My Lords, the noble Baroness, Lady Jones, has already expressed the worries from home educators and why she is opposing the clause standing part. My queries are more probing as to whether these clauses and the schedule should stand part.
On Clause 49 on school attendance orders, many Peers have already raised a surfeit of problems during the debate. Unlike the current system on the government website that I described, there is no sense of a ladder of penalties, of support between each stage before progressing on, or how local authorities will work as constructively as they can with parents and pupils before the process for school attendance orders kicks in. I know that the Minister said before the break that the guidance will talk about support. The problem is that, if that guidance is not in the Bill or referred to in the Bill, it might easily be missed and ignored.
On Clause 50 and failure to comply with the school attendance order, I want to come back to something the Minister said at the end of the debate on the first group. I am sorry, and I appreciate that the Minister is probably getting frustrated by this, but I have frustrations myself. She said in response to my question that prison terms were increasing from three months to 51 weeks because magistrates’ powers were now being increased from three months to 51 weeks. In fact, the current maximum is six months. It is going up to 51 weeks, but it is not currently three months. I was slightly bemused by that.
Usually, a maximum prison sentence is defined by the level of the offence, not the sentencing power of the court that is going to hear it. That is exactly why I quoted examples of crimes that would receive sentences of up to six months—threatening someone with a weapon or a second offence of possession of a gun. The example that I gave of a 12-month sentence—I appreciate that 51 weeks is not quite 12 months—was of very serious harassment and stalking, over an extended period, which involved a large team of police investigating over many months, not to mention the distress it caused to the 30 people who were the targets.
I am hearing from the Minister’s response that the drafters decided that, because magistrates will have the opportunity to sentence a convicted criminal to up to 51 weeks, that should be in the Bill. There are three worries and three groups of people involved in this. First and most importantly, what is the impact on children of a parent, especially if it is a single parent, going to prison? For three months, a temporary foster placement or possibly a short-term placement with kinship carers might be possible, but social services view a 51-week sentence very differently, even if the parent comes out after half the sentence has been served.
The second is the impact on prisons. We already know that our prisons are overcrowded. I have no idea of the numbers the Minister thinks are likely to be involved, but it might be useful to have an indication. The third is the impact on the parent who is themselves imprisoned. I ask the Minister if the Ministry of Justice has said that it is content with lines 18 to 20 in Clause 50 and this new, much-increased maximum sentence of 51 weeks.