Hillsborough Families Report: Government Response

Lord Ponsonby of Shulbrede Excerpts

Wednesday 6th December 2023 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I open by thanking the noble and learned Lord for repeating the Statement. I open also by recalling that one of my oldest friend’s brothers was killed at Hillsborough and my friend took part in the inquiry. The name Hillsborough stands to this day as an indictment of institutions, individuals and a culture in which transparency and accountability were absent. The events of 15 April 1989 have continued to send shockwaves through our courts, to the continuing pain of the families concerned. To say that justice delayed is justice denied would be an understatement in this context. It has now been 34 years since the fateful day. I too pay tribute to Bishop James Jones, the many campaigners inside and outside Parliament, and particularly to a number of current and former MPs who have campaigned tirelessly to establish the truth. Of course, I want to pay tribute also to the bereaved families themselves, who have achieved so much through this process.

The purpose of the Government’s response must be centred on the experience of the families, just as Bishop Jones’s report was, to ensure that their suffering is remembered and never repeated. It is the commitment of the Labour Party that we will work to ensure that the Government’s proposals deliver justice with real meaning. We welcome the commitment to consult on expanding legal aid for families bereaved through public disaster, but there is nothing in what we have seen from the Government to date to suggest that they will go as far as is needed on requiring public authorities to act with candour and transparency.

To the public, a duty on all public bodies to be forthcoming with the truth is a basic requirement if justice is to be done in the wake of events that scar communities and change lives forever. The Hillsborough Law Now campaign, which, as the Government know, includes bereaved families who are still fighting for accountability 34 years later, has said that without an effective duty of candour in place, the risk is that reform will simply add another layer of bureaucracy to what victims have already experienced. For this very reason, more than a year ago the leader of the Opposition committed to a Hillsborough law that would, first and foremost, impose a legal duty on public institutions, public servants and officials to act in the public interest and with transparency, candour and frankness when there has been a major incident. The Labour Party sought to amend the Victims and Prisoners Bill to introduce this duty of candour during its passage through the House of Commons. This was rejected by the Government, but we will revisit this issue when the Bill passes through our House.

This issue is above party politics, but we believe that the Government’s requirement for a code of ethics or charter does not go far enough. We welcome the commitment to a standing or permanent independent public advocate, but we believe the duty of candour is a vital additional piece of protection for victims’ families. There may be further disasters—maybe I should say that there will be further disasters—perhaps on the scale of Hillsborough. If there is to be one legacy from this whole sorry tale, let it be that bereaved families from disasters of the future are never treated like the families of the Hillsborough victims.

[Lord Addington (LD)]

My Lords, I thank the Minister for repeating the Statement. This was one occasion when it was actually needed. Can he convey my thanks to those on the Government Front Bench for making sure that happened? I think it was appropriate on this occasion.

We have had a response that says many good things, but there is a network of codes, charters and advocates going through—other bits of law. Anybody who has ever done campaigning work knows that if you are trying to get a good result, the gaps between those codes, charters and bits of legislation are where people catch their feet, where they are slowed down, where they fall. One law, where you know what you are dealing with, has to be easier to navigate. It is not for an experienced lawyer to turn around and say, “Oh, but it’s quite simple: all you do is this, that and the next thing”.

Many of the changes here are welcome. For instance, the equality of arms—the fact that government-backed bodies cannot simply throw limitless money against somebody who is trying to hold them to account, and that they will instead be supported—is something that we can welcome. But it would be easier if we had a law. That is why my Benches, along with those of the Labour Party, are in favour of having one, single unit. You have to draft it correctly, and there is always that problem, but it would give you a chance to get through and make sure you get the right result, so that somebody campaigning from the outside understands what they are doing. That is something we might have lost here. We have an experienced bunch of people who have been fighting for a long time to get through. There is a great deal of expertise in this lobby. Think of them when they started—how intimidated they were and how easy it would have been for them to be scared off by just the edifice of law, because that happens.

I would hope that the public advocate or somebody else will have that duty of explanation. Where is that in these codes and charters? Where is that ability to explain the law to somebody and make sure they understand? The noble and learned Lord nods his head. If we hear good news on this, we will have achieved something. How do we make sure people know how to apply what the Government have done? Because many good schemes, by Governments of all colours, have fallen down because of that. As I look around this Chamber, everybody here can probably think of an example. Can we find out what is happening there?

Also, will we continue to have access to some of the things that were used as trigger points for this action, such as the Human Rights Act and the European Convention on Human Rights? If they are removed in some change, will something else act as a trigger point for being able to act, through this apparently seamless bit of crazy paving, to enable people to make a challenge when something has gone wrong? That is an important point: how does it work, who will guide you through it? If it is not one straight road, who will guide you through the twisting paths so you can mount a challenge when something has gone wrong? That is something we need to hear soon because, if that is not clear, some of the good work that has gone on here could well be wasted.

King’s Speech

Lord Ponsonby of Shulbrede Excerpts

Wednesday 8th November 2023 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I would like to open by saying how sorry I am to hear of the death of the noble and learned Lord, Lord Judge. He was personally very kind to me, and I know he was very kind to many other Members of this House.

I also welcome our three maiden speakers to today’s debate: the noble and learned Lord, Lord Burnett of Maldon, and the noble Lords, Lord Houchen of High Leven and Lord Bailey of Paddington. Of course, the noble and learned Lord, Lord Burnett, has reached the very pinnacle of the judiciary in England and Wales, but I have to say that I feel more affinity with the noble Lord, Lord Bailey of Paddington, as we share an interest in youth justice. I very much look forward to his contributions to this House on that subject.

Yesterday, my noble friend Lady Smith moved the Motion to adjourn the debate on the gracious Speech. It was a good-humoured speech by convention, but also because of her temperament. Nevertheless, my noble friend expressed her frustration with the lack of ambition expressed in the gracious Speech. She said:

“For a country to thrive requires good governance, with competence, optimism, confidence and vision”.—[Official Report, 7/11/23; col. 11.]


She then went on to analyse the gracious Speech against those criteria. I want to do the same, while directing my comments towards justice and home affairs. My noble friend Lady Taylor will comment on the devolution and union aspects of this debate.

I will be judging the proposals against good governance, competence, optimism, confidence and vision. After 13 years of Tory Government, over 90% of crimes are going unsolved, meaning that criminals are less than half as likely to be caught now compared with under the last Labour Government. More criminals are being let off and far more victims are being let down. When the Government claim that overall crime is going down, that excludes fraud and computer misuse. Computers, of course, play an ever-greater part in all our lives.

Stronger sentences for rape and child sexual abuse and tougher powers to retrieve stolen items are welcome. But they mean little when only 2% of accused rapists receive a court summons, two-thirds of child abuse cases are closed due to evidential difficulties, and arrests for theft are down 40% on just a few years ago. Recorded serious violence is up by 60% since 2015. Knife crime, gun crime and robbery have all increased, with over 50,000 knife crimes this past year alone and a 70% rise in recorded knife crime since 2015. But there was no mention of tackling this in the King’s Speech.

Under the Tories, shoplifting has reached record levels, driven by organised criminal gangs, with a 25% surge in recorded crime over the last 12 months alone. But the Tories’ shoplifting charter means that offences under £200 are rarely enforced and town centre police patrols have been cut, as there are still 10,000 fewer neighbourhood police officers than in 2015. There was nothing in the King’s Speech to turn things around.

