Queen’s Speech

Debate (5th Day) (Continued)

My Lords, we return to the Queen’s Speech and I shall concentrate my remarks on the criminal justice aspects of it. My interests are well known and listed in the register: I was the co-founder of Catch22, of which I remain a vice-president; I was the chairman of Crime Concern for 15 years; and I am a regular prison visitor.

When the Prime Minister became Prime Minister and appointed the Home Secretary, the two of them were to be found rushing around the country with popular newspapers in tow seeking to grab as many headlines as possible about being savage and unkind to prisoners. It sounds like a good piece of election rhetoric to inflict as much injudicious pain as possible on those whose crimes are well known, but it is very petty policy. It is intended to reassure the public that the Government are tough on the nasty people but it comes from a nasty place. It comes from wanting to make us, in effect, more fearful and therefore to trust government institutions.

We do not need to spend more time in this House or over any part of the years to come on the subject of building new prisons and adding more prison places. We all know that our system is broken and does not work effectively. We incarcerate far too many people, we lock them up for far too long, and we ensure, by the bad manner in which we hold them behind bars, that very few are effectively rehabilitated and that they do not return to society as sound citizens. Our rehabilitation rates are poor and the return-to-prison rates far too high. What we really required in the gracious Speech was the recognition that we need to learn from other parts of the European Union and Latin America that are closing prisons, reducing the number of offenders who go to prison and moving towards civilising and supporting individuals with their mental capacity, their ability to learn and educate, and the option to contribute, again, as responsible citizens.

One thing that I have learned in my now extensive and very regular prison visits in the south of England, particularly in Kent, is that after a few years many of the men locked away for extensive periods learn the hard lessons of their foolishness and victimisation. However, under our system we are committed to retain them behind bars for maybe 20 or 30 years, paying an extensive cost, estimated to be between £48,000 and £50,000 a year—more than it costs to send a child to Eton—and, for young offender institutions, between £80,000 and £120,000, which, again, is a multiple of what it costs to send a child to the most expensive and some of the best private schools in the country.

Therefore, this multibillion pound system, which is piling on more people and more young offenders and regularly returning many more to prison, is simply not delivering success, opportunity, fairness or justice. It is not good policy to go around beating up those who are already destitute by their own failure and, on many occasions, are very highly repentant and determined to be responsible citizens of the future. Instead, we need policies committed to returning them safely to society and we need their support, as taxpayers, as contributors to the strong society that we all need.

I hope that the Minister will consider, and maybe reply, on the thought that it is about time that we had a royal commission to consider the nature of sentences, particularly for serious crimes, the length of those sentences and how the rehabilitative process should be better undertaken, learning the lessons of countries—especially Nordic countries—that have moved to much more open prison policies and offer educational and emotional support, dealing with fundamentals such as drug abuse and mental pressure issues, and taking the savagery out of a system that is not delivering us a safe society.

The comment in the briefing provided to us by the Library from Frances Crook, the chief executive of the Howard League for Penal Reform, could not say it better:

“This is not about protecting victims. This is not making communities safer … it adds to increasingly punitive rhetoric emanating from government. The tenor of the debate on crime and punishment seeps into the public discourse insidiously. At a time when the nation is already divided and increasingly angry, adding this fuel to the fire is irresponsible”.

Therefore, we need a royal commission to at last open up this question and stop fearing the tabloid headlines, which just want to say, “Push them away more firmly”. I noted the Prime Minister’s visit with the Home Secretary to a prison in, I think, Leeds, where they rushed along the corridors and did not talk to any prisoners in an attempt to understand the reality of their lives, instead standing with prison officers and pointing out how dreadful the people behind bars were. They are citizens—members of our communities—and they will return to our communities. If we do not deal with them properly, they will repeat their crimes at great public cost. We have to learn from the pattern of failure.

