Big Society

Lord Patel of Bradford Excerpts

Wednesday 2nd November 2011 Lords Chamber

[Lord Patel of Bradford]

My Lords, I greatly welcome this timely debate and add my thanks to my noble friend Lord Ponsonby for having secured it. I should declare that I am the honorary president of the Bradford Court Chaplaincy Service, which is, in my opinion, an excellent example of a court service involved in the big society, and I shall talk more about this unique service in a few minutes.

This is a very timely debate because, as noble Lords are aware, the Constitution Committee of this House is currently hearing evidence on the judicial appointments process. I understand that there has already been much discussion about the importance of diversity in this process and about how it makes our judiciary not only more representative of the broader population it services but ensures that the integrity and authority of the courts are sustained. This is also a very important issue with respect to the big society.

I am not a great fan of the term “the big society” as I am still far from clear that it actually means what it professes to mean. It sounds like the sort of thing that we are all involved in and suggests a model for society that is based on inclusion, but I do not see many plans for increasing inclusion. In fact, we are in grave danger of seeing a far less inclusive society as we continue to witness the retraction of the voluntary sector and restrictions in access to education. However, let us leave the political divisions aside for now and accept the big society for what it should be: a fair society, based on transparency and accountability in which everyone feels they have a chance and a stake.

On such a definition the role of the magistracy can be seen to be vital. What is the magistracy? Well, most magistrates are, of course, justices of the peace, like my noble friend, who act on a voluntary basis to administer the law in our lower courts, and they do this with the authority of being highly respected members of their communities. Can a single magistrate represent all of the local community? Of course not, and we should not expect them to, but in terms of the big society and inclusion, we should expect the magistracy as a whole to be accessible to all and not limited in how we regard respect.

Just as the big society is remarkably diverse, we need also to see a magistracy as a whole that is diverse. We should be accustomed to seeing more women and people with disabilities, more lesbian, gay, bisexual and transgender magistrates, more black and minority ethnic magistrates as well as those who are younger, older, of all faiths or none, married, single or in a civil partnership and, of course, wealthy or poor.

If it is the administration of justice that we are speaking about, then we should ensure that there is also a justice of administration: a justice that reaches out to those who are excluded and actively brings them into the process and a justice that recognises that no single group can expect to make judgments in the interests of the community if it is not rooted in the community that it presides over. That is the real basis of respect and it is something that must be tangible.

I mentioned that I am fortunate to be the honorary president of the Bradford Court Chaplaincy Service, and I want to end by talking a little about that service because it says a lot to me about the place of a modern court service in the big society. The Bradford Court Chaplaincy Service was established as a charity in 2008 with the aim of providing a multifaith chaplaincy service to all court users, including people of faith or with no faith, irrespective of race, culture, creed, special needs or sexual orientation. It is a truly inclusive service working as an integral part of the court and providing vital support, without prejudice, at what is often the most stressful period in someone's life.

The service was founded by a former chair of the Bradford magistrates’ Bench, Mary Carroll, together with four of her colleagues on the Bench, working together with local hospital chaplains and community members. This is very important because it was an initiative that really came from the local community, first through the wisdom and foresight of the JPs and secondly through the involvement of other local community members. It was also supported at the time by the then Lord Chancellor, my noble and learned friend Lord Falconer, which shows how much government has a role in supporting the big society. It really is the big society at work. Currently, the service has two part-time chaplains, one Muslim and one Christian, and around 40 volunteers who come from all walks of life in the local communities. They work mainly with defendants, many of whom are unrepresented and often very vulnerable. They also provide a service for all the staff of the court services. They provide 10 sessions in the magistrates’ and coroner’s court and nine sessions at the Crown Court every week. Last year, the service saw approximately 1,400 people.

The volunteers and the dedication they demonstrate do not just happen; a service like this needs a great deal of support, time and resources. The big society cannot mean that everything is voluntary. Such an approach would not thrive as the court chaplaincy service demonstrates. The volunteers are supported by the part-time chaplains, who provide daily guidance, advice, training, ongoing mentoring and supervision. This ensures that the volunteers can get on to do what they do with confidence and skill and, of course, that confidence in the service provided by having a professional structure passes to those who use the service and those who refer people to it. That to me is the key to a successful big society approach in our magistracy combining the power of volunteers who come directly from the full range of local communities with the support of professionals and the wider structures of the courts and other partners.

It is too soon to judge the full impact of this service, but I have no doubt that in time it will also become an important vehicle by which a more diverse magistracy is drawn from the local community. When we see this kind of initiative replicated across the country, then we will have a big society. For example, among many of its achievements, one of the most distinct and valuable aspects of the service is its contribution to community cohesion. By placing the focus of the service on chaplaincy and creating a truly multicultural service, the Bradford Court Chaplaincy Service has made cohesion a reality. This is a service that can work across the communities of faith in Bradford and with non-believers alike. The volunteers command a range of languages and dialects, cultural backgrounds and understanding and with all this bring a unique perspective on diversity into the courts. I cannot think of many examples of statutory services that have such an eclectic and diverse make-up of staff. So I hold this service up as an example for noble Lords in thinking about these issues, an example that I hope I have demonstrated captures the true essence of what the big society means and how the magistracy can play a significant role in its development and realisation.