Near record numbers of victims are dropping out of criminal proceedings—1.6 million last year alone. Record numbers of crimes are being dropped due to no suspect being identified—2.3 million last year. The proportion of crimes charged has dropped by 60% since 2015, and the average time it takes for a crime to be charged has trebled since 2016, from 14 to 42 days. Regarding victims, I look forward to the speech from the noble Baroness, Lady Newlove, and to working with her and other colleagues on the forthcoming Bill.

So, what will Labour do? We will put 13,000 more officers and PCSOs on our streets, with guaranteed town centre patrols, and give every community a named officer they can get in touch with. We will reverse the Government’s decision to downgrade the response to shoplifting under £200, which will make it easier to take action against repeat offenders. We will also create a specific new offence of assault against retail workers. Our ambition is to halve violence against women and girls after the next election. We will put domestic abuse specialists in police control rooms and set up dedicated courts for rape trials.

We will get tough with those who blight our towns, with new powers to ban repeat anti-social behaviour in town centres and stamp out public drinking and drug use. Over the summer period, I travelled to the United States and visited Portland, in Oregon, and Seattle, in Washington state. The level of public drug use and homelessness, and the lack of medical care for homeless people, was truly shocking. I have never seen anything remotely like that in London or other British towns and cities. But the message I took from that trip is that things could get worse here if we do not provide homes and medical treatment for the homeless, and action to stamp out public drinking and, in particular, drug use.

Turning to asylum and migration, the Prime Minister promised to stop the boats, yet the asylum backlog has surged to a record high of 175,000, and 33,742 people have come across in 708 small boats since he has been in power. Spending on hotels has reached £8 million a day, and convictions of people smugglers are 30% lower than under the last Labour Government. During the passage of the Illegal Migration Act, the Government voted against amendments proposing tougher action on criminal gangs. Already, £140 million has been sent to Rwanda to fund an extortionate deal that is currently stuck in the courts and is likely to be ineffective.

The Labour Party would crack down on criminal smuggler gangs through a new cross-border police unit and deeper security co-operation with our European friends; end hotel use, clear the asylum backlog and speed up returns to safe countries; reform resettlement routes to stop people being exploited by gangs; reach new agreements with France and other countries on returns and family reunion; and tackle humanitarian crises at their source by helping refugees in their regions.

I return to my noble friend’s tests of how our country can thrive: good governance, competence, optimism, confidence and vision. The record on good governance and competence speaks for itself. The degradation of our criminal justice system has led to a lack of trust that undermines our communities and fails my noble friend’s tests. But what of optimism, confidence and vision? Where are they? Where are the optimism, confidence and vision for our Probation Service, which is surely at the heart of any strategy to contain our ever-growing prison population? Where are the optimism, confidence and vision for our courts service, with victims, witnesses and defendants too often feeling poorly served and lacking confidence that justice will be done in a timely manner? Where are the optimism, confidence and vision for our Prison Service, as we lurch from one predicted crisis to another, and the core purposes of security, rehabilitation and protection of the public are barely met? No, the party opposite has failed my noble friend’s tests. But we on these Benches will scrutinise the Bills to the best of our abilities while we wait for the election to come.

Criminal Justice Act 2003 (Removal of Prisoners for Deportation) Order 2023

Lord Ponsonby of Shulbrede Excerpts

Thursday 26th October 2023 Lords Chamber

While I support this Motion for what it can do, I worry that it is not sufficient. I know that the Government are doing other things too, but without addressing the sentencing aspect in those cases where it should be addressed, it will not have the effect we desire.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, we in the Opposition support this order. It is sensible, and it is one element in a raft of measures recently announced by the Lord Chancellor. It is designed to address the overcrowding crisis in our prisons.

I thank the Minister for his recent letter, which I received yesterday, which stated that, as a result of extending the early removal scheme from 12 months to 18 months, around 300 more foreign national offenders will be brought into the early removal scheme window at any one time, as he explained in his introduction. We look forward to seeing the other measures proposed by the Lord Chancellor being brought forward through new primary and secondary legislation.

However, this crisis was predicted by the National Audit Office, the Justice Committee and the Chief Inspector of Prisons, and I am sure that HMPPS has been well aware of this impending crisis for many years. Though the crisis was predicted, the proposed changes, including this one, were neither planned nor consulted on.

As the noble Lord, Lord Dholakia, said, 20,000 new prison places were promised by the Government for the mid-2020s. This target will not be met, and the Government have had to revise their timetable on several occasions. Three proposed new prisons are stuck in the planning system, and there is growing scepticism that the Government will be able to meet their revised timetable.

In some establishments, prisoners are locked up for up to 22 hours a day, and prisons are so understaffed that many of the activities so important to rehabilitation are simply not happening, such as trips to classrooms for education, to the library, or other activities, all of which aid rehabilitation. Of course, for some prisoners, these activities are a condition of their eventual release. The tragedy of the situation is that we are now seeing reoffending rates increasing: 25% of male former prisoners will reoffend within one year of their release.

I turn to today’s order to extend the early removal scheme. After 13 years of Conservative rule, the number of removals of foreign national offenders has dropped by 40%. The Government may point to Covid, but in 2022 the Government were removing around half the number of foreign national offenders that they were pre-Covid.

In the other place, my honourable friend Ms Cadbury quoted a prison governor who warned:

“I expect it will require significant numbers of new Home Office staff for this initiative to be effective”.


We understand that the Home Office already faces problems with staffing. How many additional staff will be needed to put this proposal into effect?

In last week’s Statement and in this statutory instrument’s Explanatory Memorandum, there is no clear information about the estimated costs, including those of any legal challenges to deportations.

An incoming Labour Government would recruit an additional 1,000 Home Office caseworkers to reverse the drop in removals that we have seen since the party opposite came to power in 2010. It would create a returns unit to triage and fast-track the removal of those people with no right to be here.

I do not think I am breaking a confidence when I say that last week I had a brief discussion with the noble and learned Lord, Lord Bellamy, and my noble and learned friend Lord Falconer of Thoroton about last week’s Statement. The noble and learned Lord, Lord Bellamy, fairly pointed out that the Statement was similar to that of the noble and learned Lord, Lord Falconer, when he was Lord Chancellor in 2007. While the details of the proposals are different, the overriding objective of creating some headroom in the prison estate is the same. Of course, in 2007 there were about 80,000 prisoners and now there are about 88,000.

The point that my noble and learned friend Lord Falconer made is worth repeating. He said that, notwithstanding the temporary benefits of the proposals made by the Statement, overall prison numbers will continue to go up. That is for a variety of reasons, including the lengthening of some prison sentences. I hope the noble Lord thinks it fair for me to recount that brief conversation.

It is in the light of that that I will comment on Sir Bob Neill’s speech in the other place. The gist of it was that, while he supported the Government, he was sceptical about the ever-increasing length of prison sentences. He said that, while prisoners have done wrong and need a degree of punishment, ever-increasing sentences are not the answer. He went on to say:

“We have to use prisons sensibly, and be honest about the fact that a degree of rationing is required”. [Official Report, Commons, 24/10/23; col. 774.]


I think the noble Lord, Lord Hogan-Howe, was making the same point in his intervention just now. What evidence is there that ever-increasing sentences reduce crime and reoffending? In my experience, Ministers point to public demand for ever-lengthier sentences and not the evidence of their benefit in reducing crime and reoffending.

