New Clause 2 — Rehabilitation of ex-service personnel

Offender Rehabilitation Bill – in the House of Commons at 4:00 pm on 14 January 2014.

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‘The Secretary of State must consult on measures to improve rehabilitation services for ex-service personnel who have been convicted of a criminal offence, and must lay a report on the findings of such a consultation before both Houses of Parliament within nine months of this Act being passed.’.—(Jenny Chapman.)

Brought up, and read the First time.

Photo of Jenny Chapman Jenny Chapman Shadow Minister (Justice)

I beg to move, That the Clause be read a Second time.

Photo of Lindsay Hoyle Lindsay Hoyle Deputy Speaker and Chairman of Ways and Means, Chair, Panel of Chairs, Chairman of Ways and Means, Chair, Panel of Chairs

With this it will be convenient to discuss the following:

New Clause 3—Veterans’ rehabilitation requirement

‘(1) The Secretary of State must by order establish a pilot scheme enabling courts to include a veterans’ rehabilitation requirement in a community order.

(2) A veterans’ rehabilitation requirement may only be used where an offender was previously a member of HM Armed Forces.

(3) A veterans’ rehabilitation requirement must provide for the offender to be referred to a veterans’ rehabilitation panel at the start of a community order, which will put in place a rehabilitation plan for the offender.

(4) An order under subsection (1) must make provision—

(a) about the membership of veterans’ rehabilitation panels; and

(b) to allow for the requirement to be reviewed periodically by the veterans’ rehabilitation panel at intervals of not less than one month.

(5) An order under this section—

(a) shall be made by Statutory Instrument; and

(b) may not be made unless a draft has been laid before and approved by a resolution of each House of Parliament.’.

New clause 12—Building better relationships programmes

‘It shall be the responsibility of the National Probation Service to provide all Building better relationships rehabilitation programmes for male perpetrators of domestic violence where a court makes an order for participation. It shall also be the responsibility of the National Probation Service to provide any programmes that are deemed necessary for short-term prisoners who have been involved in domestic violence.’.

Amendment 7, page 9, line 41, leave out clause 10.

Government amendment 5.

Photo of Jenny Chapman Jenny Chapman Shadow Minister (Justice)

To begin with, I shall briefly mention Government Amendment 5. This welcome proposal deals with the provision of restorative justice as part of a community sentence. I observed in Committee that it had become something of a tradition in justice Bills for the Government to show support for restorative justice and for the Opposition to try to push them a little further. We duly tabled an amendment in Committee that would add restorative justice explicitly to the Bill, with the aim of encouraging its use. The Minister was supportive, assuring the Committee that he would go away and consider the amendment. On this occasion, he has not disappointed us.

There is much cross-party support for the use of restorative justice, not least because of the high satisfaction rates it has received from victims who have been offered it. We know the Government intended that restorative justice would be able to be used as part of a rehabilitation activity requirement, and the Minister has now taken care to add that explicitly to the Bill. I know that Paul Goggins, who spoke in Committee in support of this, would have been very pleased that the Minister has done so. We welcome the amendment and I thank the Minister for the care with which he considered the issue.

New clauses 2 and 3 concern the involvement of veterans in the criminal justice system and stand in the names of hon. Members from both sides of the House. These provisions deal specifically with the rehabilitation of armed forces veterans who become involved with the criminal justice system, aiming to improve the support we are able to give them. The new clauses were tabled last week, since when there has been a flurry of activity from the Government, which I will discuss shortly. I thank all hon. Members who added their names in support of these new clauses, and I am sure they will join me in paying tribute to my hon. Friend Dan Jarvis for his work in raising awareness of the issue.

Most of us, and especially me, can hardly imagine the experiences that some of our servicemen and women deal with on a day-to-day basis, but we all know, and can appreciate, that the transition back into civilian life is not always easy. Happily, most of those who return from service will never need the particular support we are discussing today, but some will. The purpose of our proposals is to ensure that all our veterans are properly supported when they come home. Those making the move back into civilian life can face problems that include: homelessness; drug and alcohol addiction; family breakdown; and mental health difficulties.

The north-east, where my Constituency is, has a proportionately higher level of recruitment to the armed forces than any other region. A collaborative review of the mental health of veterans by north-east councils found that in the younger population—the under-45s—members of the ex-service community were three times more likely to suffer a mental health disorder than the general population. Some of those who fall on tough times upon their return will, unfortunately, become involved in crime or offending behaviour. As Lord Ramsbotham, president of the Veterans in Prison Association, has said, we are often talking about

“the person who has fallen on hard times through trying to come to terms with civilian life and needs particular help to enable them to re-engage.”—[Hansard, House of Lords, 11 June 2013; Vol. 745, c. 1562.]

The intention of our proposal is not to let people off the hook or turn a blind eye to serious offences, but where adjustment does prove difficult, and an individual’s criminal behaviour could be linked to their military experience, we believe that those underlying problems need to be addressed to prevent further offending. The military covenant recognises that members of the armed forces, and their loved ones, can be left disadvantaged due to their service, and veterans have made a unique contribution to our country. As my hon. Friend the Member for Barnsley Central recently put it, the support we offer in return needs to extend to every area of a veteran’s life.

There are varying estimates as to the number of ex-service personnel who are in the criminal justice system. The Ministry of Defence estimates that veterans make up about 3.5% of the prison population, with a similar percentage under supervision in the community. Unfortunately, we have only estimates and unreliable data rather than a detailed understanding of the veteran population, which is an indication of how far we have to go to support those ex-service personnel who break the law.

Photo of Alison Seabeck Alison Seabeck Shadow Minister (Defence)

Does my hon. Friend accept that there was a similar problem in the GP service? People with mental health issues turned up at surgeries but were not identified as former service personnel. Clearly, ensuring that that information is available at some point in the process is important.

Photo of Jenny Chapman Jenny Chapman Shadow Minister (Justice)

It is difficult to develop policy sensibly without having the information to inform decisions. One thing we want to achieve in this debate is a commitment to gather the data that we need to make those decisions in a more structured fashion. The specific issue of rehabilitative services for veterans was first raised in debate on this Bill last summer by Members in Another place. Noble Lords had taken inspiration from the United States, from which we have a lot to learn on this issue, and laid down amendments calling on the Government to establish a pilot of a so-called veterans court. Veterans courts are now quite well known in the United States, but, as yet, we have not used them here.

A veterans court is staffed entirely by ex-servicemen and women, and deals with veterans charged with non-serious offences. As it was explained in the other place, a veteran who has committed an offence can be referred from the trial court to the veterans court. Under the system, the court assigns a fellow veteran as a mentor and systematic efforts are made to help the offender deal with a range of problems with which they are struggling to cope, such as substance misuse, mental health issues, lack of housing, anger management, skills, jobs and family breakdown. Other problems can be addressed in that way. The veteran is expected to attend monthly hearings so that progress can be assessed. Failure to co-operate leads to recall by the trial court and the possibility of a custodial sentence being imposed. The reported results of the courts are extremely impressive. The state supreme court in Pennsylvania reports an average reoffending rate for courts in its counties of just 1%. In other reports, rates vary from 10% to 30%, which is substantially lower than rates for custodial sentences.

Photo of Elfyn Llwyd Elfyn Llwyd Shadow PC Spokesperson (Wales), Plaid Cymru Westminster Leader, Shadow PC Spokesperson (Constitution), Shadow PC Spokesperson (Foreign Affairs), Shadow PC Spokesperson (Home Affairs), Shadow PC Spokesperson (Justice), Shadow PC Spokesperson (Defence), Shadow PC Spokesperson (Environment, Food and Rural Affairs)

I am interested in what the hon. Lady has to say. In 2008, I went out, as an adviser to the Howard League, to see the courts in action. The first such court in the United States was in Buffalo, New York state. Currently, eight years down the road, it still has a 0% reoffending rate, which is absolutely incredible.

