regulation and guidance, of who provides the guidance and of how enforceable it is are questions with which the SLSC has been struggling. However, if we have been struggling with that, when it comes to this latest idea the guidance will not even touch the sides of the regulatory process of your Lordships’ House. We as a House will be presented with a series of faits accomplish, and unless somebody is able to persuade the usual channels to find time to debate something, we will just be told, “There it is and off we go”.

That is not a satisfactory situation. It is part of a much wider issue of how we deal with secondary and, in this case, tertiary legislation, but my noble friend Lord Blencathra has done a valuable service by bringing this case to the surface. We will make progress in this area only if every time we see this sort of thing emerging we raise it, talk about it and try to deal with it. That is why I support the amendment and put my name to it.

[Lord Paddick (LD)]

My Lords, as the noble Lord, Lord Blencathra, said, in December 2011 the then Home Secretary announced the establishment of the College of Policing and the Government said that as soon as parliamentary time allowed, the College of Policing would be established as a statutory body, independent of government.

Now it is 10 years later. In addition to supporting what other noble Lords have said, I say that the College of Policing being a limited company undermines its credibility, which is not strong among operational police officers in any event. There is an anti-intellectual culture in the police service and the very name gets operational cops’ backs up. To then see documentation that the college produces marked as copyright of the College of Policing Ltd, an organisation headed by someone called a chief executive rather than a chief constable, further undermines its status and credibility in the eyes of operational police officers.

For these reasons, we support bringing forward legislation this calendar year that would go further than re-establishing the professional body for policing under an Act of Parliament. The college should be renamed and the head of the organisation should have the title “Chief Constable”.