I want to make a quick comment on the stop and search extension proposed under the legislation. I have said many times in this House that it is downright folly. Coming from one of the ethnic minority communities—a black community—and knowing many young men who have been stopped and searched, I can tell your Lordships that this does not drive an effective approach to safety or policing; it builds phenomenal resentment and causes additional unhappiness and crime, and of course it is an inappropriate way to handle young men.

My Lords, I am grateful that the gracious Speech indicates that the Government intend to put more resource into the criminal justice system and the police. The difficulty is that I am not convinced by the strategy and am rather more with the noble Lord, Lord Hastings. However, I do not support the idea of a royal commission, simply because it would recommend only what it thought was politically possible. I think that people like me and the noble Lord, Lord Hastings, need to push for much more drastic reform.

During a recent debate introduced by the noble Lord, Lord Ramsbotham, I told the House that I have spent the last two years, among other things, taking a very close look at the UK’s prison system. I also said that I have concluded that the system is hopelessly and fundamentally flawed.

Your Lordships know perfectly well that minor offenders can sometimes go on to commit very serious offences unless the pattern of behaviour is halted early. For these younger prisoners—those younger than 26 to 30—it is essential that the causes of their offending are addressed. Very often these are illiteracy and innumeracy, coupled with a lack of hope, pride and self-discipline. That is why I proposed a new sentence of being “Detained for Training” at Her Majesty’s pleasure, or DFT for short. Release would depend on achieving the required standard of literacy, numeracy, trade training and personal conduct as an alternative to being incarcerated for a set period predetermined by the court—something that the noble Lord, Lord Hastings, touched on.

Offenders on DFT would not necessarily be accommodated in a classic prison building, and I suspect that I share some thinking with the noble and learned Baroness, Lady Butler-Sloss. Furthermore, the term “personal conduct” would include abstention from substance abuse. There would have to be a cap of, say, five years for those who still did not want to comply.

My Lords, I draw the House’s attention to my interest in the register as a vice-president of the Local Government Association. I also join other noble Lords in thanking the noble Lord, Lord Bourne of Aberystwyth, for the great work he did as a Minister and his co-operative way of working on local government and inclusion, which was welcomed across the House.

This debate is taking place at a time of great strain for the fabric of the areas and regions of the United Kingdom, but I suggest that Brexit is a symptom, not the cause, of these strains. It is not the European Union that causes some of us in parts of the United Kingdom to take Pacer trains that are more like garden sheds on wheels; that has over many years created the imbalance in regional investment across the country—in fact, the EU has actually helped at times with regional funds—that has seen a lack of investment in helping businesses equally in this country in terms of IT and other infrastructure; that has been responsible for lack of skills or focus on skills in certain parts of the country; or that has been responsible for the lack or imbalance of regional productivity across the country.

The cause of all this has been a lack of effective—or any—regional policy over the last 30 to 40 years, and Governments of all colours have to take some responsibility for this. When it comes to investment, life chances, life expectancy, job opportunities and a lack of hope, the real causes, as I have said, are the divided country, divided nations and divided regions. If you want to “get on with it” and bring this country together, I suggest that we need to focus on devolution and regional policy. If the Government spend a 10th of the time on this that they do on preparing for a no-deal Brexit, we could start to deal with the real causes of the divides and strains in our nation.

Welcome as the Government’s lines on devolution in the Queen’s Speech are, they are scant on detail. Devolution is not a slogan such as “northern powerhouse”; it is not one person such as a metro mayor; it is not decentralisation from an out-of-date way of doing governance from a central Victorian Government. It is fundamental and systematic change of how our country is governed, where power lies and how power and responsibilities can be used—a much more federal model, pulling down the pillars of a bureaucratic, London-centric model.

My Lords, I declare my interests as a vice-president and former chair of the Local Government Association.

The Queen’s Speech has set an ambitious agenda, and quite rightly so. Life in the communities of this country continues irrespective of the trials and tribulations of the Brexit issue. There is much in the Queen’s Speech that I welcome, as many of the proposals are signs of progress. As we implement these changes, we must ensure that we listen to the needs of our local communities. Because time is short, I will focus on only two issues which I believe my insight into local government leaves me well equipped to talk about: the Domestic Abuse Bill and the devolution White Paper.