Photo of Jenny Chapman Jenny Chapman Shadow Minister (Justice)

The right hon. Gentleman clearly has a great deal of experience and expertise in this area. I am heartened by what he has said, which makes the idea of veterans courts all the more compelling. Since the first court was opened, the programme has been replicated across the country, and a number of states have passed legislation providing for the state-wide establishment of such courts. One has introduced changes to allow veterans to be diverted, where appropriate, into treatment rather than prison. That is the mark of simple, systematic support that can make a life-changing difference to an individual.

New clauses 2 and 3 are the starting steps. They aim to start our catch-up with the US and other nations. New Clause 3 provides for a pilot of a variation of the veterans court to be trialled in the UK. New clause 2 requires a wide-ranging consultation on the issue as a whole. Both new clauses are reasonably small asks and, if passed, would offer the chance to learn more about the particular needs of veterans and how best we can support individuals to prevent future offences.

New clause 2 would provide that the Secretary of State must consult on measures to improve rehabilitation services for ex-service personnel and must lay a report on the findings before both Houses of Parliament within nine months of the Act’s being passed. The benefits of a consultation are quite clear. It will allow us to get the data, to think about the best ways of screening for veteran status and to consider the international comparisons for best practice—the list goes on. It will also give us a platform to consider some of the less straightforward issues. I do not deny that such issues exist, and we will not press either new clause to a vote this afternoon as they are complex. However, such issues include the questions of who we consider to be a veteran and how we define a veteran. A veteran can be anyone ranging from a 23-year-old injured in Afghanistan to a 90-year-old honoured for world war operations, and there are certainly differences that should be considered between a recruit who dropped out of basic training early on and a soldier who served for years. We should be more clear in our minds about exactly what a veteran is.

Pre-empting the support that I am sure such a measure would have received from both sides of the House, the Justice Secretary chose to show his support early by announcing over the weekend a review, to be led by Rory Stewart, that will consider the reasons that lead to some veterans ending up in the criminal justice system. That is clearly a welcome announcement, although I cannot help thinking that we are a bit light on detail. Does the Minister plan to make a statement as well as issuing a press release? We would be interested in a bit more detail. Notwithstanding the fact that it was the press rather than this House that was briefed on the terms of the Government’s review, I hope that the Minister will be happy to offer some assurances and a little information about the detail this afternoon.

Will the Minister assure the House that the review will consider how best to support veterans who come into contact with the criminal justice system as well as the reasons they become involved? Will he also assure the House that his review will consider international comparisons and how other nations support those who have served? Furthermore, will he tell the House how long he expects the review to last and when we can expect to hear its findings?

As new clause 2 asks no more of the Government than they are apparently already planning, am I right to think that they might be happy to accept new clause 2 and fulfil a statutory duty to consult on this specific issue through their review? I suspect, looking at the Minister, that that might be a step too far for him.

New clause 3 would provide for a veterans rehabilitation requirement to be piloted as part of a community sentence. That would act as a simple variation of a veterans court. I sometimes think that calling it a veterans court is a bit misleading, as it could just as well be called a veterans panel. The new clause would provide for a veteran who received a community sentence to be immediately referred to a veterans panel that included representatives of probation services as well as experts on veterans’ health, resettlement and rehabilitation. The panel would put in place a programme of rehabilitative support for the offender and would request to see him or her at regular intervals to check on progress. We are keen that a pilot should take place, which would not only signal a commitment to act on the issue but would begin to build up an evidence base—we like evidence bases on the Labour Benches—and experience of what works with our armed forces.

Photo of David Anderson David Anderson Labour, Blaydon 4:30, 14 January 2014

Does my hon. Friend agree that the experience in the United States shows that when such cases go through the courts the judge dictates how the person should be helped? The judge makes the point to the other key agencies that they have responsibilities to the person. For example, if the housing people or health people are failing, the judge can have a go at them. That makes things work much more effectively than saying, “Let’s just sit down and talk about this,” as it provides some direction.

Photo of Jenny Chapman Jenny Chapman Shadow Minister (Justice)

I agree with my hon. Friend, who has knowledge and expertise in this area. What he says could apply to any offender, as many of us are concerned that judges are not always as aware of the outcomes of the decisions they make as they could be. This particular idea would also help in that regard.

That might also start to make a world of difference for servicemen and women struggling to find their feet after their service to the rest of us. The Minister’s consultation is welcome, but we would like a commitment from the Government that action will be taken to trial and improve services for veterans who enter the system. As the noble Lord Beecham put it eloquently in Another place,

“we should… not allow another situation to develop in which sentiments are pronounced but nothing much happens.”—[Hansard, House of Lords, 11 June 2013; Vol. 745, c. 1565.]

I thank the House once again for the wide-ranging support on the matter and look forward to the Minister’s reply. We will not press these new clauses to the vote, but I would like him to respond carefully to what we have said and give us more assurances than he has given so far on the review he has begun.

Photo of Rory Stewart Rory Stewart Conservative, Penrith and The Border

I wish to speak to new clauses 2 and 3. As Jenny Chapman has just pointed out, the Secretary of State has asked me to lead a review into these matters. I would like to pay huge tribute to Mr Llwyd and Dan Jarvis for the work they have done on that. There has been a very good cross-party focus on the matter over the past few years, and I have a huge amount to learn.

Photo of Oliver Colvile Oliver Colvile Conservative, Plymouth, Sutton and Devonport

Is my hon. Friend aware that the Northern Ireland Affairs Committee visited Washington last summer and saw at first hand some of the stuff we are talking about? Is he willing to take evidence from some of the Members who were on that trip to ensure that it is included as well?

Photo of Rory Stewart Rory Stewart Conservative, Penrith and The Border

I would be delighted to do that. My hon. Friend’s Intervention reminds me just how much expertise there is in the House. I see that there is an enormous amount of expertise on the Opposition side of the House. He has a great deal of expertise on the matter, as do many other Members in the Chamber this afternoon.

We need to focus on this for three reasons: first, because we have an obligation towards individuals in the criminal justice system as a whole; secondly, because we have a huge obligation specifically to those who have served in the armed forces; and thirdly, because we have an obligation to society as a whole. The US experience suggests that there is something we can do. It is unusual in such a situation to find that we have concrete levers that might be able to improve our relationship to reoffending.

There already exists enormous expertise, for example in the Howard League for Penal Reform, Combat Stress and the Royal British Legion, and in the work that has been done by all the forces charities—29 different forces charities are currently working on the issue. There is also deep expertise in our universities. For example, King’s College London has done an enormous amount of work on some of the trauma elements, and in the past 24 hours I have been contacted by seven doctoral students doing theses on these issues. I hope not to try to reinvent the wheel, but to learn an enormous amount, including from Opposition Members, to make this as much of a cross-party enterprise as possible and to bring in the expertise that is here.

Photo of Alison Seabeck Alison Seabeck Shadow Minister (Defence)

I look forward to the results of the work that the hon. Gentleman is undertaking, which I know he will do with a great deal of care and intelligence. We are talking a lot about trauma and front-line experience being among the key issues, but surely the institutionalisation of young men in particular has an impact on how they behave when they come out. That must also be part of his review.

