My Lords, I hope that my iPad performs better on this occasion. My amendment would give 17 year-olds detained by the police the right to be held in local authority accommodation rather than overnight detention in a police cell. I tabled amendments to the same effect in Committee and during that debate I explained the importance of the matter. I was grateful for the sympathetic response from the Minister at the time and for his letter in July which laid out the timetable for the Government’s response to this question.
I will not repeat all the arguments other than to say that children under the age of 17 already have the right not to be detained in a police cell, but to be transferred to a local authority bed. Those aged 16 and under are already protected from being placed in police custody, an unsuitable and detrimental environment for the overnight detention of children. The recent tragic cases where teenagers have died after being treated as adults while at the police station remind us all too well of this fact. The UN Convention on the Rights of the Child is clear that 17 year-olds are children. However, the Police and Criminal Evidence Act 1984, known as PACE, which governs the operation of police stations, is currently inconsistent on this point. It is this Act which I am seeking to amend, specifically to enable 17 year-old children to access local authority accommodation.
In his reply in Committee, the Minister explained that the Government were holding an internal review of all the legislation where 17 year-olds are treated as adults in the criminal justice system. He explained that the review included looking at the necessary consequential amendments that would result from the proposed
change in the law, and that the Government would need to ensure that such a change was workable. He concluded by saying:
“While this is clearly an important issue and one that the Government take extremely seriously, for the reasons I have given I am unable to commit myself to having an answer by Report. I hope that we will have, but I am afraid that I am unable to give that commitment”.—[Official Report, 23/7/14; col. 1205.]
I have tabled this amendment in the hope that the Minister might possibly be in a position to give the answer he hoped to have. I note from his letter in July that in fact the timetable he has set would give us a result in the spring of next year, but I hope that just possibly the Government have moved faster than he expected, because this needs to be addressed as soon as possible.
The charity Just for Kids Law has told me that it understands that the Home Office PACE strategy board, comprised of the police, civil servants and other relevant parties, has now met a number of times and that the last meeting of the board was held on 22 September. I am told that the charity has had sight of the minutes of that meeting and that civil servants have committed to submitting to Ministers an amendment to transfer 17 year-olds from police cells to local authority accommodation. As I say, I hope that the Minister might have some good news for us tonight. Is he in a position to confirm that this work has been done and, if so, can he tell the House that the Government are in agreement that this is the way to proceed now?
The Bill provides an ideal opportunity to amend PACE with regard to 17 year-olds as recommended by the internal review, and I hope that the Government will take it. I believe that there is a need to act with some urgency to ensure that there are no more teenage suicides as a consequence of their time in police custody. Since 2011 there has been one suicide a year where children were treated as adults at the police station. I am concerned that this issue should not be kicked into the long grass, as it has been in the past. In 2010 the Government committed to extending the appropriate adult provision to 17 year-olds, but it took seven years and a court decision before anything was done. In the interim, two children died after being treated as adults in police custody. The parents of Joseph Lawton, a successful and popular A-level student with no mental health problems, believe wholeheartedly that his suicide was the consequence of being kept in a police station overnight and their not being informed of what was happening. This simple amendment could prevent the death of another bright and successful child. The House should not forget the potential consequences of not amending the legislation. We owe it to the devastated parents who have campaigned on this issue and to all children. As parliamentarians, we have a duty to protect them and we should act as soon as possible.
Beyond children themselves, the people this change will impact on the most is the police. They support the change and have said this to the Home Office. I have also seen an e-mail on behalf of the national policing lead, Dawn Copley—who is also assistant chief constable of Greater Manchester Police, the area where all three 17 year-olds died—stating that,
“it is the National Policing position as held by Dawn Copley who is the national lead for Custody that PACE should be changed so that 17 year olds are treated as children in all the provisions of the Act”.
Given the importance of the issues at stake, with the police and bereaved parents stating that they are in agreement for change, and seeing the Government’s own independent review advising them the same, I hope that the Minister will indicate that the Government are able to support my amendment tonight. I beg to move.
9.15 pm