Violent Crime Reduction Bill

moved AmendmentNo. 8: Page 6, line 17, leave out subsections (8) and (9). The noble Lord said: My Lords, at this stage the House might have expected to have heard from the noble Baroness, Lady Anelay, but since she has not moved Amendment No. 6, it is me again. This is the ““name and shame”” part of the Bill. The idea is not simply to make an order, but to publicise it in the press and, I presume, by photographs and posters, if necessary. That may be appropriate for an adult, but we do not think it is appropriate for juveniles. I have already referred to the Children and Young Persons Act 1933. In that Act, significant restrictions were placed on the report of proceedings in which children and young people were concerned. Your Lordships will be aware that even in the most serious cases, the identity of young people was protected both at charge and after conviction. Only with charges such as murder or rape does the judge permit the identity of a person under 18 to be disclosed to the press. That being the case, why do we have the change in the Bill? I was looking to see what was said about publicity in 1932, when the Children and Young Persons Act passed through the House. I could not find the precise passage where it was discussed, but to give your Lordships some idea of the position at the time, the Act abolished the whipping of young people. That received a certain amount of opposition in your Lordships' House. My noble friend the Earl of Glasgow’s forbear, the then Earl of Glasgow said: "““whipping would be a better thing for a boy than being sent to prison. I am quite sure that the noble Viscount””—" that is Philip Snowden, for the benefit of Members opposite— "““himself would never have reached the high position he has reached in the estimation of his countrymen if it had not been for castigation in his youth. What is there against whipping? They say that it has a hardening effect, but when I look round your Lordships' House—and I doubt that that there is any one of your Lordships who has not been whipped at some time of his life—I see no sign of that hardening process among your Lordships””.—[Official Report, 26/5/32; col. 486.]" I think I can say the same thing today. That was the climate in 1932 and in that climate it was decided that it was inappropriate for young people to be subject to publicity and to have their names and identities known. In discussion of that Bill, their Lordships were concerned to reform young people rather than to punish them. Juvenile courts came into being and the procedures were altered to deal with them. The lack of publicity was an important part of it all. This is really red-top newspaper stuff—to publicise young people who are perhaps guilty of disorderly conduct; having their photographs put up in the local pubs or published in the newspaper. Will that reform them? Will it make them better people? Will they be less likely to offend in future? I very much doubt it. I think that the effect of publicity of that sort could be twofold. It could be seen as turning the individual into a local media personality, so that he can bask in the glow of the publicity. Alternatively, it could be seen to be something that damages his future education and career. Whichever it may be, it is wholly undesirable. I respectfully urge on your Lordships that it is appropriate to remove the naming and shaming provisions from the Bill, both on the making of the order—or rather, on conviction following criminal proceedings—and in any other respect. I beg to move.