Police, Crime, Sentencing and Courts Bill

Viscount Brookeborough Excerpts

Lords Hansard - part two & Committee stage
Wednesday 17th November 2021 Lords Chamber

[Baroness Harris of Richmond (LD) [V]]

My Lords, I speak in support of Amendment 265. I am very sorry that the noble Baroness, Lady Meacher, is not able to be in the Chamber.

Many years ago, when I was a magistrate and at the same time chair of my police authority, I wondered how we could bring in the concept of restorative justice. It was not an option for us then as it did not appear in our guidelines—that might have changed, I do not know. It was apparent, though, that repetitive cautions given to young offenders simply were not working. Something needed to change.

I became interested in restorative justice because of a remarkable chief constable, Sir Charles Pollard, who was then chief constable of Thames Valley Police. He had been advocating restorative justice for some time. He was extremely well supported by the chair of the police authority, Mrs Daphne Priestley. I thought it was a very interesting and potentially life-changing intervention for some young offenders, and so it has proved to be.

Restorative justice aims to foster individual responsibility by requiring offenders to acknowledge the consequences of their actions, be accountable for them and make reparation to the victims and the community. Initially for use with young offenders committing minor crimes, it quickly caught the imagination of communities, which liked the idea of a victim being able to confront their offender, who was made to realise the impact of their criminal behaviour. It is done with seasoned practitioners who have a wealth of experience in this discipline, as it needs to be a formal procedure. They have to ask the right questions in the right way for there to be a successful outcome, which would be when the offender realises the harm she or he has done and makes some sort of reparation to the victim. Meeting face to face, where both sides agree to that, can be a formative solution to an otherwise potentially serious punishment, even jail.

In London trials, 65% of victims of serious crime said that they would be happy to meet their offenders and talk about how that had affected them. The impact of this intervention has far-reaching benefits for everyone involved. Over the years, the success of the restorative justice model has worked alongside police forces, local authorities, the Prison Service, courts and schools. It has helped reduce permanent exclusions in schools, and in a sample case in Lincolnshire, in the first year of using this system the restorative service, as it is called there, worked on 53 cases. This was extended subsequently to 135 cases and became an integral part of the Behaviour Outreach Support Service there—BOSS—in which restorative justice sits with its partners.

Restorative Solutions, established by Sir Charles Pollard and Nigel Whiskin in 2004, is a not-for-profit community interest company that I think the Government need to contact for help with understanding just how important restorative justice can be to the benefit of victims of crime, and its potential to reduce criminal behaviour. It needs properly financing, of course, and to date that has not happened, so if the Government are really intent on reducing crime and helping victims, as they say they are, I suggest that this is absolutely the right solution for them to promote.

[Viscount Brookeborough (CB)]

My Lords, I support this amendment. I apologise for not speaking on the subject earlier. The Bill is far too complicated for me as a whole. I saw this in the paperwork today and, surprisingly, I am here so I thought that I ought to say something.

I was on the first Northern Ireland Policing Board. One of the subjects that came up to us was restorative justice as it was being practised in Northern Ireland. The origins of it are very important. In our case, it came under the two communities and terrorism. Post the peace process and ceasefire, these local communities were trying to police themselves—partly because they rejected the police completely. Yes, they dealt out punishment beatings, kneecappings and far worse, but what was interesting was that, although the communities might not have liked the punishments, they began to see a reduction in bad behaviour on the streets.

When it came in front of the policing board, we looked at other countries. The fact that it came out of terrorism in Northern Ireland is not an indication that it would be no good or would not fulfil its true potential in England, because we looked at Australia, Canada, New Zealand and America, where it had been really very successful.

There was then the idea of how to get this to be more in line with justice, because, naturally, the Department of Justice and—I am not accusing them of this—judges, and to a certain extent senior policemen, were reluctant to see anything that was outside their immediate world taking over something of it. We went down the line of bringing it into being an official practice, and that took quite a lot of nerve.

