Rehabilitation of Offenders (Amendment) Bill [HL]

My Lords, I offer my congratulations to the noble Lord, Lord Dholakia, who is a tireless campaigner for the rehabilitation of offenders. He is to be thanked for producing this Bill. The premise is relatively straightforward: the Bill amends the 1974 Act so that rehabilitation periods for various types of offences are reduced, meaning that the conviction will be considered spent sooner than is now the case. For example, a sentence of borstal training currently has a rehabilitation period of seven years, whereas under the noble Lord's proposals that would be reduced to two years plus a buffer period of two years. I see that the noble Lord nods, so I obviously have got that part right. The noble Lord has drawn on the work of the Prison Reform Trust and the Howard League for Penal Reform, bodies which have long been highlighting one of the biggest problems with prisons and the criminal justice system, which is that they appear to do precious little to prevent recidivism. Among adult offenders, the rates for reoffending within two years are about 65 per cent, while for young offenders between 18 and 21 they are in the mid-70 per cent and for 15 to 17 year-olds the figure is over 80 per cent. There are many reasons to criticise the Government, but it must be one of their most damning failings that, despite the creation of 3,000-odd new offences and a deluge of criminal justice legislation which has poured forth from the Government—the noble and learned Lord, Lord Woolf, has referred to it in the past as a torrent of legislation—they have not checked reoffending rates. The very fact that we are debating the noble Lord's Bill today is evidence of that. The noble Lord, Lord Dholakia, was highly critical of the inhibiting effect that a conviction can have. He argues that the rehabilitation periods are far too long and act like a millstone, preventing ex-offenders from making a fresh start. We have considerable sympathy with that position; we believe that the best way to ensure that an ex-offender does not become a reoffender is to offer them the chance of stability which, crucially, means employment. We do not wish to see unnecessary obstacles placed in the way of reintegrating offenders into society. It may be that the time limits set out in the 1974 Act are too long; it is 35 years or so since that Act was past, and it is correct to say that we need some fresh thinking in this area. However, the noble Lord’s approach, in taking a scythe to them and halving them, is possibly oversimplistic. I wonder whether we need a slightly more nuanced approach, adopting flexible periods, tailored to meet the needs of offenders and society at large. None of us has an interest in encouraging recidivism, but there is much to be done in this area and much to be looked at if this Bill passes Second Reading and we go on to Committee. I also believe, as the noble Lord, Lord Ramsbotham, said, that we have a very extensive debate on the balance between resettlement and protection. We hear a great deal about the Criminal Records Bureau and the Independent Safeguarding Authority, which seems to have its tentacles round virtually every person doing voluntary work in the country. As the noble Lord, Lord Dholakia, made clear, it is obviously right that we need appropriate protection and that people convicted of child offences should not seek employment again in that field for a considerable period, if ever at all—and there would be other examples. However, I have a sneaking suspicion that the balance there is wrong and needs looking at, and this Bill may provide some small chance to have part of that debate. It is a debate that will have to take place in due course, and I would welcome the Minister’s comments when he comes to reply on that balance between resettlement and protection. I congratulate the noble Lord on getting his Bill, among so many other Private Member’s Bills, before the House for debate today. He is right to give the Government pause for thought. We need to look at our rehabilitation laws. Whether it is appropriate for that to be done by a Private Member’s Bill is another matter, but it certainly provides for a welcome debate, and we look forward to the Government's response and to debating the Bill further in Committee at a later stage.