Offender Rehabilitation Bill [HL]

Viscount Slim Excerpts

Tuesday 25th June 2013 Lords Chamber

[Lord Beecham]

My Lords, this amendment replicates the one that I moved in Committee and embodies the proposal that I made when participating in the Second Reading debate. It seeks to address the particular needs of ex-service men and women, many of whom—sadly, rather too many of whom—find themselves in difficulties with the criminal justice system from time to time.

The intention behind the amendment is consistent with the line which we have persistently adopted on these Benches and which has been consistently rejected by the Government—that of piloting a new proposal. As I understand it from the Minister, there may be a sympathetic view of this proposal in government. Whether that extends to piloting, I do not know, but it would seem to make sense to adopt that approach.

However, the main point is that, as part of the military covenant, it should be accepted that there is a case for a special forum before which offenders who have been convicted of, or pleaded guilty to, crimes that would potentially carry less than a custodial sentence can be assisted in avoiding reoffending and become rehabilitated. That is on the basis that we owe people who serve their country in, as I said, often dangerous and difficult circumstances a particular duty.

The amendment follows the precedent of the United States, in which every state now has a veterans’ court manned by a judge, who may often have been the original trial judge, and at which a veteran mentor is available, together with other agencies, to assist the ex-service personnel who has committed a crime. It has proved a remarkably successful way of preventing reoffending in this particular vulnerable group.

Many of those who have spoken in your Lordships’ House—the noble Viscount, Lord Slim, and the noble Lord, Lord Ramsbotham, in particular—have expressed their support for this concept. I note, to my surprise, that even the Sunday Express—not, I confess, a paper that I would normally look to for endorsement—has embraced the concept with enthusiasm. The amendment offers a more sensitive way of dealing with a particularly important and vulnerable group as part of what ought to be a wide-ranging series of provisions in conjunction with the military covenant, which the Government have helpfully adopted. Having had a conversation with the Minister, I apprehend that some indication will be given that this proposal will be taken forward, perhaps as part of a wider-ranging series of provisions, about which we may learn something tonight or in the future. I would very much welcome that and, on that basis, I will certainly not be moving the amendment to a vote.

Recently, a report has been published, commissioned by the Howard League for Penal Reform, and it may be helpful if I address some comments to what it has produced. Incidentally, I note that the Howard League commissioned this report as long ago as Armistice Day 2009, so it has been a long time in gestation, which perhaps is an indication of the importance of the project. It has focused its attention on ex-service personnel in prison. Of course, that is an important group but it is not by any means the biggest group of ex-offenders with whom we are concerned, given that—there are various estimates—there are probably 20,000 people at any one time in the criminal justice system who have served in the Armed Forces, of which the great majority have not been serving custodial sentences. I think that rather distorts the view that the report comes out with.

However, the report makes a couple of significant points. The first is that 25% of those surveyed were convicted of sexual offences, which is well over twice the proportion of prisoners generally. A bigger proportion have been convicted of violent crime, but the figure is not hugely disproportionate in comparison to the ordinary prison population—it is something like 10% or 11% greater. Even so, it is not an insignificant number.

The Howard League makes a number of very sensible recommendations in general about ex-service personnel in the justice system, pointing to the need for a greater emphasis on identifying those personnel at risk before they get to prison, and perhaps even while they are in service. It recommends that probation service standards should be revised to ascertain the status of ex-service personnel. We will then know—or, more particularly, the Howard League and, I guess, those with whom contracts are to be made will know—who are ex-service personnel. There should generally be more research on the characteristics of ex-servicemen in custody, but I would widen that to those who have come into contact with the whole justice system.

The league points out that a wide range of charities and other organisations are involved with service personnel. That is true, but it is something of a mixed blessing. I have heard it said that some of these charities are not particularly effective and, of course, there are so many that it is somewhat confusing. Moreover, according to the Royal British Legion, some of the initiatives in the voluntary sector tend to be reactive rather than, as it would put it, proactive—or, as I would say in better English, active—in pursuing these issues.

Some interesting developments have taken place, and I have no doubt that the noble Lord is aware of them, including a veterans in custody support scheme at HM Prison Everthorpe, which has links to service charities. There is also something called the Prison In-Reach initiative. The Cheshire probation service, interestingly, has a veteran support officer in each of its six offices. I do not know whether that is one for each or whether there is somebody available in each from time to time. It is also looking at a veteran support programme. In parenthesis, I wonder whether the Minister will ensure that such initiatives will survive the very reforms that we were discussing earlier today in a rather more contentious spirit than I hope will be the position on this matter.

However the Howard League, having looked at the American experience, concludes that it is not appropriate to adopt it here. It did that on the rather superficial argument that veteran offenders should not, as a class, be treated any differently in the system from other offenders. That underestimates both the obligations that we have to this group of people and the particular characteristics that they have. I do not see that it necessarily follows that what is being proposed, which is, I repeat, not a separate court to try the issue of guilt or innocence, but one to deal with offenders who are not in prison, in a constructive way in order to avoid their reoffending. The conclusion does not necessarily follow from its analysis and I hope that it is one that the Government will not adopt.

As discussed in Committee, there are other examples of special courts, be they domestic violence courts or drugs courts. It could be argued that this proposal for a veterans’ court is an extension of that concept; it is not hugely out of kilter with the rest of the structure. In any event, I would urge that this group is important enough to warrant at the very least a piloting of what has proved to be an extremely successful process in the United States, with very substantial reductions in reoffending rates, to the extent of 100%, as I understand it, in Buffalo, which was an earlier one, and something like an 85% reduction in reoffending in Minnesota. A number of American states have passed separate laws about the treatment of their veterans. We are not suggesting that that should be the case, but a framework should be established within which their particular needs can be addressed for their benefit, and indeed for the benefit of the community.