But it is extraordinary, if you actually go and visit, to see what is going on. The most important thing is that restorative justice is victim based, not perpetrator based—that it is not a soft touch for the perpetrator. I will not speak for long on this, because I have not even prepared. But it is not just a way of solving things; it does a lot more. The victims are incredibly satisfied with restorative justice. A survey produced when they were doing a seminar on the EU day of the victim in February 2019 said that 85% of victims were satisfied with the outcome, and 69% of perpetrators did not continue. The bonus for society is multifaceted: fewer people get convictions for what may, at times, be on-the-spot bad behaviour or, as we have seen, 69% of them do not misbehave again, so they have a clearer record for future employment. It keeps them out of short periods of detention. It was used originally for youths, and we do not have enough well-supervised room for youths in detention. So restorative justice helps the victims, helps the perpetrators remarkably, and is very good for society.

In the 2016-17 Session, the House of Commons Justice Committee came out with its report on restorative justice and supported it. The committee particularly supported looking at Northern Ireland. It is really nice when we can say that you should look at something positive from us in Northern Ireland—however, do look somewhere else.

While we have been in this Committee, because I was panic-struck about having anything to say, I googled “restorative justice”. We hardly need this debate. There is not a bad word about it, and there are so many pages I gave up after two or three and wrote down a couple of notes on it. But this is something that successive Governments—including Labour when they were in power—have not given true support to.

What about our prison population? What about sending people into detention, the “college of crime”, when restorative justice has the potential to be such a success? As I said, I think this debate is unnecessary. Every single person in your Lordships’ House and everybody outside can google it and have a look. If the justice side, judges and some senior policemen are still slightly careful about it because it seems to be out of their hands, they may need a bit of persuading.

But funding is an issue, and I have just heard—because I have not looked at it—that the funding was reduced. This is madness. We know that budgets are a problem, especially after everything we have been through. They are a problem for the police, for social events such as this and for justice. But this is madness. This is cutting off a not very great budget which would be saving us. The figure is that every £1 spent has saved £8. I do not think that is very well substantiated, but there is a big payback, and the young people of this country—and we are moving on to adults in Northern Ireland—earn the support for a system that is socially good and good for our population.

--- Later in debate ---

[Earl Attlee (Con)]

My Lords, I agree with everything that has been said. One of the most obvious applications for restorative justice would be in the aftermath of a road traffic accident. I touched on this during our debates on road traffic offences. The difficulty is that, in motor vehicle insurance, the contract prohibits the parties from discussing the accident at all, making it impossible to use restorative justice for road traffic offences related to accidents. Can my noble friend the Minister consider this and write to me on the point? I do not expect a reply right now.

[Viscount Brookeborough (CB)]

Restorative justice is a very wide issue, and one should not think that because it does not work for road traffic accidents it does not work. Furthermore, it is done only with the agreement of the parties involved.

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

My Lords, we welcome this amendment and the opportunity to discuss restorative justice. We are very grateful to the noble Lord, Lord Coaker, for relaying the views of the noble Baroness, Lady Meacher, who has a long-held commitment to restorative justice that is well known.

We fully support the amendment and are concerned that the Government should take in how important restorative justice is felt to be in this House. This debate has given us the opportunity to make that clear. We were privileged to have the explanation of the reasons for restorative justice and the comprehensive account of its birth and development from my noble friend Lady Harris, who set out, from her experience of police work and as a magistrate, how restorative justice has developed and its value.

The amendment is important because we—some of us, anyway—have concerns that, although there is this commitment around the House, there may be a danger of progress stalling. That is why it is so important that there should be a call for the preparation of an action plan, that it should be laid before Parliament and that there should be a report on the progress on restorative justice.

Members of the House will have been interested to hear the account of the noble Viscount, Lord Brookeborough, on how restorative justice developed in Northern Ireland from a state of great hostility, where real potential enemies were confronting each other, and how restorative justice became reflective of community justice as perpetrators and victims came into contact. He made the point that this was very much not a soft option but was victim based, and that analysis from the circumstances in Northern Ireland was, I felt, reflected by the analysis of my noble friend Lord Paddick, who gave the history of restorative justice in London and dealt with the achievement of victim satisfaction and, interestingly, a greater feeling of safety on the part of victims. He also talked of the benefit for perpetrators in the contact between the victim and the perpetrator; that was a point made by the noble Lord, Lord Blunkett, who was one of the signatories to the amendment.

I will be very interested—we will be very interested—to hear the Government’s response, which we hope will give us an indication that the Government take restorative justice as seriously as the speakers this evening do and that their commitment to it will be increasing and continuing.