Photo of Rory Stewart Rory Stewart Conservative, Penrith and The Border

That is a very important Intervention. First, essentially we need to be looking at the base data. We need to understand what exactly is happening because, as hon. Members have pointed out, we do not yet have enough data on that. Secondly, we need to look at the causes of the incidence of offending and reoffending by people who have formerly been in the armed forces. Thirdly, we need to look at our response. In doing that, we need to be absolutely sure that we are not stigmatising. We must make it absolutely clear that we are not trying somehow to portray people who have been in the armed forces as more likely to offend. In fact, a lot of the data suggest that they might be less likely to offend than those from similar socio-economic backgrounds. We need to get that clear. It is important in terms of the recruitment and employability of people leaving the armed forces.

On the specific issue of causes, most of the research, according to my preliminary reading, suggests that the hon. Lady is absolutely right that there are different elements, one of which may be experiences before people join the military. For example, people who join the infantry tend, comparatively, to come from disadvantaged socio-economic backgrounds. A second element is experiences in the military, such as combat stress, and another is that raised by the hon. Lady, namely the question of what happens when individuals leave the military and go from what for many of them may be a very fulfilling institutional framework in which they feel a strong amount of team work and esprit de corps, to suddenly finding themselves in an environment in which perhaps less support exists.

That said, people coming out of the armed forces already benefit enormously from the forces charities and even from individual regimental associations, so we should not underestimate the amount of support that exists or try to reinvent the wheel.

Photo of Oliver Colvile Oliver Colvile Conservative, Plymouth, Sutton and Devonport

Will my hon. Friend also recognise that in the United States of America all veterans are given a mobile phone when they leave the military and receive a couple of telephone calls during the following six months to a year, which means that there is permanent contact?

Photo of Rory Stewart Rory Stewart Conservative, Penrith and The Border

That is a good point on which to conclude.

Photo of Rory Stewart Rory Stewart Conservative, Penrith and The Border

I can see that the hon. Lady wishes to intervene and I will let her do so.

Photo of Sylvia Hermon Sylvia Hermon Independent, North Down

I am grateful to the hon. Gentleman for taking an Intervention from me as a Member who represents a Constituency in Northern Ireland. I know that he will be very sensitive to the role of the British Army in Northern Ireland, which has in the past been very divisive for some sections of the community. May I urge the hon. Gentleman to bear in mind, when he does his research in Northern Ireland, that former members of the Royal Irish Regiment and the Ulster Defence Regiment are very reluctant to raise their profile, because they are anxious not to be targeted by dissident republicans? I would be keen to meet the hon. Gentleman when he comes to Northern Ireland to do his research and to be as helpful as I possibly can be. I am sure I speak for all Members who usually sit on these Benches.

Photo of Rory Stewart Rory Stewart Conservative, Penrith and The Border

I thank the hon. Lady very much for her offer and I would love to take it up.

On the penultimate Intervention, the provision of mobile phones is a simple example of a very important point that every Member has raised so far: what we do know about veterans who offend and reoffend is that the military provides a very powerful possible support network. Unlike other sectors of society, it provides an instrument or lever that could be incredibly helpful and supportive to backing people in their recovery process. Trying to make sure that we get the very best out of institutions that already exist will be the key. We have an obligation to the individuals who offend and reoffend; we have a particular obligation towards the military; and we have an obligation towards society as a whole.

Photo of John Martin McDonnell John Martin McDonnell Labour, Hayes and Harlington

I add my congratulations to my hon. Friend Dan Jarvis and, in particular, to Mr Llwyd. I attended the first session he held in Portcullis House about two and a half years ago, which was also supported, I think, by the ubiquitous Harry Fletcher, and we were shocked at the scale of the numbers of ex-military who were in prison and at the scale of the trauma they were experiencing. I welcome the review. It will be useful to get clarity on time scales and on how the recommendations will be dealt with by the Government at a later stage. I appreciate that.

I want to speak to new Clause 12, which stands in my name and relates to domestic abuse. The scale of domestic abuse and the figures involved are always shocking. Last year, 7% of women reported some form of domestic violence or abuse against them. Two women a week are killed by partners or lovers, and the number of sexual assaults is about 70,000.

The existing probation service established national programmes in response to the issue. There is a 30-week programme in which perpetrators are placed, but there are concerns that it will be lost as this privatisation rolls out. I therefore suggest in my new clause 12 that programmes for tackling domestic abuse on which offenders are placed should remain with the national probation service. That would give the assurance that such work will continue and that there is consistency of approach. It would also allay several fears. I do not want to make this a contentious point, but one of the fears that has been excited relates to the unpaid work programme that Serco has taken over, in that some women’s workshops have been closed as a result of that privatisation. We do not want that to be experienced by such important programmes as those currently provided by the probation service, but they would be laid waste if privatisation took place.

The new clause is fairly straightforward. It would ensure consistency of approach, as well as the maintenance of such programmes, and the best way to do that is to retain those programmes within the state sector.

Photo of Philip Davies Philip Davies Conservative, Shipley 4:45, 14 January 2014

I apologised to you in advance, Mr Deputy Speaker, but I apologise to you again for missing the beginning of the debate on this group of amendments. I extend my apology to all hon. Members. I had an important meeting with the Secretary of State for Work and Pensions, and I got here as soon as I could. I did not intend any discourtesy, and I hope that no one will think that I have been discourteous.

I want to speak briefly about my Amendment 7, which would delete Clause 10. I do not want you to remind me that today is not a Friday, Mr Deputy Speaker, so I intend to be as brief as possible. Therefore, I will not read out exactly what is in clause 10, save to say that it makes special provision for the arrangements for supervision and rehabilitation of female offenders. As far as I am aware, the clause did not appear in the original draft, but was added to the Bill at some stage in the other place. Perhaps the Minister will expand on the reasoning behind the Government’s keenness to accept the clause, given that they do not appear to have been keen to introduce it in the first place.

The reason I object to clause 10 and therefore seek to delete it is that it is absolutely unnecessary. I suspect that it was put in—I hope that the Minister can help us here—to appease those whose whole mission in life is to keep virtually everybody, but female offenders in particular, out of prison. They have perpetuated a myth, which has built up a head of steam over recent years, that—bizarrely—women are treated more unfairly than men in the criminal justice system.

I pressed the Minister during Justice questions not long ago—I think it was just before Christmas—on whether he accepted, agreed with and stood by the figures produced by his Department on rates of offending, reoffending, sentencing and all the rest of it in relation to male and female offenders. I got the impression that he was prepared to stand by the Ministry of Justice figures. If so, and he still stands by them, he should clearly know that not this bizarre claim that women are treated more harshly in the criminal justice system, but the exact opposite is the truth.

As it happens, as I am sure that the Minister knows, for every single category of crime, men are more likely than women to be sentenced to prison, to be given longer custodial sentences and to serve longer proportions of their sentence in prison. Yet clauses are still introduced to Bills to try to give even more preferential treatment to women than to men in the criminal justice system, which is totally and utterly unjustifiable. There is this sort of politically correct myth that women offenders are currently hard done by and need special protection.

I am not a big fan of the equality agenda. In the previous Parliament, not only did I introduce an awful lot of amendments to the then Equality Bill, but I voted against it. This clause is a perfect example of why the equality agenda is such a sham. It should not really be called the equality agenda. It should be called the “equality but only when it suits us agenda”. All the people who campaign so vehemently on these issues argue, quite rightly, that men and women should be treated the same. There should be no difference in their pay, the way they are treated in the workplace and so on. I agree with the premise that we should be gender blind in all matters. That, to me, is true equality. It should not matter what somebody’s gender is. It should not matter what their colour is, what religion they are or what their sexual orientation is. Those are all irrelevances when it comes to anything, whether it is what they are paid or what opportunities they are given.