Domestic abuse is a hugely important issue, one which I know we all take very seriously. The LGA and others have long supported the need for a domestic abuse Bill. This Bill is a legislative landmark. It will provide the first definition of domestic abuse that is not limited to violence. Women’s Aid has said that it has the potential to create a step change in the national response. I am sure all noble Lords would agree that this is promising.

The creation of a domestic abuse commissioner will also help to raise the profile of this issue and ensure that the momentum behind it continues. For their part, councils will work collaboratively with the commissioner to support good practice across the country. However, I want to highlight that there also needs to be a greater focus on prevention and early intervention, to tackle the root causes of domestic abuse in the first place. Councils are best placed to lead on this agenda, but their ability to provide support services is currently limited by significant budgetary pressures. The Government must ensure that councils, and their partners, are given the resources they need.

Ahead of the Queen’s Speech, the LGA also called for a new devolution settlement. Across the board, services can be delivered better when councils have the freedoms and funding to make local decisions. Devolution is the key to progress for local communities. The Prime Minister has shown his commitment to the devolution agenda and I welcome the Government’s proposed White Paper. It is particularly important as there have been no new devolution areas agreed in the last two years. When deals have been agreed, we have seen a focus on cities and individual negotiations. With this White Paper, we must go further. The mayoral combined authorities have already begun to demonstrate the real, tangible benefits of devolution, but that model does not suit everyone. We cannot continue to leave the rest of the country behind.

My Lords, with the prospect of one or more general elections looming, I want to grasp the opportunity to thank the noble Baroness, Lady Williams, for her excellent work as a Minister in the last, long, two-year Session. She has been courteous, consultative, listening, inclusive and responsive, and I hope she will continue to be a Minister for a long time to come. That is not just cupboard love in the hope that I get a good response to the comments I am about to make.

My first point is about Brexit and national security. A few minutes ago, we heard from the noble Lord, Lord Callanan, that every effort is being made and discussions are taking place to ensure that national security is not affected. I am afraid I do not accept that matters have gone beyond those discussions. The Minister and the Government should be ready to come to Parliament if they need more legislation to ensure that the security services and the police can command the data they need and have new treaty guarantees to strengthen our relationship with the not-always-successful Interpol, to replace the loss of European Union institutions.

My second issue relates to imprisonment generally, and I broadly agree with the very eloquent comments of my noble friend Lord Hastings and the noble Earl, Lord Attlee. I am a former president of the Howard League for Penal Reform, an interest I should have mentioned earlier. Generations of research demonstrate that longer sentences, fuller prisons, reduced parole opportunities, diminished prison education and other cuts are absolutely no way to relieve the tensions caused by crime. I urge the Government to develop a mature and considered prison policy rather than one founded on soundbites prepared ahead of an election, as we have started to hear.

My third point relates to the youth courts. In 2014, a committee of parliamentarians assisted by the Michael Sieff Foundation and others produced a report on the youth courts. I had the privilege of chairing the committee. A significant colleague in our unanimous recommendations was one Robert Buckland, now the Lord Chancellor. Our conclusions were welcomed by the then Lord Chancellor, Michael Gove, and the signs of support from the Youth Justice Board were encouraging. However, repeated ministerial changes have left a frustrating sense of stasis. To focus on just one example of our many recommendations, we identified a lack of relevant experience in representation offered in youth justice at both police stations and courts. The cases themselves are often uncomplicated, but the defendants are usually very complicated indeed, with multiple co-morbidity of social problems, mental health problems and, sometimes, physical health problems. I would welcome an indication that these cases—which almost always occur at a key stage in young lives—can be given the priority they deserve. A good starting point would be the funding to commence training programmes and a fit-for-purpose accreditation frame- work for the lawyers who appear in those courts. Too often, the most junior lawyer in a firm of solicitors or a barristers’ chambers is sent to the youth court, with practically no information. It will not do, and it is time we moved on.