At yesterday’s Secondary Legislation Scrutiny Committee meeting the noble and learned Lord, Lord Thomas of Cwmgiedd, questioned a policy which could be characterised as foreign prisoners potentially getting less time in prison in order to ensure that UK prisoners can continue to be sent to prison. The noble Lord, Lord Russell, mentioned other questions that came out of that scrutiny committee meeting, namely which nationalities are most likely to be impacted by this change in the regulations. He suggested it might be Romanian and Albanian prisoners. Of course, we have good relations with both those countries, and I hope the Minister will be able to say that we have well-established lines of communication for discussing that question and the impact of any increased number of removals.

In the light of the concerns raised by the scrutiny committee, can the Minister reassure me that sexual and violent offenders will not be allowed to be freed to their home country up to 18 months early? This may—I think it would—worry the victims of those offenders. They need reassurance, which I hope the Minister can give, that this will not be the case for those particular categories of offenders. I also hope the Minister can also reassure us that this scheme excludes those convicted of terrorist offences.

In conclusion, we in the Opposition support this order. It is, in a sense, an admission of failure by the Government. This is a predicted and avoidable failure. Nevertheless, for this scheme to work, to achieve the extra 300 removals foreseen, it will need to be adequately resourced and have the laser-like focus of the Ministers concerned.

[Lord Bellamy (Con)]

My Lords, I thank all noble Lords for their interventions on the matter of this order. A number of very wide-ranging points have been made. I thank particularly the noble Lord, Lord Dholakia, for his comments on sentencing more generally, and indeed the noble Lord, Lord Hogan-Howe, and just now by the noble Lord, Lord Ponsonby, for their points on where sentencing is going in general terms. It is a very important general question, which the Government are keeping under review and which I am sure public opinion will discuss. But I think today is not the time to go into detailed discussion of sentencing policy.

As far as the prison estate is concerned, we hope that the package of measures that the Lord Chancellor announced the other day, including a presumption against shorter sentences, will over time progressively reduce those pressures. It is fair to point out, as the noble Lord, Lord Ponsonby, has just mentioned, that every Government for the last 15 years or so has faced these pressures. They have been extremely difficult to deal with, particularly in the recent past because of the sharp increase in remand prisoners and severe difficulties in the planning process—but for which we would be in a very much stronger position. None the less, the Government are keeping the matter under close review.

As regards the points made by the noble Lord, Lord Russell of Liverpool, I hope that, when this league table becomes known, the ministry for which I am responsible manages to keep at the bottom of the table. It is the sort of table one wants to stay at the bottom of, rather than at the top, unlike most league tables. In relation to the specific point made about arrangements with Albania, Romania and other countries, I will, if I may, write to the noble Lord setting out the position, which is affected not only by the early release scheme but by reciprocal prisoner transfer agreements to take each other’s washing in, if I may put it loosely and inappropriately.

Respectfully, as regards the comments of the noble Lord, Lord Hogan-Howe, my understanding is that those removed are not allowed to come back. There are rearrested if they do, and if they are caught they have to serve the whole of their sentence, so there is a very considerable risk there. In relation to the number of Home Office staff needed, I cannot say. It is a matter for the Home Office how many staff it will need in precise terms. I am assured that it is recruiting the staff it considers necessary, and if I have further information that I am able to supply, I will write to the noble Lord, Lord Ponsonby, appropriately. I note the estimate put forward by the Labour Government—if there were ever to be one, which remains a totally hypothetical possibility at this stage.

In relation to prisoners who do not qualify for this, and that the reassurance the noble Lord, Lord Ponsonby, asked for, the scheme certainly does not apply to terrorists. I anticipate that it does not apply to serious sexual offenders and violent offenders, whose release under the scheme would not be appropriate. Again, I will confirm the exact position in writing so that I do not misrepresent the position while I am on my feet at the Dispatch Box.

I hope I have covered, albeit very briefly, the wide-ranging points that have been made and I commend the order.

European Court of Human Rights

Lord Ponsonby of Shulbrede Excerpts

Wednesday 25th October 2023 Lords Chamber

[Lord Bellamy (Con)]

I entirely accept that dialogue is important. We have a very productive dialogue with the European Court of Human Rights. It has touched recently on the important question of Rule 39, and it has been a very constructive dialogue which I hope will continue.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, the noble Lord, Lord Jackson, asked a question about France and how it is seeking to rebalance its relationship. I listened very carefully to the noble and learned Lord’s answer to my noble friend’s Question. He talked about an up-to-date human rights framework and went on to describe the now rejected Bill of Rights as a rebalancing of rights. Are these hints that we might see some legislation in the forthcoming King’s Speech seeking to rebalance those rights?

Prison Capacity

Lord Ponsonby of Shulbrede Excerpts

Tuesday 17th October 2023 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

I thank the noble and learned Lord for repeating yesterday’s Statement. In broad terms, the Government aspire to increase the time spent in prison for some serious offenders and to reduce the chances of a prison sentence for less serious offenders. The Lord Chancellor put forward this package of proposals to address the immediate and entirely predicted crisis in our prison estate; it is full because of the mismanagement of the current Government over their whole period in office.

The Government’s mismanagement goes beyond the prison estate to the Probation Service. There has been a substantial decline in courts sentencing with community and suspended sentence orders over the past 10 years: they have halved in 10 years, and that is because of sentencers’ lack of trust in the robustness of community orders. We in the Labour Party support an increased use of community orders, but they require experienced probation staff in post, properly organised, with challenging community work and genuine community rehabilitation initiatives for them to work effectively.

The Government’s approach to the Probation Service has had a direct impact on the crisis and the overcrowding in the prison estate. We support the use of more sophisticated tagging, GPS and other more specialised tags, but they are no better than the experience and professionalism of the people and organisations that manage and monitor them. Can the Minister assure me that the Probation Service will form an integral partner in the monitoring and assessment of the effectiveness of tags?

Talking as a magistrate and sentencer, I can tell the noble and learned Lord that I very rarely sentence an offender of previous good character to prison. Far more often, the offender has a history of community sentences that have failed for one reason or another; therefore, the sentencer feels that there is no choice but to give a custodial sentence, sometimes a relatively short one, to mark both the seriousness of the offence and the lack of impact of previous community orders. Therefore, I fear the changes proposed by the Lord Chancellor will have relatively little impact.

On Thursday, I will be speaking at the conference of the National Association of Probation Officers, which represents the profession which has been under siege by the current Government. Will the Minister explain how the proposals in this Statement will rebuild the Probation Service so that pressure can be taken off the prison estate?

There has been much comment in the press in recent days about the advice to judges to delay sentences to mitigate prison overcrowding. My understanding is that this applies to Crown Court cases where an offender has been found guilty or pleaded guilty and has been given bail by the judge pending a sentencing report from probation. My question to the Minister is how long this delay is going to be. Will it be weeks or months? The Lord Chancellor has said it will apply only to less serious offenders, but we are dealing with Crown Court matters and these, by their very nature, are more serious. What guarantee can the Minister give that no sexual offenders or violent offenders will be walking our streets as a result of this delay? Will victims of these offenders be informed of the delay to sentencing?

