Orders of the Day — Youth Justice and Criminal Evidence Bill [Lords]

Part of the debate – in the House of Commons at 5:56 pm on 15 April 1999.

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Photo of Humfrey Malins Humfrey Malins Conservative, Woking 5:56, 15 April 1999

My right hon. and learned Friend is right. There is no guarantee that the barrister who is instructed by the court to look after the defendant's interest will do so, try hard though he or she might. I know that the Minister recognises that those are serious matters. I appreciate that they might arise only in a very rare case, but they will need to be examined in Committee.

Clause 40, which deals with sexual offences, restricts the ability to introduce, or to ask questions about,' any sexual behaviour of the complainant. Will the Minister perhaps comment a little more on clause 40(3)(b), which tells us that questions can be asked about the sexual behaviour of the complainant if the so-called parallel behaviour took place at or about the same time as the event in question, and if the similarity between those two sets of behaviour cannot be reasonably explained as a coincidence? What does at or about the same time mean? Does it mean 24 hours? Would it not be wiser and more sensible to have a much wider time frame? Again, the imposition of such a time frame on the court is over-restrictive and will have to be examined again in Committee.

By imposing restrictions on reporting alleged offences involving persons under 18, clause 43 gives much-needed protection, and we welcome it. The right hon. Member for Berwick-upon-Tweed (Mr. Beith) said something about the issue. As always on these matters, he spoke with sense, experience and force. I am glad to see the inclusion of the public interest defence and the factors that contribute to that defence, which strike an appropriate balance, but, again, those matters will have to be examined carefully in Committee.

I began by saying that many youngsters grow up in a difficult world. The fact that a committed number of us are in the House establishes that, across the parties, there are hon. Members who have a passionate interest in our criminal justice system. We all believe that preventing a child from embarking on a criminal career by diverting him from crime and by grasping the problem early is important.

Does the House feel that not just the Home Office but every Department of State has a job to do in relation to young offenders? Those in government and local authorities who have anything to do with housing, education or health can, and must, play some part.

Diversion is important. First-time offenders need to be confronted with the reality of what they have done. I was a member of the Home Affairs Committee when it spent a day with Thames Valley police to learn more about restorative justice. The Home Secretary referred in positive terms to that police force's work. My hon. Friend the Member for Poole referred to the important issue of victims in our criminal justice system, as did the right hon. Member for Berwick-upon-Tweed.

As we learned during the visit to Thames Valley police, restorative justice is all about the conferences' involving young criminals, their victims and their families. My hon. Friend the Member for Poole was right to say, or imply, that making youngsters have contact with the victim—if the victim wants it—does not just help the youngster but helps the victim to overcome the fear that he or she has felt.

I learned about the importance of making a young person realise what pain and suffering a crime can cause. All hon. Members should be impressed by the work of Thames Valley police and hope that it is extended throughout the country, because benefits will undoubtedly result.

I may have doubts about certain parts of the Bill. I wonder whether the costs and sheer bureaucracy of it may be too much. I may be concerned that some parts of the Bill appear to take away powers from the courts and to limit their discretion too much, but none of those concerns is enough to stop me from giving the Bill a broad welcome. It was correct to say, in a spirit of cross-party co-operation, that the Bill may need looking at. I appreciate what the Home Secretary said in that respect. Like us, the Home Secretary and the Minister acknowledge that youth crime must be dealt with by us all in a non-party political way. We can be sensitive and constructive, but I conclude by reminding the House that, above all, youngsters need discipline and strong ethical guidance, as well as the knowledge that, although the law may be there to help, as it should be, it is also there to punish—and to punish harshly when appropriate. We have a big task ahead and I look forward to playing a very small part in it.