Legal Aid, Sentencing and Punishment of Offenders Bill

My Lords, the Minister said in his opening remarks that he was in an unusual situation in that he was responding to a debate that had not overtly attacked the Government or him. I am in a novel situation as well, having had the Minister’s response. I thank everyone who has taken part in this short debate. It has been very worth while. I pay tribute to the work undertaken by my noble friend Lady Howe in this whole area, but particularly in the context of today’s report on stalking. I am very grateful for her comments. The noble Lord, Lord Clinton-Davis, has doubts about whether the amendments add very much to the law. The pressure that we have had as the tablers of these amendments has come from professional probation workers, who are at the sharp end and feel that a change is necessary. Whether that change is correctly encapsulated in these amendments may be another question. It may be that further guidance can be given to meet some of these points, but an issue certainly arises, otherwise there would not have been the wealth of examples. I could have quoted a dozen or more most moving examples that need the attention of Parliament. Today’s report on the reform of the law on stalking by the independent parliamentary inquiry contains five recommendations that are directly relevant to the points covered by these amendments. I was grateful to the Minister for saying that he will give further thought to the amendments in the context of the debate we had last night as well as in that of the report, which add up to a need to give attention to this. The noble Lord, Lord Thomas of Gresford, gave a very graphic example from direct personal experience. Quite clearly there needs to be some guidance to avoid some of the dangers he outlined in the context of videolinking. Whether that can be done by law or needs to be done in other ways, it is not a satisfactory situation and I can well understand how he feels about it. The noble Baroness, Lady Farrington, referred to the severity of events not always being properly taken into full account. I can well understand that. The severity, the incidence and the whole background need to be taken into account before proper judgments can be made. My noble friend Lord Elystan-Morgan spoke from his immense experience as a judge and a barrister. He emphasised the need for previous history to be available in determining appropriate sentences. Quite clearly, the history is a guiding factor in determining what is or is not appropriate. On dependants, he emphasised the need for courts to consider the totality of the case and the implications that the sentence would have in that totality of circumstances. The noble Lord, Lord Faulks, questioned whether the courts are neglecting their duties. I imagine that most courts strive in every way they can to undertake their duties and to meet the requirements but, as always, safety nets in law are necessary when there could be courts that fail to do so. I refer to the evidence that has been sent to us by those who are involved in detail on these questions. I am sure that the Minister will take these points on board. The noble Lord, Lord Howarth, asked me whether the intention is that the amendment should apply to magistrates’ courts. It was the intention that it should apply to both Crown Courts and magistrates' courts, but if there are problems here, by all means let us have a look at them. There might be problems with the workload on the courts and the nature of the courts. That might raise the question of which court is most appropriate for some of these matters. These are questions that no doubt the Minister will be willing to consider. I thank the noble and learned Lord, Lord Judge, for being a supporter of these amendments. He referred to the need for rehabilitation and therefore for maximum information to be available to facilitate that purpose and minimise future crime. That must always be our objective. I thank the noble Lord, Lord Beecham, for his support for these amendments from the Front Bench. He emphasised the degree of self-harm among women in prison. This must be very high in our minds as we address these questions. I thank the Minister for his offer of discussions and further meetings to consider the implications of these amendments in the context of other developments. I am sure that the noble Baroness, Lady Gould, will be delighted to accept that offer, and on that basis I beg leave to withdraw the amendment. Amendment 175 withdrawn. Amendment 176 not moved. Clause 61 agreed. Moved by