I now turn to the Government’s programme to build new prisons. HMP Five Wells came on stream last year, and a second new prison is expected to come on stream relatively soon. When might we expect it to be active? A further three new prisons are stuck in the planning process: when might these other three prisons expect to come on stream? Multiple timetables have been published: where are we in this process?

On top of this, HMPPS is adding portakabins to the existing prison estate. I understand these are actually quite popular with prisoners because they have en suite facilities, but they add complexity and manpower requirements to the prison officers required to run the prison. How much will these portakabins mitigate the capacity issue in our prison estate?

We are also being told that the Lord Chancellor is looking at renting overseas prison capacity to mitigate the current crisis. How much will this cost, and how will this contribute to offender rehabilitation, where contact with family and friends is seen as being of primary importance to reduce the chances of reoffending on release?

On the deportation of foreign national offenders, last year the Government managed to deport 2,958 foreign national offenders. This is less than a third of the total number in our prisons and around half the annual number before the Covid pandemic. Why should the public believe the Government when they claim they can get a grip on the number of foreign national offenders in our prisons, when they have failed to do so until now? What difference will bringing forward deportation of foreign national offenders by six months make to the prison population, and by when?

I now turn to extradition. Earlier this year, I asked a Written Question about some German courts refusing to extradite prisoners to the UK because of concerns about the state of British prisons. On 30 May, the noble Lord, Lord Sharpe, answered my Question and wrote that while HMG does not comment on extradition requests, they do respond to requests for assurances from foreign states in relation to the matters I raised in my Question. Since then, there have been a number of further articles in the press where both German and Irish courts have refused extradition requests on the basis of the state of British prisons. This is a quality issue, not a capacity issue. Can the Minister comment on the assurances which his department gives to foreign states that our prisons are indeed fit, decent and suitable to receive extradited prisoners?

There is a lot of detail in the Statement. I have commented on some but not all elements of it. The necessity for this Statement is a culmination of systemic long-term underinvestment over many years. I cannot help thinking that the recently appointed Lord Chancellor has received something of a hospital pass in taking on his new role. The noble Lord opposite is in the same situation too. Can I ask the noble Lord about any consultation on their proposals and the timetable for bringing them in?

[Lord Marks of Henley-on-Thames (LD)]

My Lords, I welcome this Statement, in part at least, and I thank the Minister for making the time to discuss it with me yesterday. However, we profoundly regret the circumstances in which it came to be made.

At last, the Government recognise the disgraceful state of our prisons—with a current population of 88,000 and only 500-odd places unfilled across the estate and with serious overcrowding within that population. It is not all down to Covid, more remand and recall prisoners and industrial action. Indeed, the Statement itself points out that the prison population in England and Wales has nearly doubled over three decades. That is made worse by serious understaffing, dismal morale and, in consequence, a failure to recruit and retain enough prison staff.

Some of these measures we have long been calling for. We welcome the presumption against damaging short sentences, which are shown to be hopelessly ineffective, with sky-high reconviction rates and no chance of addressing mental health and addiction issues or training or preparation for employment. We welcome recognition of the need to concentrate on rehabilitation and reform and greater use of community and suspended sentences, but these must be supported, as the noble Lord, Lord Ponsonby, said, by probation and community services that are fully resourced and in overall operation.

However, much of this Statement just sets out panic measures from a panicked Government who have simply run out of prison space, despite all the warnings: doubling up in already overcrowded cells; the so-called “rapid deployment cells”, which the noble Lord, Lord Ponsonby, called portakabins—read “makeshift prefab temporary cells” with, importantly, no extra supporting services; cancelling maintenance projects that are essential to improve squalid conditions; and indiscriminate 18-day early release determined by the location where the prisoner is serving, not the prisoner’s suitability. Even worse, we are still resorting to using police cells, which are totally unsuitable for housing prisoners.

This Statement talks of giving the least serious, low- risk offenders a

“path away from a life of crime”.

However, all prison sentences should offer that—and to extend the metaphor, such a path needs to be properly planned, well supported and fully paid for, not just hurriedly hacked out of the undergrowth, to find a way out of a mess.

The long-term prison building plan is now way behind schedule, so I ask the Minister some questions about the Government’s plans for the medium term. Given that sentence inflation is in part fuelled by government policy, do they have other plans to reverse the inexorable rise in the prison population? What proposals do they have to cut the backlog in the courts to reduce the overload from remand prisoners? What exactly is proposed for an urgent end to the disgraceful extended incarceration of IPP prisoners? What changes are proposed to target recall—to moderate its use, which is often unmerited and should be specific and only used when needed? How do the Government propose to avoid shuffling prisoners around the prison estate to fill every available space, without regard for prisoner needs and welfare—in particular, the need for contact with their families and communities before release?

More importantly, what greater resources are proposed for the probation services so that community sentences work? The Statement claims credit for a past increase in funding but says nothing about the extra funding that will be needed to meet the increased demand resulting from these measures.

Courts (Prescribed Recordings) Order 2023

Lord Ponsonby of Shulbrede Excerpts

Thursday 14th September 2023 Lords Chamber

[The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Bellamy) (Con)]

My Lords, this draft instrument relates to both transparency and security in our court system. Generally, and for good reason, there is a statutory prohibition on photography and audio recording within court buildings. Photography is prohibited under the Criminal Justice Act 1925, and audio recording is prohibited under the Contempt of Court Act 1981. More recently, Section 32 of the Crime and Courts Act 2013 permitted certain exceptions—your Lordships will probably have seen sentencing remarks being broadcast recently in the Crown Court and live-streaming by the Court of Appeal, and there are some other examples. This statutory instrument deals with security and transparency, and it is made under those powers, building on the existing exceptions.

There are four aspects to the statutory instrument. The first is CCTV in court buildings, which is in Articles 5, 6 and 10 of the instrument. CCTV clearly plays a most important role in the safety and security of those who work in, or visit, our courts. The instrument ensures that the continued use of CCTV cameras in court precincts—but not courtrooms—is fully authorised and lawful. Indeed, there is currently CCTV in many court precincts. That is thought to be perfectly lawful, but this statutory instrument puts the issue beyond doubt, in case any issue ever arises in that connection.

The second aspect, in Articles 7 to 9 of the statutory instrument, relates to the use of body-worn video by operational staff. This is already common practice outside court buildings, but there is a legal issue as to whether body-worn video cameras can be lawfully worn within court precincts. Of course, such cameras are worn regularly by those who have to deal with potentially dangerous and difficult situations, such as police officers and prisoner escort staff, particularly staff from the prisoner escort and custody services transporting prisoners to and from the court.

There was a pilot scheme in 2017-18 to pilot the use of body-worn video within court precincts. There was a doubt at that time over the legality of the practice, so it was paused and then the pandemic somewhat overtook events. This provision deals not only with prisoner escort and custody staff but with police officers and court and tribunal security staff. Noble Lords will be aware that wearing body-worn cameras is now common practice in the police force, including when officers are authorised to carry Tasers, in which circumstances they are mandated to wear body-worn video. These updated provisions provide for body-worn video to be worn in the court context, but I emphasise that under Article 9 of the instrument, the body-worn video is not switched on unless there is a security alert or an escape.

The third provision is, I hope, an extremely innocent one. It is the practice in adoption cases for a photograph to be taken of the judge, who robes up for the occasion, with the family. Just in case anybody were ever to challenge that practice, this instrument makes it perfectly clear that photographs taken on that occasion are fully authorised, despite the statutory prohibitions on photography in court buildings.