It therefore seems to me that gender should also be irrelevant in how the criminal justice system treats offenders. It should not matter whether the offender is male or female—they should be dealt with on the basis of the crime they committed, the seriousness of the crime, the persistence of their offending and their likelihood of reoffending. I do not see what on earth their gender has to do with any of those factors. Their treatment should be gender blind.

I believe that the view I have set out, which is that everybody should be treated the same, irrespective of their gender, is what most people would sign up to. If that is the case, perhaps the Minister and the other Members who support clause 10 will explain—because for the life of me I cannot see it—why they believe that everybody should be treated the same, apart from when it comes to sentencing and the treatment of offenders. Perhaps when he winds up, the Minister will explain why he thinks that women should be treated far more preferentially in the criminal justice system than men. If anybody doubts that, I have all the figures to hand. In the interests of time, I will not bandy them about the Chamber, but I have them here and am happy to share them with anybody. They are the figures from the Ministry of Justice itself and the evidence is striking.

Women are treated more favourably than men not only when it comes to the sentencing of people to prison, although that is particularly stark, but in the recommendations of the probation service. In a recent parliamentary question, I asked on how many occasions the probation service makes a recommendation of immediate custody for sentencing in the Crown court, which considers the most serious offences, for men and for women. The probation service recommends immediate custody for 24% of men who are up before the Crown court, but only 11% of women.

People would be forgiven for thinking, on the basis of that statistic, that the probation service is already bending over backwards to treat women more favourably than men in the criminal justice system. It recommends prison twice as often for men as it does for women. And yet there is a clause that seeks to make the probation service go even further in giving preferential treatment to women. That seems to me to be completely unnecessary.

The Minister might have been better served in finding a way to ensure that men are treated more fairly in the criminal justice system, because that is where the problem lies at the moment. The figures on that are stark, and yet the Minister wants to go further in the opposite direction. The argument I have heard is that women should be a special case because they are often more vulnerable, but that ignores the fact that there are plenty of men who come from vulnerable backgrounds as well. Why are we not interested in those people? Why are we not giving them a fair lick of the sauce bottle, as they say in Australia? Why is it only vulnerable women offenders that we are bothered about?

Not only is what I have said about prison sentencing true, but men are more likely than women to be given the highest level of community order. More men than women go to prison, so we might therefore expect women to get more higher level community sentences than men because of the shortage of numbers going to prison. Even at that level, however, more men are sentenced to the highest level community orders than women—10% of women compared with 16% of men. At every possible level in the criminal justice system, men are already treated far more harshly.

So that the Minister is aware of this I will quote the latest report from the Ministry of Justice, “Statistics on Women and the Criminal Justice System 2011”, which makes it clear that on average, women receive shorter and less onerous community sentences:

“The average length of a community order and Suspended Sentence Order for women (12.9 and 17.8 months) was shorter than for men (at 15.0 and 18.3 months respectively). The average length of both orders was also shorter for women in each of the four preceding years.

Women beginning the most common types of supervision orders in 2011 generally had fewer requirements with which to comply than men. For community orders, 43 per cent of women and 51 per cent of men were given more than one requirement with which to comply. For Suspended Sentence Orders, the corresponding proportions were 55 per cent for women and 63 per cent for men.”

Women were also more likely than men to be given supervision as a requirement, and regarded as a lower risk category when being assessed.

There are already sentences run by probation services that women cannot be given, even if they fit into the offending type. John McDonnell referred to his new clause 12, and the sad thing about that is that it perpetuates the problem I am trying to highlight. It states:

“It shall be the responsibility of the National Probation Service to provide all Building better relationships rehabilitations programmes for male perpetrators of domestic violence”.

As it happens, there are an awful lot of female perpetrators of domestic violence. They may not be a Majority, but there are an awful lot of them and in some age groups I think they are the majority of offenders. The new clause states that only male offenders are required to go on treatment programmes, and there is nothing about female offenders. I would have supported the new clause if it also included a requirement for female perpetrators of domestic violence to go on those courses, but the hon. Gentleman has spectacularly failed to mention that, for reasons best known to himself.

Photo of Sylvia Hermon Sylvia Hermon Independent, North Down

I have listened patiently to the hon. Gentleman, but with increasing exasperation. Has he made equal efforts to obtain statistics from the Department of Health about the impact on the mental health of women who have been sent to prison or had custody orders imposed on them and—just as importantly—on the welfare and health of the children of women who have been sent to prison? I would be interested if the hon. Gentleman read out those statistics to the House.

Photo of Philip Davies Philip Davies Conservative, Shipley

I am delighted; I am trying not to go off the scent, so to speak, but perhaps you will allow me, Mr Deputy Speaker. I am sure these facts are a terrible irritation to the hon. Lady and may not suit her particular agenda and the world she would like to portray, but I am merely stating the facts as produced by the Ministry of Justice. If she does not agree with the statistics, she should feel free to contact the Minister. I can do no more than ask questions and get the answers.

The hon. Lady asks about children, and there may well be a case there. I would not mind so much if people said to me, “Well, of course women are treated more favourably in the criminal justice system, but there is good reason for that because they might have to look after children.” If somebody wanted to go down that line of argument I would at least have some respect for that; the point may or may not be valid, but that is not the argument that is made. The argument is that women are treated more harshly in the criminal justice system, but—quite frankly—they are not. It is no good people pretending they are when the facts are perfectly stark that they are not.

As the hon. Lady mentioned children she might want to bear in mind—again, the Ministry of Justice made this clear—that two-thirds of mothers who are sent to prison are not even looking after their children at the time. In two-thirds of cases the children have already been taken off those mothers because they are not deemed fit to look after them. The people we are talking about are hardly great role models for their children. In fact, some prisoner organisations have made it clear that it is actually a relief when the mother is sent to prison—in one case they described those mothers as causing “merry hell” in their families. Therefore, the idea that it is to everybody’s advantage, including the children, to keep persistent and serious offenders out of prison to look after children is a bizarre one by anybody’s standards.

Photo of Sylvia Hermon Sylvia Hermon Independent, North Down

I am most grateful to the hon. Gentleman for taking a second Intervention so promptly. When did he last visit a women’s prison? Will he do me the great courtesy of accepting an invitation to Northern Ireland to see the conditions in which women prisoners in Northern Ireland exist? I would be grateful for a response on both points.

Photo of Philip Davies Philip Davies Conservative, Shipley

I would be delighted to visit Northern Ireland. As it happens, I have been a regular visitor to prisons around the country, including women’s prisons. I have visited 12 or 13 prisons in the UK, including two female prisons. I have also visited prisons in America and Denmark to see how they treat offenders. My point is that there is no justification for the new Clause and no evidence to justify it.

Photo of Madeleine Moon Madeleine Moon Labour, Bridgend 5:00, 14 January 2014

I, too, have listened with great patience to the hon. Gentleman and have considered whether it is worth bothering to intervene. However, I must reiterate the point on community sentences and the selective passage he has read out. The fact is that eight out of 10 women who receive prison sentences have committed non-violent offences. That is why they have less onerous conditions in their community sentences. I draw his attention to the Corston report and the Prison Reform Trust report, “Lacking Conviction”. Instead of getting out more, he needs to stay in and read more.

