Orders of the Day — Criminal Justice Bill

Part of the debate – in the House of Commons at 4:21 pm on 20 November 1990.

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Photo of Mr Roy Hattersley Mr Roy Hattersley , Birmingham Sparkbrook 4:21, 20 November 1990

Of course, all sentences are punishment in part. In the debate about the prosecution of alleged war criminals, I spent the first part of my speech describing what I regarded as the seven principles by which alleged offenders were brought to trial, and the reasons why trial and sentencing were right. One of the classic reasons is punishment, another is retribution. My complaint is that the Government talk as though punishment were the be-all and end-all of the process, not one seventh of the intention, but six sevenths or the entire operation. It is a complicated point, but, if the right hon. Gentleman thinks about it, I think that he will understand.

I am opposed to language such as "restrictions on liberty." If it becomes the task of the probation service to administer such punishment, its more creative activities will be harmed and possibly destroyed. That is one of our objections to clauses 11 and 12, though not our principal reason for opposing.

Electric tagging would be a farce if it were ever implemented in this country. We have read encouraging reports in serious newspapers that, while the Government feel that they must save face by going ahead with the clauses, they have no intention of implementing the proposal. I hope that the Minister of State, as I understand it, the only true begetter of the scheme——