Lastly, the instrument corrects a small omission in the previous order, the Crown Court (Recording and Broadcasting) Order 2020, which authorised circuit judges and certain others, including High Court judges, to have their sentencing remarks filmed and broadcast. What that earlier order did not quite provide for was the situation that occasionally arises in which the judge sitting in the Crown Court is actually a Court of Appeal judge. That was the situation in the lamentable case of Wayne Couzens, who pleaded guilty to murdering Sarah Everard, which was presided over by a Court of Appeal judge, Lord Justice Fulford. The order amends the earlier instrument to make sure that we have included Court of Appeal judges.

I hope this is relatively straightforward. All stakeholders have been consulted, the Lord Chief Justice has given his assent and I commend the instrument to the House.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I am very happy to say that we support the statutory instrument and the various changes that the Minister outlined. I will just give a couple of comments and anecdotes. The first concerns CCTV in court precincts. I sat on the case—the only time I sat with the Chief Magistrate, as a winger, a magistrate—of a tribunal judge who had been assaulted in the courtroom. Of course, there was no film of that assault, but there was CCTV of the corridors approaching the courtroom, and from that we could see people going in and out, we heard the evidence and we reached our determination. It turned out that the person we convicted of assaulting the judge questioned the CCTV and was looking for the sources of it. The CCTV was able to be provided and we went ahead and convicted the defendant.

I have another small point on which I cannot resist picking up the Minister. On his third point about adoption cases, it is not just judges who do adoptions; magistrates also do them in family courts, and I have done a number myself. They were very happy occasions, and we took many photographs for the records of the families concerned. Nevertheless, we welcome all the minor changes outlined by the Minister and, on that basis, we accept the SI.

[Lord Bellamy (Con)]

I stand entirely corrected by the noble Lord, Lord Ponsonby, in relation to magistrates, whose work I have paid enormous tribute to on previous occasions, and I do so again. We entirely depend on our extremely important lay magistrates and I apologise for the omission, which was correctly drawn to your Lordships’ attention. I comment the instrument to the House.

Illegal Migration Bill

Lord Ponsonby of Shulbrede Excerpts

Report stage
Monday 3rd July 2023 Lords Chamber

[Baroness Lawlor (Con)]

My Lords, I am glad to follow the noble Lord, Lord Hacking. I think the 1949 measure was a good measure following the Rushcliffe report. It had cross-party support then, and legal aid continues to have cross-party support.

I agree in principle with the noble Lord, Lord Bach, that it would be a very good thing for us to be able to revisit the legal aid budget and ensure that many of the cuts, both to scope and to litigants, could be reviewed with a view to being more generous and trying to revisit the consequences of both the 1999 and the 2012 Acts. I am with the noble Lord there.

However, because we have seen such cuts right across the board and a reduction in scope across the board, I have concerns about this particular amendment for these cases unless and until we can grant similar support to many of the cases in this country that are left without support as a result of what has happened over more than 20 years. I know that noble Lords would say that this is a different case, but many of these cases are claims of great merit, but Governments have to make decisions. For my money, I would prefer to have a fair redistribution of the legal aid budget between people who have been cut out of it—many of whom would have been eligible right throughout the 20th century—and other cases that noble Lords have mentioned.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I open by thanking the noble and learned Lord, Lord Bellamy, for moving government Amendment 154, which, as he said, includes Northern Ireland for the purposes of this Bill.

Regarding my noble friend Lord Bach’s Amendment 155, I agree with every word he has said. He introduced it by saying that legal advice is a fundamental right for the asylum seekers themselves. To address the point the noble Baroness, Lady Lawlor, made, it is about the way we should see ourselves as a country: making sure that people in the most desperate situation can avail themselves of the right to access our laws. The only way of doing that is with appropriate legal aid. Of course, I agree with the noble Lord, Lord Carlile, on the point he made, as well as with the noble Baroness, Lady Hamwee.

Access to high-quality legal aid within 48 hours would increase the effectiveness and efficiency of the immigration and asylum system. With adequate legal aid, people would be better able to make timely claims, increasing efficiency within the Home Office and the justice system. They would know what evidence they needed to produce and understand their prospects of success to enable them to make an informed decision regarding whether and how to proceed with their claim.

Amendment 155 would build on current legal aid arrangements. I understand that a good precedent for this is the facility for people detained at police stations. When a person is taken to a police station and it is decided that there is no criminal element to their case, they are allowed to access an immigration lawyer to obtain immigration advice. The police call the duty solicitor call centre, and there are lawyers on a duty rota to take up the case, provide immigration advice and decide on the merits of the case. A new 48-hour system would involve allocating a solicitor to an individual upon them entering detention.

For these reasons, I support my noble friend Lord Bach and believe that his amendment is a necessary measure to ensure access to justice for those in the immigration and detention system. I urge the Minister—who has particular expertise, it has to be said, in the field of legal aid in the civil courts—to consider this as favourably as he can. I understand that there is a review under way, but the amendment spoken to by my noble friend Lord Bach goes to the heart of the way that we, as a society, should treat the most vulnerable people when they come to our shores.

Sentencing Act 2020 (Special Procedures for Community and Suspended Sentence Orders) Regulations 2023

Lord Ponsonby of Shulbrede Excerpts

Monday 26th June 2023 Grand Committee

Moved by

[Lord Ponsonby of Shulbrede]

That the Grand Committee takes note of the Sentencing Act 2020 (Special Procedures for Community and Suspended Sentence Orders) Regulations 2023 (SI 2023/559).

Relevant document: 43rd Report from the Secondary Legislation Scrutiny Committee (special attention drawn to the instrument)

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, these regulations introduce pilots of an intensive oversight system for certain less serious offenders. The Explanatory Memorandum states that,

“this legislation is expected to: improve judicial confidence in the sentencing system, increase offender compliance, reduce reoffending and reduce the use of custody”.

The regulations will come into force on Monday 26 June.

In July 2022 three sites were selected with the approval of the senior presiding judge and the Secretary of State. Substance misuse ISC pilots will be established in Teesside Crown Court and Liverpool Crown Court, and the women’s ISC will be piloted in Birmingham magistrates’ court. It needs to be remembered that, in the sentencing White Paper 2020, the Government committed to pilot a problem-solving approach, which is essentially what this is, in up to five courts in England and Wales. It is regrettable that they are now committing to only three.

The Ministry of Justice describes ISCs as a “problem-solving approach” to offender management, in which those receiving some community and suspended sentences have regular contact with a multidisciplinary team including the judiciary, health professionals, police and probation officers and specialist support in relation to housing, education and skills. Local authorities will reportedly be a key part of the team in ISCs.

ISCs will seek to address an offender’s induvial needs, such as substance misuse, housing and education, with the ultimate aims including reducing reoffending and the use of custody. Judges and magistrates will oversee the process and be able to incentivise good progress, such as by relaxing conditions, while sanctioning behaviour that fails to meet agreed standards by increasing drug testing, court reviews and periods in prison, for example.

It is worth putting this in an international context. According to the Centre for Social Justice, there are more than 3,000 problem-solving courts in the United States of America and Canada, and the model has spread across the world, notably to Australia, New Zealand, Ireland, Norway and Belgium. The US was an early adopter, with examples including the Miami drug court, which was established in 1989, the New York Midtown Community Court, established in 1993, and the Red Hook Community Justice Center, established in 2000.