I very much hope that the noble Lord will give his blessing to this and that we can take these matters forward in conjunction with appropriate other government departments, notably the Ministry of Defence and the Home Office Minister responsible for prisons. I hope that a conclusion can be reached that will assist these people, help society as a whole, acknowledge our debt to veterans and, at the same time, reduce the likelihood of society suffering from offences committed by this group. I beg to move.

[Viscount Slim]

My Lords, first, I thank the Minister for the quick conversation that we had on this subject of veterans’ courts. From that conversation I took away two points. The first was that the Minister is still not overly keen on having a trial of veterans’ courts. Secondly, but perhaps more importantly, he said that something had to be done about this subject.

I draw the noble Lord’s attention to the military covenant. The right honourable gentleman the Secretary of State for Defence has to make a report at a prescribed time on the state of the military covenant. In his meetings with various ministries to gather information, I would have thought that the Ministry of Justice would be paramount in the thinking and discussion to find out what the plan is for young veterans who do not have or need a custodial sentence but who need rehabilitation. What is the plan from the Ministry of Justice to achieve this? I also remind the Minister that, with the coalition deciding to get rid of 25,000 soldiers, this problem will get much worse. There has to be a plan. All I am asking is that if the Minister still does not wish to trial veterans’ courts, which I would be sad about and which I consider probably the best way to move forward, the Ministry of Justice must come up with a plan and a decision on how this problem will be handled. Therefore, I sit down and await the Minister’s plan.

[Lord McNally]

My Lords, I am particularly grateful for the way in which the noble Lord, Lord Beecham, put forward this amendment and for the contribution of the noble Viscount, Lord Slim. Both contributions show the value of chats outside the Chamber; they bring rich dividends. I should say to the noble Viscount that I still have my doubts about veterans’ courts but I shall return to that later in my remarks. I accept fully, and it was clear from the remarks of the noble Lord, Lord Beecham, that there is no division between us about our commitment to fulfilling the military covenant. As the noble Viscount, Lord Slim, made clear, the Ministry of Justice has a positive part to play in ensuring that in carrying out that covenant we address the problems faced by ex-servicemen who fall foul of the criminal justice system to see whether and where they need specific assistance in rehabilitation.

I am cautious because I think that we have to be clear about the nature of the problem. The noble Lord, Lord Beecham, referred to the American experience and I am not afraid to look at where good ideas have worked in the criminal justice system in the United States.

However, let us be clear: a minority of offenders in the criminal justice system served in the Armed Forces before being convicted. NOMS works with the Ministry of Justice, the Ministry of Defence and the Department of Health to ensure that ex-armed services offenders can access appropriate support and rehabilitation services. All probation trusts routinely supervise and provide offender management for former Armed Forces personnel sentenced to community orders. But on the latest statistics available—this is why it is important to get things into perspective—the number of regular veterans in prison is estimated to be 2,820. That is about 3.5% of the prison population. About 5,860 offenders in the community, approximately 3.4% of community offenders, had served in the regular Armed Forces. In both cases, more than 75% are ex-Army, the others being ex-RAF or ex-Navy.

In prisons and in the community we are dealing with a very small number of people. Another statistic that I have seen is that 99% of those are men, which is not surprising. But that is the nature of this. However, as I told the noble Lord in our meetings in the Lobby, one of the characteristics of this Government is that when someone has a good idea we respond to it positively and constructively. In a way, we are doing that immediately. I know that the noble Lord and his honourable friend David Anderson MP, the Member for Blaydon, will be meeting my right honourable friend Damian Green to talk about the treatment of ex-service personnel in the criminal justice system.

As my noble friend Lord Ahmad said in Committee, we are aware of concerns about ex-service personnel in the justice system, but we need to make clear that the vast majority of the men and women who served in the Armed Forces go on to lead successful law-abiding lives. Indeed, it is often their experience in the services that provides them with the necessary skills and ethos to succeed in civilian life. But some ex-service personnel struggle in civilian life and it is right that we do what we can to ensure that the transition from the Armed Forces to civilian life is supported. I draw attention to the good work that the Ministry of Defence and the Armed Forces already do in this field, and the important work of the voluntary sector.

For those ex-service personnel who do end up in the criminal justice system and ultimately in prison, there is already specific support. Guidance on dealing with ex-service personnel in prison has been produced by the Ministry of Justice and the MoD along with the British Legion, SSAFA and rehabilitation organisations such as Nacro. In most prisons, we now have veterans as custody support officers.

The noble Lord, Lord Ramsbotham, mentioned in Committee the problem with some offenders making up or exaggerating their service records. We need to ensure that we are able to identify as early as possible offenders with a genuine service history. We will also expect new providers of probation services to provide tailored services for such offenders, including addressing the particular needs of ex-service personnel. My noble friend Lord Ahmad said in Committee that we would not bring forward government amendments in the Bill to create a new veterans’ court. I also want to make it clear that this does not mean that we have ruled out a pilot of the veterans’ court. We have in fact not ruled out anything in this regard. I should also clarify that it is unlikely that a pilot of a veterans’ court would actually need new legislation.

What we need to do is give some careful thought to the best way to support ex-service personnel in the criminal justice system. It is clear that the amendment is designed to enable the Government to make a further commitment to look at the issue of veterans in the criminal justice system, and that I am happy to do. It remains unclear whether the proposal is to create a body to divert, where possible, ex-service personnel from the criminal courts or a criminal court with specifically experienced judges—more akin to a drugs court or a youth court—or whether it is a body designed to oversee the rehabilitation of ex-service personnel offenders sentenced by the criminal courts. Further work needs to be done on this matter, but I hope that, due to the way I have responded, the noble Lord will accept that we are being constructive.