My Lords, 10 days ago, a number of us debated in this House the Second Reading of the Age of Criminal Responsibility Bill, introduced by the noble Lord, Lord Dholakia. I commend some of the things that were said then about the ability of children of the age of 10 to comprehend fully all the businesses of the criminal justice system when they were motivated against them. During the debate I cited the fact that the well known 10 year-olds Thompson and Venables, responsible for the murder of Jamie Bulger, were said by the psychiatrist involved in the case to have a developmental age of four.
You cannot expect a child with the developmental age of four to be able to comprehend exactly what is involved in the criminal justice system, whether it is an injunction, which does not carry a criminal record, or an anti-social behaviour order, which does. I am glad that the noble Lord, Lord Greaves, introduced age very early in this Bill, because all the way through we ought to have at the back of our minds that we are talking about anything to do with children of the age of 10.
We are way below the United Nations recommendation that the age of criminal responsibility should be nearer 15. We are way below what happens in Scotland and countries such as China. I am not sure that it is
civilised to throw the criminal justice system at children of 10. Therefore, while I am glad that the intention is not that the injunction should carry a criminal record, we ought to take seriously the question of whether 10 is an appropriate age to start whatever process we have, because within society there should be other ways of doing it. I know that these are not very satisfactory at present, but let us not forget the conditions in which a lot of these children live their lives. I have always thought that it was unfortunate that Mr Blair, in his famous statement about being,
“tough on crime, tough on the causes of crime”,
rather lost sight of being tough on the causes. It seems to me that we have to get to grips with the causes, as much as anything else, when we propose the injunctions and so on that we are talking about.
The other thing that concerns me is that we have here a Home Office Bill that talks about children, while in the Moses Room we have the Children and Families Bill, which also talks about children. We learn there that the Department for Education is not actually the key organisation in the development of children initially, but the Department of Health. Then we find that the Department for Work and Pensions has a role to play in all this, as, of course, does the Department for Communities and Local Government. Therefore all sorts of initiatives are going on, all aiming at the same thing, which lack co-ordination. I feel that there ought to be a Minister of child development in the Cabinet Office, responsible for pulling all these threads together, otherwise we will go charging off in a lot of directions, which will be unco-ordinated, and the casualties will be the very people whom this Bill claims to protect.