International evaluations have variously highlighted improvements in offender compliance with court sanctions, greater levels of offender accountability and improved collaboration with external agencies. Despite its international appeal, problem-solving justice has had limited uptake in England and Wales. Although a handful of problem-solving community courts were established as pilots during the mid-2000s, their evaluations, while important, cannot be generalised, and successive Governments have been unwilling to invest further in an approach that is lacking “credible data”.

Although advocates continue to argue that problem solving should be better mainstreamed in the criminal justice system of England and Wales, their arguments are sometimes based on the fact that the model has great potential rather than a proven track record in reducing reoffending rates.

I will list some of the challenges I see with this model, the first of which is administration. To achieve consistency of the Bench, which is a core requirement of the ISC model, the current system for court listings and rotas would need to be amended to enable the same person—or group of people, if they are magistrates—to sit on the same case. The current system allows for drug courts, so there is no reason why this method could not be utilised more widely, but it would require HMCTS to change its systems.

The second challenge is effectiveness. To date, no evaluation has been published of the Manchester women’s problem-solving court, and the evaluation of the Aberdeen court was also limited. This is a big issue, and something the ISC pilots will need to address. Previous evaluations, such as those of the Liverpool community court and the Salford problem-solving court, found that there was no difference in rates of reoffending between those who went through the problem-solving stream and those who did not.

My experience of the drug court at Hammersmith magistrates’ court was that the magistrates—which I was at the time—had to sit on a separate rota. That rota was discontinued after a number of years because the Ministry of Justice, as I understood it, was unable to demonstrate that there was a reduction in reoffending by offenders through this separate rota approach. At the time, this was a disappointment and frustration to me and my colleagues because the data had not been gathered to make an informed assessment of the approach. Since it could not be proven that it worked, it was discontinued. However, that was not assessment of data which had been gathered; the data simply had not been gathered.

The next challenge is the importance of a collaborative approach. As the Minister will know, there is currently a postcode lottery of specialist services, which is an obstacle to the ISC vision. There were hours of oral evidence at the recent Lords’ Select Committee on this very topic, and the Chief Inspector of Probation raised it with the Select Committee a few weeks ago. Without the necessary agencies to create the holistic, multiagency scaffolding required to support people in the community, a specialist order is very difficult to put in place in practice. The backlogs from the pandemic mean that offenders are still unable to access specialist support services in some areas of the country. The lack of specialist services, including proper buy-in from the Probation Service, will have an impact on sentencer confidence.

A further challenge is appropriate training. Any expansion of the problem-solving model would certainly require investment in training opportunities, which is of particular concern to magistrates who have seen their Judicial College and HMCTS training budgets slashed. Budget issues notwithstanding, I am sure that many magistrates and judges would like to sit on these types of courts and use the additional skill of building an appropriate relationship over a period of time to try to discourage reoffending.

Although, as I understand it, this issue was not raised by magistrates or judges, most practitioners—probation officers, as well as keyworkers or other support services—have expressed concern that the model should not be used as a route to up-tariffing in the name of helping people, whereby people would be given a longer sentence than they might have otherwise got because of the help available. Their professional experience was that many people struggle to juggle the many elements of their orders with different appointments and things like that. The concern expressed by these professionals, such as those in the Probation Service, is that, given the chaotic and complex nature of their lives, you could, potentially, set people up to fail. The problem-solving model should not be touted as the universal answer for all people serving community orders, and suitable holistic support should continue to be provided for those who would not respond positively to additional court reviews.

To be clear, I support and welcome this model, but I have raised my concerns to make sure that we go into these pilots with our eyes open about the potential pitfalls. It is disappointing that no new money is being committed to these pilots and that the scope of the pilot schemes has been reduced. Nevertheless, intuitively, it sounds like a good model. I support it, but it needs to be underscored and supported with sufficiently robust data collection so that a realistic assessment can be made for its potential future extension. I beg to move.

[Lord Jackson of Peterborough (Con)]

My Lords, I shall speak briefly on this statutory instrument. I have always taken an interest in the criminal justice system and have taken the view that, if you are to impose relatively draconian sentences on some prisoners, you should at least also give them an opportunity for redemption and to improve and turn around their lives for the benefit of their families, not least, and the wider community. In the other place, I strongly supported the coalition Government’s rehabilitation of offenders Act 2012, which I thought was a brilliant piece of legislation, in that, hitherto, “low-level” prisoners were discharged from prison and forgotten, and they very quickly got into the clutches of drug dealers and others. It goes without saying and is axiomatic that drugs have a huge negative impact on our communities.

I shall elucidate some of the points that the noble Lord made. I was slightly disappointed that the Explanatory Memorandum that accompanies this instrument is not more detailed. I find it quite odd that the analysis of the work of the Liverpool community court should come up with the statistics referenced by the noble Lord. It is very important to interrogate why that was and why there was no demonstrable difference between recidivism in that court’s area, compared with more traditional courts.

Obviously, another issue is money. If you are going to establish a pathfinder scheme in order to keep people out of the prison estate and give them a chance to turn their lives around, and have a multidisciplinary approach with adult social care, children’s services, the police, et cetera, you need to spend the money. I am not someone who always calls for tax rises but, for the long run, you need to spend the money on this bespoke project, and you probably need more than three projects. It is disappointing that only three projects were allocated under the auspices of these regulations, because the excellent White Paper published in 2020 alluded to the possibility of five or more projects.

The Government may have missed a trick in not allowing a wider degree of public consultation in the design and review of these pilot schemes. I understand that they have to be expedited and that the Government have to move rapidly in order to put processes in place, but there is an awful lot of experience, knowledge and skills in the third sector and civil society, which could have been brought to bear in assisting the Government in developing these schemes. The Opposition spokesman mentioned Manchester and Salford. Lots of people have been involved and will have real-world experience.

My final point is on analysis and evaluation. It is frankly scandalous if we are really looking at a comprehensive evaluation taking another four years. I understand that you have to look at reoffending rates at the end of a period, but we already have a small cohort in this study; to wait another four years, which would be half way through the next Parliament and Government, for us to make a value judgment on its success or otherwise would let down taxpayers. On that basis, Ministers would perhaps be wise to look again at the efficacy of such a long-running period.

--- Later in debate ---

[Lord Bellamy (Con)]

My Lords, in further answer to a question asked by the noble Lord, Lord Beith, I understand that we will be engaging external contractors to support the evaluation of these proposals. So there will be some element of external verification, but I expect your Lordships’ House—indeed, both Houses—to take a close interest in how we are getting on and to demand explanations and information. I hope that there will be a collaborative approach all the way through.

I will take some of the other points raised; I have already touched on some of them. It is very important that we have evaluations and the same judge, and that we assemble the relevant data. As emphasised by noble Lords, it is particularly important that we take a collaborative approach, which the noble Lord, Lord Ponsonby, referred to as the “scaffolding”, in which there is a truly multiagency approach and access to services.

To take up the point raised by my noble friend Lord Jackson, this is a holistic operation because we are already engaged in rehabilitation for offenders in prison. We have employment advisers in prison and local employers helping them into jobs. We even have small things such as the Friday release Bill, which enables people to access services before the weekend and further arrangements are in train to make sure that there is accommodation, a bank account, a national insurance number and all those things, and they are beginning to have an effect. That aspect is not underestimated at all. Investment in training is accepted, and we should make sure that those who engage in this kind of work have appropriate training.