Photo of Philip Davies Philip Davies Conservative, Shipley

To be perfectly honest—I am trying to think of the polite way to describe that—what the hon. Lady says is utter garbage. It is utter rot. The idea that women are sent to prison for short sentences and non-violent offences is a myth—it is a big myth, but it is a myth. At any one time, there are about 3,700 women in prison. Perhaps she will tell the House which ones she believes should not be there. Perhaps it is the 211 who are in prison for murder; the 135 in for manslaughter or attempted homicide; the 352 in for wounding; the 142 in for serious assaults or other violence against the person; or the 58 in for cruelty to children. Perhaps she means the 58 who are in there for cruelty to children; or the

83 who are in for rape, gross indecency with children or other sexual offences. Perhaps she means the 272 women in prison for violent robbery. Perhaps she means the 151 who are in there for burglary. Perhaps she thinks the 398 drug dealers should not be in prison. Perhaps she means the 91 arsonists; the 24 convicted of violent disorder; the 45 in there for kidnapping and blackmail; or the 192 in there for serious fraud and forgeries. Perhaps she means the 320 in prison for importing drugs into the country, which end up being sold on our streets. She might mean the 111 others serving time for other serious drug offences. The hon. Lady might believe those people should not be in prison, but they are not non-violent, minor offences. It is a disgrace for her to suggest to the victims of those crimes that they are the victims of minor, non-violent offences. She should be absolutely, utterly ashamed of herself for suggesting that. That is the type of nonsense we have had to deal with in the debate for many years. I am delighted that I can shine a light on the utter rot that people such as her have spouted year after year.

Photo of Rory Stewart Rory Stewart Conservative, Penrith and The Border

I am interested in what my hon. Friend says, but some of those figures on female offending seem relatively low. Does he have comparative figures for men in those categories?

Photo of Philip Davies Philip Davies Conservative, Shipley

Absolutely. My hon. Friend is making my point for me. Some 95% of people in prison are men. If 95% of either men or women were treated in what we might call a harsh manner in any other walk of life one would think there would be uproar on behalf of the 95%, but, would you believe it, all the uproar is that 5% is too many women prisoners. It is a nonsensical argument to suggest that women are treated more harshly than men. My hon. Friend is quite right that a lot more men are in prison for those same offences. My point is that men and women should be treated the same, irrespective of their offence. For Mrs Moon to suggest that they are non-violent, non-serious offences is utterly disgraceful. Perhaps she would like to go to each of those victims of crime and tell them that they are the victims of non-violent and non-serious offences.

In conclusion, Clause 10 is unnecessary because the facts are already stark: women are treated more favourably than men when it comes to sentencing. Men are more likely to be sent to prison, more likely to be given a longer sentence and more likely to serve more of that sentence in prison than women for every single category of crime. For every single category of crime, men are also more likely to be given a serious community order and a longer community order, and are more likely to have more requirements made. Why is it, then, that the Government are not satisfied with that and want to go further to make the criminal justice system even more imbalanced and even more in favour of female offenders?

Photo of Elfyn Llwyd Elfyn Llwyd Shadow PC Spokesperson (Wales), Plaid Cymru Westminster Leader, Shadow PC Spokesperson (Constitution), Shadow PC Spokesperson (Foreign Affairs), Shadow PC Spokesperson (Home Affairs), Shadow PC Spokesperson (Justice), Shadow PC Spokesperson (Defence), Shadow PC Spokesperson (Environment, Food and Rural Affairs)

The previous Speaker should not read anything into the silence in the Chamber. It was not acquiescence; we were stunned into silence.

I congratulate Dan Jarvis on being the driving force in bringing forward new clauses 2 and 3 on veterans to which I would like to speak briefly. I also welcome Government Amendment 5 on the extension of restorative justice, which is a positive step. We had a debate on that in Committee. The Minister said that he would go away and consider the matter and he obviously has done so. I am sure we are very grateful for that.

I was glad to read in the papers over the weekend that there will be a Government review on how to improve the rehabilitation of ex-service personnel who are in prison, and that it will be led by Rory Stewart. I wish him well in that work. I have a feeling that it will be done consensually and that we will all be able to muck in, as it were, and do our best to come up with some good answers for the Government, because the work is long overdue.

As the House may be aware, I have campaigned for a number of years for greater recognition of the welfare needs of veterans of the armed forces, and I have raised the issue in this place and elsewhere since 2008. In January 2010, I published a paper that contained detailed recommendations for increasing the support available to veterans, in particular to those who come into contact with the criminal justice system. I have also had the privilege since 2010 of chairing the veterans in the criminal justice system parliamentary group, which meets under the auspices of the justice unions parliamentary group. The group comprises parliamentarians and representatives from criminal justice trade unions and charities, including the National Association of Probation Officers, the Association of Chief Police Officers, the Prison Officers Association, the Royal British Legion and several military charities. The group is able to disseminate good practice to ensure that it is available throughout the British isles, and I think that that is coming together and is working. I hope that at some point the hon. Member for Penrith and The Border might care to attend, to contribute and to perhaps pick up on a few points.

Photo of David Hamilton David Hamilton Opposition Assistant Whip (Commons)

May I draw attention to what is happening in Midlothian, where Police Scotland has been giving out leaflets to local pubs, clubs and voluntary organisations? When an arrest takes place, the police now ask directly whether the person arrested is an ex-member of the armed forces, which helps quite a bit. We should replicate such things and learn from each other.

Photo of Elfyn Llwyd Elfyn Llwyd Shadow PC Spokesperson (Wales), Plaid Cymru Westminster Leader, Shadow PC Spokesperson (Constitution), Shadow PC Spokesperson (Foreign Affairs), Shadow PC Spokesperson (Home Affairs), Shadow PC Spokesperson (Justice), Shadow PC Spokesperson (Defence), Shadow PC Spokesperson (Environment, Food and Rural Affairs)

That is precisely the point of the joint group, and I am proud to say that the police force where I live, north Wales, have been doing that for more than 12 months, as have others. It is difficult, though, because some ex-military personnel are not prepared to admit to having been in the forces; they feel they would be letting the regiment down. Then there are others—we have all met them; they always seem to be former leading members of the SAS—who have not served a day any more than I have. It is not simple—we need to be doing a complex set of things—but I am pleased that we now have something to concentrate our energies upon.

I first became aware of the disproportionate number of veterans in the system when appearing as a barrister in Chester and north Wales Crown courts one particular week some years ago. I noticed that increasing numbers of people were appearing in court for serious crimes who professed to have a military background, and often the distinguishing feature was that their crimes were inexplicable, or at least difficult for a person who had not served in theatre to explain. I remember one case vividly of a young man who had come back from Iraq and was standing in a fish and chip queue when the lad behind him who had had too much to drink bumped into him. He knocked the hell out of the young lad in no time at all. He was trained to look after himself—almost by reflex he would do it—and he ended up doing three years for assault.

When people come back from theatre, they need to be decompressed and brought back into society. Heaven knows how I would be affected, had I been out with the forces in theatre. It is natural to presume that many people will suffer mental scars as a result of service, and we owe it to them to do something about it.

Photo of Rory Stewart Rory Stewart Conservative, Penrith and The Border

Does the right hon. Gentleman agree that there is a particular issue with the reserves? For those in the regular forces, there is more of a framework for returning from operational theatre to battalion, whereas for the reserves we have a very specific challenge.

Photo of Elfyn Llwyd Elfyn Llwyd Shadow PC Spokesperson (Wales), Plaid Cymru Westminster Leader, Shadow PC Spokesperson (Constitution), Shadow PC Spokesperson (Foreign Affairs), Shadow PC Spokesperson (Home Affairs), Shadow PC Spokesperson (Justice), Shadow PC Spokesperson (Defence), Shadow PC Spokesperson (Environment, Food and Rural Affairs)

Yes, and actually, as one who follows these things, I know that, interestingly, an increasing number of reservists are appearing in court, having left their work for a period and gone into the eye of the storm. On coming out again, as the hon. Gentleman rightly says, they are expected to go back to civvy street as normal, but it is clearly extremely difficult. That is a big problem, and the amendments would be a step forward.