My Lords, there is undoubtedly a great deal to welcome and to commend in the domestic agenda set out in Her Majesty’s most gracious Speech, although so far it has all been sadly overshadowed by the vexed question of Brexit. I am, above all, a unionist—not a trade unionist nor an Ulster unionist, but a simple believer in the almost universally popular proverb and motto “Unity is strength”. Clearly there is strength in numbers, and we are better and stronger together. That is principally why I was a remainer on the European question, and why I hope against hope that the resolution of that question will not further drive to divide Scotland from the United Kingdom, weaken the ties between Great Britain and Northern Ireland and encourage separatist tendencies in Wales or even Yorkshire.

But it is not just the devolved nations that demand our attention. Let us not be mesmerised by the last three years of agonising and divisive debate about our future direction as a nation. I think we can all agree that there is now a need to come together. To bring the nation back together through their legislative programme, I believe that the Government should maintain a strong focus on healing the divide in this country—England—between north and south. This is not solely an English issue. If I may, I shall co-opt the devolved nations for these purposes as honorary northerners, which, in the case of Scotland and Northern Ireland, certainly corresponds to geographical reality.

There is a clear divide between the north and the prosperous, powerful region in which we sit, London and the south-east, that erodes loyalties, nourishes resentment, is the enemy of prosperity and stifles the potential of far too many of our people. We hear encouraging noises about the northern powerhouse, but we need so much more than platitudes, promises without timelines or faster trains—yes, more even than HS2. We have created a patchwork of city regions, some with elected mayors, yet we do not seem to have managed to create a unifying voice or purpose that would engage and unleash the latent power of the north.

My Lords, I am delighted to be the fifth northerner in a row in this House to speak. I have looked at the Queen’s Speech and sliced it into three: details of the expected damage that the Government intend to do to the United Kingdom; what they remain committed to; and measures that will be introduced—I suspect that means Bills, laws and our thorough involvement.

I come, first, to damage, on a day when I suspect no damage is being done. The only time I have spoken on the Brexit issue was in a debate on 2 October. I referred to the changes that had taken place since the referendum on 23 June. I said then that 39 months had elapsed; well, now it is 40. The electorate has changed. Many people have changed their minds. The people outside have had one vote; Peers and MPs have had 280 votes on Brexit. Many people have died and there have been 40 months of people becoming 18.

Yesterday, I met a woman who told me that, in her family circle, her father and her aunt had died in the past three years—and they voted leave. She has four nieces and nephews who have attained the age of 18 in the last 40 months. They would have voted remain and would vote remain if there were to be a referendum. I wonder for how long the present Government believe a dated referendum result will still be valid.

I will now look at measures to be introduced. I will speak to a sentence on page 91 of the background briefing:

“A White Paper will be published to set out my Government’s ambitions for unleashing regional potential in England, and to enable decisions that affect local people to be made at a local level”.

There is a bit more information—but not much. I welcome the use of the word “regional”. It is not a word that Conservatives have used; they have shied away from it. Liberal Democrats, being federal minded, have often used it. Indeed, it is part and parcel of our policies.

The northern powerhouse has been referred to. It seems to be a regional project, but it is still difficult to understand. Does the pending White Paper suggest that the northern powerhouse will be subject to any form of legislation? As I understand it, it is just a couple of words, like the “American dream”. I do not think it really means too much. It is a concept that the last Chancellor of the Exchequer but one introduced because he represented a constituency in the north of England.

My noble friend on the Front Bench mentioned Wales not being referred to. I find, looking in detail, that north Wales is part of the northern powerhouse. That seems a strange concept, but there we are. I do not think that the northern powerhouse is what is meant by “regional”, but I would like to bottom it out. If you want to contact it, you will find that it is part and parcel of the department of communities. It does not have a board of directors, a finance chief or a balance sheet. It does not exist in that sense; it is just a strange concept.