As to the concern that was said to have been expressed by probation officers that this is a route to “up-tariffing”—I think that was the expression used—that is not the aim of the exercise at all. One has to be very alert to making sure that nothing of that kind occurs. The law of unintended consequences has the habit of striking when it is least expected, but this is something to keep an eye on. As I said, the rehabilitation of offenders is very much at the forefront of our minds.

My noble friend Lord Jackson marked our paper as “could do better”. I do my best to reassure your Lordships that this is a sure start. As others have said, let us hope it leads to wider things and presents a real opportunity to make a difference. With that, I commend the statutory instrument.

[Lord Ponsonby of Shulbrede (Lab)]

Before the noble and learned Lord sits down, can he explain why two Crown Courts and one magistrates’ court were chosen? The magistrates’ court is for women offenders. Of course, the vast bulk of low-level drug offences are seen in magistrates’ courts, not Crown Courts, so I would be interested to know whether there is an explanation for choosing this particular combination of courts.

Also, the noble and learned Lord just said that there was not an overwhelming response when looking for pilot courts. I suggest that the reason for that is that a number of the courts have been round this course before. In the past, similar types of arrangements have run into the sand for various reasons. I gave my own example of the drug court at Hammersmith Magistrates’ Court. I sat on that separate rota and it was discontinued because it could not demonstrate the benefit of that approach.

From what the noble and learned Lord has said, it seems that there is a more holistic approach to gathering data in order to make a proper assessment; that is a very important element of what is being suggested and piloted here. I think that we just need to acknowledge that, in the ranks of court professionals and the professional people who have advised me, there is some scepticism about this. We need to be open-eyed about that because this idea has been tried a number of times and not been fully evaluated. Good luck to it this time but there needs to be a proper approach to form a proper basis for future decisions.

[Lord Bellamy (Con)]

My Lords, I am not sure that I am able to give the noble Lord, Lord Ponsonby, a comprehensive answer to his first question as to why we did not do more in magistrates’ courts. We certainly wanted, in terms of the Crown Court, to see to what extent we could divert from custody, which tends to be the issue in the Crown Court. That is why two Crown Courts were chosen.

On the magistrates’ court, it was felt that we should give priority to the problem of low-level offending by women. That is an area where it is felt that this approach can make a significant difference. One is working to some extent with the art of the possible and the resources available.

I have more or less finished. The last thing that I want to say was that the noble Lord, Lord Ponsonby, rightly expressed scepticism. This approach has been tried before and the results have been rather depressing. The difference this time will be in the data and the evaluation. We have concrete evidence so we can convince everyone that it is working.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I thank everybody who has taken part in this brief debate. I look forward to discussing this issue further as the pilots evolve and I commend my Motion to the Committee.

Motion agreed.

Powers of Attorney Bill

Lord Ponsonby of Shulbrede Excerpts

2nd reading
Friday 16th June 2023 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I congratulate my noble friend on introducing the Bill so comprehensively and fairly, as the noble Lord, Lord Wolfson, said. I also congratulate Mr Metcalfe on steering it through the other place.

The provisions in the Bill are much needed, and the Labour Party is pleased to support them. A lasting power of attorney ensures that an individual’s personal wishes and preferences can be considered when capacity is lost, which can massively reduce the stress and anxiety for their family through an extraordinarily difficult time. However, the process for making and registering a lasting power of attorney has long been due an update. The current paper-based process can be confusing and bureaucratic. We wholeheartedly welcome the modernising measures in the Bill. We need to plan now for the challenges that will face our legal system in the coming decades.

I hope that these changes will help to future-proof our system and ensure that the case load of the Office of the Public Guardian, which is already beset by delays and backlogs, as we have heard in this short debate, does not become completely unmanageable as our population continues to age and the number of people living with illnesses that can affect their capacity increases.

The need and demand for lasting power of attorney will increase significantly in the coming years, so the creation of a digital process to streamline much of the work is a necessity. Currently about 900,000 people in the UK have a diagnosis of dementia. According to Dementia UK, that number will rise to more than 1 million by 2025 and is projected to rise further, to 1.5 million, by 2040. We are pleased that the paper application route will remain in place for all those who need it. Current figures suggest that about a quarter of those over 65 do not have easy access to the internet. Applying for an LPA can be a difficult process at the best of times, so it is right that the paper route is kept open so that applicants can apply by whichever means most suits them.

It is very welcome that the Bill will amend Section 3 of the Powers of Attorney Act 1971 to enable chartered legal executives to certify copies of powers of attorney. They are legal professionals who can carry out many of the same services as a solicitor, so it is good to see that inconsistency addressed. The Bill builds on several welcome safeguards, including the introduction of identity verification, restricting who can apply to register the LPA and changes to the objections process. The Law Society has raised some additional safeguarding concerns that I want to bring to the attention of the Minister. First, has he considered amending the Mental Capacity Act 2005 to make it clear that the certificate provider has a responsibility to confirm that the donor has the mental capacity to make an LPA?

Secondly, can the Minister confirm whether future guidance on the role of the certificate provider will include questions for them to ask the donor that will test whether they can rely on the presumption of capacity? Thirdly, what steps is he taking to ensure that a certificate completed by a certificate provider for an LPA application shows that the certificate provider has been satisfied that the donor understands the information relevant to the decision to execute the LPA, and that the provider can retain the information that was used to weigh up the decision to put the LPA in place?

The noble Lord, Lord Wolfson, spoke about his family experience, and I suspect that many people, including me, have experience of legal powers of attorney. I currently hold one for my mother, who I will see later today, but I obviously hope that I will not have to invoke its powers. I understood the point that the noble Baroness, Lady Watkins, made about living wills. We are very sympathetic to the points she made, but she also accepted that this is an issue for an amendment to a different Bill, or for another Bill standing in its own right. Nevertheless, we are very sympathetic to her point. We welcome this Bill.

[The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Bellamy) (Con)]

My Lords, the Government wholeheartedly support the Bill, and I thank the noble Viscount, Lord Stansgate, for setting out so eloquently and clearly its content and purpose. So clearly has he set out the Bill that I do not think I need repeat what it says, save to say that there are essentially four main aspects in relation to LPAs. It simplifies and digitises the process; it requires identity checks on the donor; it has a better procedure for objection involving, for example, local authorities, the police and other interested parties; and it provides that only the donor can register. I think those are the main points but, thanks to that very clear explanation, your Lordships are already fully seized of the content of the Bill and I will say no more about it.

I add the Government’s thanks to Mr Stephen Metcalfe for his great and persistent work in another place to bring this most important Bill to its present fruition. I hope he will accept our thanks and compliments for that very important work.

It is sometimes forgotten by the general public, I think, that both Houses of Parliament do important, detailed work on very detailed points. It is not a great political circus; we are working hard on matters of detail that affect people’s lives. As has been said, with over 6 million LPAs, increasing at the rate of a million a year, this really does affect people’s lives. For that reason, we are particularly grateful to the noble Viscount, Lord Stansgate, and others who have spoken in favour of this Bill.