Almost by instinct, as a lawyer I have something at the back of my mind saying, “Why should any class of society have a court set up especially for them?” In this case, the answer is simple: because these people have been through extraordinary situations that we cannot even imagine. Of those who would wish to argue along the lines I previously argued, I would ask: why do we have specialist drug courts in the UK? They have worked well. The Liverpool drug court was a great success when it was in full swing, as these courts, or disposals, could be—we are talking about disposals for veterans, to begin with, which is perfectly sensible.

Photo of David Anderson David Anderson Labour, Blaydon

Does the right hon. Gentleman agree that the American experience shows not only that such courts are effective, but that they are economically viable? People are not going to prison, so there are not the problems of family breakdown, and the huge array of things put in place when people keep going back to crime are no longer there, so there is an economic as well as a social case.

Photo of Elfyn Llwyd Elfyn Llwyd Shadow PC Spokesperson (Wales), Plaid Cymru Westminster Leader, Shadow PC Spokesperson (Constitution), Shadow PC Spokesperson (Foreign Affairs), Shadow PC Spokesperson (Home Affairs), Shadow PC Spokesperson (Justice), Shadow PC Spokesperson (Defence), Shadow PC Spokesperson (Environment, Food and Rural Affairs)

Yes, there is. In addition, ex-service personnel are not used to paying regular Bills and so on, and sometimes they do not balance their monthly income and outgoings, they end up in debt and everything spirals from there. I remember speaking with SSAFA in south Wales some time ago, and it told me that about 60% of its work was to do with debt, the handling of money and so on. That is another issue that has rightly been identified.

In March 2008, I tabled a number of questions to the Minister of State at the Ministry of Justice, asking how many inmates in UK prisons there were from service backgrounds. I was told that that figure was not available. In the summer of that year, together with NAPO and the redoubtable Harry Fletcher—

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Interruption.

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He must be mentioned more often than the Queen in this place, although we are not supposed to mention the Queen. NAPO estimated that the figure was about 9% of the prison population; at that time, that amounted to roughly 8,000 people. I know that the official figure is 3.5% but I will not split hairs now. It is a very big problem and my view is that much of it is avoidable if we offer treatment early enough. In other words, everybody leaving the services should go through a period of decompression to enable them, yes, to have medical checks, and also assistance with things such as balancing budgets, holding down jobs and all of the other things that other people would have if they were not in the services. We need to assist personnel to adjust to civilian life.

I readily accept that the Majority of returnees will be perfectly fine and happy, but a large percentage will experience acute social rupture, become homeless, be cut off from mainstream welfare services and be isolated, and unless something is done they will fall into a downward spiral. It is likely that, at the end of the day, they will fall into the criminal justice system. Abuse of alcohol and drugs and mental health problems are catalysts, of course.

That is why I think it essential that the Government invest in the rehabilitation of veterans when they leave the criminal justice system as well as when they leave the services, as new Clause 2 calls for. The services available to Army personnel when they leave the forces should be improved. I have it on good authority—from when I was an adviser to the Howard League on this subject—that how well someone is reintegrated into society depends on the senior officer in their regiment and whether they take an interest or not. I hate to put it in that way but that is what came through from the evidence we took.

Psychological assessments should be made mandatory for all service leavers. Post-traumatic stress disorder will not be spotted immediately; it could manifest itself today or 12 years from now. That is a complex matter as well. We need to put in place strategies to ensure that the maximum amount of help is available to all veterans and returnees. We must look at substance misuse, mental health, housing, employment, money management, violent behaviour and all the other problems that are typical.

I am also very supportive of the aim of new clause 3, which provides for veterans rehabilitation panels based on the courts in the United States to be piloted. In 2010, I sat on the advisory panel to the Nutting inquiry into veterans in prison, which was sponsored by the Howard League for Penal Reform. As part of our research, we travelled to the United States, where we visited the veterans court in Buffalo, New York State and saw at first hand how it worked. It was described very ably from the Labour front bench earlier, although I have one slight correction: individuals referred to the veterans courts would normally expect to spend between 12 and 18 months in prison.

Initially, the federal courts were completely against the idea. My understanding is that now, following the brilliant court that has been in operation in Buffalo, there are about 47 throughout the United States, and they are regularly receiving referrals from federal courts and even, in some instances, from higher appellate courts as well. It is working, but I add a word of caution: getting good mentors who speak the same language as the individuals and who are trusted because typically they have been through the same thing in the services is highly labour-intensive. A bond develops, and the individuals do not want to let down their mentor. That is how it works, and it has led to 0% reoffending in Buffalo—an absolutely incredible success. I gave a full dossier of my findings to the then Justice Minister, Lord McNally, so the Government are fully aware of the whole workings. I hope we can look forward to some real progress. There is a great deal to be learned, so I commend the findings to the Government.

I conclude by mentioning one important military motto: “Leave no man behind”. Unless we do something, we will be leaving very many behind. That concerns me and, I am sure, all of us.

Briefly, I fully support new clause 12, to which John McDonnell has spoken. It provides an important step forward. We must ensure that victims of domestic violence are not punished as collateral damage in the implementation of the Government’s proposals to reform probation. I shall not dwell any further other than to say that I fully accept what the hon. Gentleman said. I commend that new clause, too.

Photo of Tracey Crouch Tracey Crouch Conservative, Chatham and Aylesford 5:15, 14 January 2014

I shall speak briefly to new clauses 2 and 3. I congratulate Dan Jarvis and Mr Llwyd on their work. I have no personal experience in the matters raised, but I am aware of some of the issues and problems of ex-military ex-offenders from a particular project run in my Constituency, so I shall speak briefly about that.

As Jenny Chapman said, this is a hugely complex issue, and other Members have made it clear that there are multiple needs when people end up leaving the services and going into prison. It is clear that, as the right hon. Member for Dwyfor Meirionnydd said, we are not supporting those people adequately enough when they leave the services and go back into civvy street. Perhaps that should be the starting point. When they end up entering the criminal justice system, we need to ensure that their very specific needs for exiting prison are dealt with properly, too. That is why we need a joined-up approach.

We need to ensure that people coming out of the services do not find themselves misusing various substances, that their financial and housing needs are dealt with and that they are given support into employment. If they find themselves in the criminal justice system, they need to be given similar support. As we know from other aspects of people’s experience of leaving the prison service, something as simple as not having a bank account can be crucial. If they do not have a bank account, they might not get paid for the work they are doing and they might end up entering the criminal justice much more quickly than those who do have a bank account. We need to think of this issue from an incredibly wide perspective.

It is good news that my hon. Friend Rory Stewart has been appointed to look at these issues. I hope he will notice the degree of party consensus and the wide and varied expertise that exist; he will, of course, take submissions from all parties and all those who have taken an interest in the matter for some time.

Let me focus specifically on people’s employment needs and on how the third or voluntary sector can help. I have seen this for myself in my constituency. Chatham and Aylesford are very different parts of the constituency and have very different needs, but on this particular project, they have combined and are working as one. Chatham has a long history and association with the military, while Aylesford is home to the Royal British Legion Industries. The RBLI has done a fantastic job over the last couple of years in trying to support ex-military ex-offenders into employment, which we know is a key part of successful rehabilitation from a custodial sentence.