My Lords, the designated subjects for today range widely. Other noble Lords have focused on home affairs and justice. I could have talked of the 20,000 new police officers we are promised by 2023, or the £2.5 billion to be spent on new prisons, but that would have taken me into economic territory. I listened to the gracious Speech, and I marvelled as the monarch read out that the Government’s,

“new economic plan will be underpinned by a responsible fiscal strategy, investing in economic growth while maintaining the sustainability of the public finances”.

If the barrage of spending policies that have been made by this Government amount to a responsible fiscal strategy, then Henry VIII had a responsible attitude towards marriage. We should all be alarmed when a former head of the Treasury says, as the noble Lord, Lord Macpherson of Earl’s Court, did in this Chamber last week, that the Government are pursuing,

“a policy of fiscal incontinence”.—[Official Report, 14/10/19; col. 183.]

So I will not dwell on the plans for more police and more prisons. Instead, I will talk about constitutional matters, particularly how we run our elections and the danger that poses to our constitution.

As other noble Lords have said, our unwritten constitution feels to be in a precarious position. Last week in a very powerful speech the noble Baroness, Lady O’Neill of Bengarve, spoke of her concerns about how disinformation campaigning is influencing elections and referenda. Here, I must declare my interest as a director of the People’s Vote media hub. I believe that it is only right that the public should be asked to give their informed consent to the outcome of the Brexit process. I want that referendum, when it comes, to be fought fairly, without the intervention of what she referred to as “cyber troops”. The gracious Speech promised an electoral law Bill, but this seems to be a relatively narrow piece of legislation, dealing with the identification and direct intimidation of voters. This would not impact on the efforts of those organisations that are prepared to put significant resources into secretly influencing the results of votes. These may be wealthy individuals, special interest groups or foreign Governments. While the Government have voiced their commitment to protecting our electoral process from interference from abroad, nothing has been done to temper that. It cannot be right that those with access to large sums of money can buy the services of cyber troops to influence the outcomes of our elections. What steps will the Government undertake to protect the integrity of our electoral processes?

My Lords, I declare a non-financial interest as president of Migration Watch, and remind the House that Migration Watch speaks for 30 million adults in the UK who wish to see immigration reduced. Eighteen million of them wish to see it reduced “by a lot”. For comparison, only about 5.5 million wish to see an increase, so they are outnumbered by rather more than five to one. The views of this very large majority are seldom represented in this House, so I shall focus on that very subject.

The critical test for the immigration Bill foreshadowed in the Queen’s Speech is whether it will achieve a serious reduction in the currently excessive levels of immigration. It is common ground that immigration on a modest scale is a welcome part of an open economy and society. I concur of course with the contributions earlier of the noble Lords, Lord Horam and Lord Hodgson. However, at its present level, immigration is adding, directly and indirectly, 1 million to the population of the UK every three years. One effect of this is to generate a need for 240 homes in England every day. These are extraordinarily large numbers which are not given enough attention.

Yet, despite the scale of immigration, there is no convincing evidence that immigration has increased the UK’s GDP per head, nor that it has increased productivity, which, as noble Lords will know, has been pretty flat for 10 years despite massive levels of immigration.

The noble and learned Lord, Lord Keen, told us today that the Government would deliver on the points-based system which has been promised for many years. Actually, although he does not seem to know it, we have had such a system since 2009. Unfortunately, it failed to ensure that so-called highly skilled workers went into highly skilled jobs. It also led to massive abuse of study visas. Noble Lords will remember that just part of the clean-up operation took several years and involved the closure of nearly 1,000 bogus colleges—this was an extraordinary degree of incompetence. Noble Lords may also have noted the remarks made by Mrs Theresa May in the other place last week, when she urged the new Home Secretary to look carefully at the lessons that have been learned about points-based systems. She should know.