I will deal with a number of the points raised in this debate. First, I stress that, although the process will be primarily electronic and will facilitate access to powers of attorney by other parties when the need arises—for example, a bank—if an attorney needs to activate the LPA, there will also be a paper channel so that those who do not have the internet or are not equipped to operate it can do so. It will be a fully flexible system so that donors, attorneys and others involved will be able to use whichever channel best suits their needs, be that digital or paper.

[Lord Ponsonby of Shulbrede (Lab)]

If there is a discrepancy between a paper copy and a digital copy, am I right in thinking that it will be up to the court to decide which of the two versions is correct?

[Lord Bellamy (Con)]

My Lords, as far as I know, the noble Lord is entirely correct in his assumption. If I am, or he is, wrong, I will write accordingly to clarify that point. It will ultimately be for a judicial process—possibly for the Office of the Public Guardian, initially, and then for a judicial process—to determine which of the two conflicting versions is the “authentic” version.

This change, by reducing the laborious and very time-consuming verification of paper documents, will, or should, over time release resources for the Office of the Public Guardian to investigate and pursue cases that look dubious or are attempted frauds, or which raise other difficulties. So we see this as not only benefiting the donors and attorneys but removing burdens on the Office of the Public Guardian and allowing that very responsible organisation to reinvest its resources in enforcement or investigation, or in improving safeguards as necessary. So, for the reasons that have been given, the Government welcome this Bill very sincerely.

I will briefly address the points raised by other noble Lords. As my noble friend Lord Wolfson said, the Government fully support the work of the Court of Protection, and the judges of that court do magnificent work under very difficult circumstances. Of course, this is part of the wider digitalisation of the civil justice system, which the Government are also supporting and, if I may say so, making quite good progress on under the remarkable leadership of Sir Geoffrey Vos, the Master of the Rolls, who is very focused on digitalisation and the future of the justice system in that respect. As my noble friend Lord Wolfson said, we always have to find a balance in these systems between protection of the vulnerable and facilitating the processes. That, I hope, is the balance that has been struck under this Bill.

On the points rightly raised by the noble Baroness, Lady Watkins, the Government welcome the mention of health and welfare LPA. That is sometimes forgotten as a part of the machinery, but it is important; one never quite knows when one is going to lose one’s health and welfare, or to need an attorney to look after one from that point of view.

Living wills, as the noble Lord, Lord Ponsonby, said, is under separate legislation and is a separate issue. The point about the wet signature holding everything up and leading to people not knowing quite what the patient’s wishes are is an important one. The Government will certainly note the points that have been made today and continue to reflect on them.

On the points raised by the Law Society about the certificate provider and whether we have sufficient checks in that respect, the department is considering those and in due course will make proposals about the best way of achieving that. There could well be changes to the certificate itself, the forms used and the supporting guidance. I am not sure that legislation will be necessary, but we could tighten up the existing procedures, or at least review carefully whether they are sufficient, and test any potential changes with stakeholders and users to ensure that they achieve the core aims we need to achieve.

Scotland has been mentioned. The Scottish Government have given a legislative consent Motion. The UK Government felt that one was not needed, but at least there is one so that point does not arise.

Concern has been expressed by the Law Society of Scotland that powers of attorney granted in Scotland are not always readily recognised in England and Wales. The Government’s view is that that is primarily a question of raising awareness. There is no legal reason why a Scottish power of attorney cannot be recognised in England and Wales, as far as I am aware, so it is primarily a question of raising awareness and making sure that the relevant professionals are more familiar with the status of Scottish powers of attorney than may apparently be the case.

The noble Viscount, Lord Stansgate, noted the interest of licensed conveyancers in relation to Clause 2. I can confirm on behalf of the Government that the Bill is not intended to interfere with the previous or indeed ongoing practice of organisations such as the Land Registry accepting copies of powers of attorney from licensed conveyancers. So the licensed conveyancer will send in the documents that are necessary, which may well include a copy of the power of attorney. That is a long-standing practice that has given rise to no difficulty, and nothing in the Bill is intended to change that practice.

There is a second important aspect to the Bill, which is to enable chartered legal executives to certify copies of a power of attorney. That is not only correct in itself but is part of the Government’s general policy of facilitating CILEX members to carry out tasks and functions that other legal professionals, solicitors and barristers can carry out. Only yesterday, as the noble Lord, Lord Ponsonby, will remember, the Grand Committee passed statutory instruments enhancing the number of judicial appointments that CILEX members can aspire to. Together with this provision, that is also part of the Government’s overall policy of widening the pool of qualified lawyers so there is absolute availability of qualified lawyers.

I think I have covered the points that were raised. It only remains for me to reiterate the Government’s support for the Bill and to thank the noble Viscount, Lord Stansgate, in particular and other noble Lords who have spoken today.

Offenders (Day of Release from Detention) Bill

Lord Ponsonby of Shulbrede Excerpts

3rd reading
Friday 16th June 2023 Lords Chamber

[Lord Bird (CB)]

My Lords, I thank Simon Fell, MP for Barrow and Furness, for his wonderful work on getting the Bill off the ground.

What is so interesting about the Bill is that we invest a vast amount of money in putting people in prison and if, at the end of that period, they are released on a Friday and have no family support, friendships or relationships and cannot go to Citizens Advice, the local authority or any of the other support services, they often fall homeless over the weekend. We know that homeless people who have been let out of prison have the temptation and possibility of falling back into the crisis of poverty and the crisis of crime.

Therefore, I am pleased that we are making this wonderful little nugget of change to help us consider that there are a lot of other things to do. Is it not wonderful that we can say, “If we make that investment in somebody’s life, let’s make sure that, when they get out, they don’t fall back into grief”? I beg to move.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, the noble Lord, Lord Bird, described the Bill as a “nugget of change”; that is a modest thing for him to say.

Although the scope of the Bill is narrow and specific, it will make demonstrable change. There have been attempts to make this change in other, larger Bills in the past, which have fallen by the wayside, so I congratulate him, as a relatively new Member of this House, on getting through this significant addition to the way we manage people who come out of prison. As he said, this is a very vulnerable group of people who are very likely to reoffend, particularly if they are released on a Friday, so every step, however little, matters to try to reduce reoffending. I congratulate the noble Lord.

[The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Bellamy) (Con)]

My Lords, I too add my thanks and congratulations to the noble Lord, Lord Bird, for persevering in taking this Bill through the House and for continuing the good work of the honourable Member for Barrow and Furness, Mr Simon Fell, in the other place.

This is a simple yet effective Bill that will play an important role in supporting the Government’s drive to reduce reoffending and protect the public. It will ensure that custody leavers have a better chance to access the support they need to reintegrate into the community and turn their backs on a life of crime. The Bill achieves that by enabling the offender’s release date, where it would have fallen on a Friday or the day before a public or bank holiday, to be brought forward by up to two eligible days, so that they will be released earlier in the week. Offenders with resettlement needs will no longer need to try to access these services, under what may well be very challenging circumstances, as the weekend begins and services and support stop or fade away.

The Bill applies to both adults and children sentenced to detention. It will ensure that the relevant release provisions exist and apply in all youth settings, including the recently created secure 16-to-19 schools.

I am very grateful to the Members, Lords and officials who have worked so diligently to bring forward the Bill, and to the noble Lord, Lord Ponsonby, and his colleagues for their support and encouragement. I am once again very pleased to reiterate the Government’s support, and very much look forward to seeing the Bill on the statute book.