The Victor project is a small-scale employment programme that assists ex-military ex-offenders into sustainable employment. The Secretary of State came to Chatham to meet people involved in the project, and I think that he thoroughly enjoyed himself and found the experience fascinating. I extend an invitation to any other Members who may wish to come down and see the work—especially my hon. Friend the Member for Penrith and The Border, who could include it in his review.

Victor began as a partnership between the RBLI, Blue Sky and Medway council, with funding from Forces in Mind. It has been co-ordinated brilliantly by the Shaw Partnership. The project, which has been operating for nearly a year, has provided six placements for ex-military ex-offenders undertaking grounds maintenance work at Medway council’s main offices in Chatham, and eight others with Veolia Environmental Services in Kent, Surrey and Essex. The grounds maintenance work would normally be undertaken by the council’s own contractor, Quadron, but Quadron has agreed to give part of the contract to the project, which is absolutely fantastic. Most of the participants are from the local prison at Elmley. This is the first initiative involving the partnership, and I believe that it is a pump primer for wider work for that group.

I think that there are initiatives out there that can really help ex-military ex-offenders to return to sustainable employment. Those whom I have met in connection with the project have described it as life-changing. They are getting up every day, and they have a routine. People are saying to them “What you have done is fantastic: the grounds look amazing.” They are receiving the positive feedback that they need—something that they may have had when they were in the army, or in other parts of the services—and they are being given support by a wider section of the community. I think that that is absolutely essential. If we are not giving such people the initial support that they need when they are coming out of the services, we must ensure that we give them support when they come out of prison. Very few former members of the armed forces go to prison, but they are an important few.

I am proud that the Victor project is operating in my constituency, and I hope that it will go on to greater things. I know that the Ministry of Justice is well aware of it, but I should like others to come and see it, and to think about whether it could be helpful to other initiatives. I think that, while we need to review this issue regularly, we can draw on the work of the voluntary sector.

Photo of Meg Hillier Meg Hillier Labour, Hackney South and Shoreditch

I rise to speak with far less authority and experience than has been displayed by those who have spoken so far, but I am delighted to have added my name to new clauses 2 and 3, which were tabled by my hon. Friend Dan Jarvis. I speak with some experience, as someone who, as a schoolgirl, grew up in Portsmouth in the 1970s. I saw at first hand how little support was often given to people leaving the armed forces in those days. I also saw the aftermath of the Falklands conflict, when those returning from it were having to readjust to life.

I want to tell the House a story. In September, I had the privilege of meeting Harold. Harold served in the Australian air force during the second world war, and saw action in the Pacific. Harold is 90 years old. Ten years ago, he began to receive support and counselling for the experiences that he had had in the 1940s. One of my main reasons for adding my name to the new clauses is that I remember speaking to Harold and being very impressed by him, and impressed by the service that the Australians provide their armed forces. They recognised that, even so many years later, Harold still needed support.

Harold has no criminal record. He has been an upstanding member of his community throughout his life, both in the armed forces and since. However, if people like Harold are still facing problems, that explains a great deal about why ex-members of the armed forces form such a large proportion of the prison population, and why my hon. Friend the Member for Barnsley Central and other members—I welcome the Government’s review, which is to be led by Rory Stewart—want to ensure that these problems are nipped in the bud in the case of other veterans.

Photo of David Anderson David Anderson Labour, Blaydon 5:30, 14 January 2014

I want to speak in support of new clauses 2 and 3 and in support of veterans.

About five years ago I was approached by an ex-colleague who asked me to meet a group he was working with. Tony Wright was that colleague and he is an ex-Marine. He had to leave the Marines as a young man because of an injury and he went into the social services, ending up in the probation service. Everywhere he went he bumped into people who had gone through similar experiences as him. They had left the forces, sometimes under a Shadow and sometimes not, and they had lost their way. He had become increasingly concerned about their well-being and eventually decided to do something about it, and five years ago he set up a group called About Turn, which has now become the charity Forward Assist. Tony asked me to become a patron of the charity. After sitting down with some of the people he works with, I said I would be very pleased to help them.

Three years ago, Tony won a Winston Churchill scholarship to travel to America. One of the first places he went to was Buffalo. He went to some courts that had been spoken about, and he was blown away by his experience there. The whole thing was based on comradeship. People who had gone the wrong way in life were being pulled back by the people in those courts. Everybody from the judge downwards was ex-service personnel and their determination that nobody would fail was what made things succeed. As we have heard already today, so far, in five years, not one person has gone back to crime—not one person. We should compare that with any other form of justice system.

As a result of that visit, Tony asked me if I would go with him to Arkansas to try to develop a link between Tyneside and Arkansas. The intention was not only to develop a civic link, but to develop a veterans exchange project. I went with him last December. While we were there, we were invited to go and meet Judge Mary McGowan, who runs one of the courts in Little Rock in Arkansas. She originally ran the drugs court, but after a discussion about drugs courts she decided—along with a gentleman called Rob McDonald, who was a prosecutor at the time—to set up the veterans treatment court. We sat in and listened to the court in action and spoke to people who were going through the system and we realised that this was something that could really work.

One issue we have not got our heads around was mentioned by Mr Llwyd: are we saying that these people are a special case? I think the answer to that has got to be yes. They are a special case because of what Members in this Chamber ask of those people. We ask them to go around the world and to be prepared to die for us and to be prepared to kill for us, and if they refuse to kill for us, they will do time in jail. That is the complete opposite to the norm. We ask these people to do abnormal things. If somebody fires a gun at us, we run away. When somebody fires a gun at service personnel, they run towards them. When these people come out of the forces, what happens to them?

I will describe some experiences. A meeting was hosted by Mr Speaker in the House of Lords last year. There were about 10 to 12 men ranging from guys in their 20s to a gentleman who was 92 and who had been a tail-gunner in world war two. One of these guys told a story about when he came out of the services. He sat down with his wife and said, “Whatever you do, don’t ever leave me alone with the children, because I’m not sure I can cope with them.” Is that not really, really frightening? At least the man had the nous to accept his potential shortcomings. Another one told his story. Everything was normal in his life except that every time he went to bed, he got a panic attack. When he thought it through, he realised the cause was the simple act of turning the bedroom light off, because the switch reminded him of the time he was walking along with a friend who was killed by a booby-trap that was triggered by an electrical switch. That was put right by putting dimmer switches into his home. These are the sorts of situations that we, as ordinary people who send those guys out there, would never ever think about.

I talked with another guy who for 10 years had been given the wrong medication because nobody had realised that he had been in the forces. When that fact came out and people started trying to work out the causes of his problems, it was discovered that they stemmed from the fact that he was the only man who jumped out of a burning tank that still had his friends inside. After that discussion had taken place, the way in which he was looked after completely changed, and he is now on the right track and working towards a normal life.

When we came back from Arkansas, I was proud to invite people from the US to Newcastle to develop a link, and to discuss the Buffalo veterans treatment court. We held a seminar in Newcastle in May, which was addressed by Prosecutor Rob MacDonald who had come across from the United States. Lord Beecham was also there. He is a former leader of Newcastle city council, and a gentleman with whom I have had the privilege of working for more than a quarter of a century. He had never heard about the courts before, but he was instantly able to see how important they were. I asked him whether they could work in Britain and he said, “There’s no reason why they can’t work, Dave. We have the models; we already have family courts. We could adapt that model and we could make this work if we really wanted to.” He came back here, and he and Lord Ramsbotham tabled amendments in the House of Lords. Unfortunately, none has been accepted so far, but I am glad that progress is being made.

We are talking about giving people a purpose in life and a reason to get out of bed in the morning. We are not talking about people who have committed really serious crimes. This is about men and women who have committed crimes almost as a cry for help because they have no money or because they do not understand the chaotic world that we live in today. They have had a structured life and, all of a sudden, that life has been pulled away from them. This is about helping them to make a difference.

As Oliver Colvile mentioned, we went to Washington with the Northern Ireland Committee last year to meet prosecutors and others involved with the veterans treatment courts. Some members of the Committee were, to put it mildly, cynical about them. Some, unlike myself, have a legal background. No one pretended that the courts provided a magic wand, but when it was explained how they worked, those Committee members agreed that this was something we should pursue. The veterans treatment court in Buffalo was the first, and more than 100 are now up and running. I think that two have been given up on, but the rest are reporting really positive results. They also link into the work being done on drugs, because the link between drugs and the activities that the veterans get involved in is hugely relevant.

I am often loth to push the American experience, but the way in which the Veterans Administration was set up can teach us some lessons. For example, it can teach us about the horrible experiences that came out of Vietnam. Vietnam veterans were treated disgracefully in America, but somewhere along the line, the light went on and the Americans realised that that was wrong, and that they should not blame those men and women for the mistakes made by the politicians. The work that has been done since is a great example to us all. It covers a huge range of things, and it shows us how we can learn to treat people properly.

I am a great advocate of the national health service. People in this country tend to think that if someone has a problem, the NHS can put it right. Well, it can be put right if people happen to put all the pieces together. As I have said, one of the biggest pieces is the ability to realise that a man is where he is because of his experiences —not because he is inherently violent or because he has a mental or physical problem but because of what he has gone through, and what we have put him through.

There is a raft of information available from America on how big this problem can be. A recent seminar held there under the auspices of Justice for Vets estimated that, in 2010, about 300,000 Iraq and Afghanistan veterans were suffering from post-traumatic stress disorder, and that almost 50% of the people who had been in those theatres of war were seen to be suffering from traumatic brain injury. The numbers are huge compared with those we have seen in previous wars. This is about the changing nature of war, and about being exposed to the real world of modern-day warfare 24 hours a day. That is very different from what people experienced before.

That does not mean that veterans from earlier wars do not have the same problems. The group I work with in Newcastle has a guy from world war two and people who went through the situation in Aden. Those events are still as live to them today as they were 50 years ago or more. They lost friends there, for example. Those who served in Northern Ireland also played their part in trying to put things right over there. There are huge issues involved in how we deal with those people, and we need to be aware of how we can help them.

A psychiatrist we met in Little Rock said, “You need to understand that a tsunami of mental health problems is going to hit this nation in the same way as it hit ours.” We know that the number who went from these shores was small compared with those who left America, but the number who are coming back with problems is big. I am not saying, and I would not like to be portrayed as saying, that everybody who goes to war and everybody in the services will have these problems, because they will not, as we know. Lots of people make a good new life for themselves and move forward, but the ones who are not able to do that deserve special care from us in this House.

One of the real issues was touched on by the right hon. Member for Dwyfor Meirionnydd—the numbers. Some of us from a group in Tyneside met one of the Justice Ministers just before Christmas, and the hon. Member for Plymouth, Sutton and Devonport talked through this issue. What is clear is that nobody really knows how many people from the forces are in jail. A gentleman called Colin Back works on rehabilitating the forces to get them back into work, and he has done work in the south-east of England. He reckons that we could be talking about almost 12% of this population, which is hugely more than the official figures suggest. So as part of the review and the ongoing work, we need to get these figures to see how big the problem is. If we can get a fraction of those people out of that situation, that would be the right thing to do, not only for them and for us, but for the economy. If these people are in work, if their families do not need special support and if there is no family break-up, we will not have probation on the side and prisons that are too full—everybody will win, and that is the great beauty of it.

I am really pleased that the commission has been set up. Rory Stewart is exactly the right man to lead on it, and I ask him to come over the Pennines as quickly as he can. He will be made to feel welcome in the north-east, because people there have lived through this, and although I am telling their story, I can never relate to it in the way they can. These people have been given a lifeline and they want us to help them, and we should do so. Part of that is about supporting these provisions. If the Government decide not to support them, I ask them to do the work regardless.

Photo of Madeleine Moon Madeleine Moon Labour, Bridgend

I will be as brief as I can, Madam Deputy Speaker, because I am aware that the Minister needs to wind up. I give credit to my hon. Friend Dan Jarvis for tabling the new Clause, to Mr Llwyd for the work he has done and to Rory Stewart. On the work the latter is going to undertake, may I urge him to ensure that whatever we bring forward and whatever is recommended, appropriate research is done and data collected to sit alongside it? What will be important is to learn a huge amount from this, not just about the number of people who will need the support of the veterans courts, but about the effectiveness of having specialist courts that will advise on the most appropriate way to prevent reoffending.

One question that has been raised was how we are going to define “a veteran”. The importance of reservists has been mentioned, so I will not go back over that in the way that I had planned. We have to recognise that post-traumatic stress disorder and mental health conditions relating to service do not necessarily happen on return. I know that the hon. Member for Penrith and The Border is very aware of that, but we must ensure that we clearly identify who will be eligible for veterans courts. We must not just discount people because their service took place years ago. It was suggested that an 18-year-old who had joined the services but not completed basic training might not be suitable. May I ask the hon. Gentleman to look at the research on suicide carried out by Professor Nav Kapur at Manchester university, because it shows that the highest number of people who have served in the armed forces and are likely to go on to take their own life are found among exactly that group? Often that is because they have been failed by society because they have gone through the care system and, yet again, they feel that they have been failed.

In collecting that data, can we please look at how many of those people who go on to reoffend have gone through the care system? That is critical information, because we know for a fact that many people who end up in the criminal justice system have served time in our care system and have already been failed by society. Let us use this opportunity constructively and creatively to look at how we can tackle reoffending and to ensure that we offer the best way forward to reducing it. We have an opportunity to be not punitive or negative but constructive and creative. I look forward to the work that will come forward. If I can help in any way, I look forward to doing so.

Photo of Jeremy Wright Jeremy Wright The Parliamentary Under-Secretary of State for Justice 5:45, 14 January 2014

I apologise in advance to those who have participated in this interesting and useful debate, because I will not have the chance in the time that is available to go into the issues in the detail that I would ideally like.

Let me begin with new Clause 2. I am grateful to Jenny Chapman for what she has said about the nature of the amendments, and I hope that will curtail what I need to say about them. I pay tribute not just to Dan Jarvis but to Mr Llwyd and many others across the House for the extensive interest they have shown in this matter. I know that they will want to interact with my hon. Friend Rory Stewart and express their expertise to him.

I agree that our armed forces do a difficult and dangerous job. We should also be clear—I know that no one has suggested otherwise in the course of this debate—that service in the armed forces does not inevitably lead to a life of crime following a return to civilian status. Undoubtedly, however, there are those who struggle with the transition, although, as my hon. Friend the Member for Penrith and The Border said, it is also true that those with a service background are less likely to commit offences than those who do not have such a background. We should also recognise the considerable support that the armed forces, as an employer, offer to those who are returning to civilian life.

The prison and probation services already work with ex-service personnel, and my hon. Friend will want to look at that and perhaps suggest further improvements. We are doing more in prisons to identify veterans as early as possible, and all prisons should now have a veterans-in-custody support officer to co-ordinate and assist in that task. The proposed probation reforms offer an opportunity to do better in that regard, and to encourage all sectors to work together to identify service personnel and offer the assistance that we can. I recognise entirely, as the right hon. Member for Dwyfor Meirionnydd and my hon. Friend Tracey Crouch have said, that a variety of organisations already do good work with offenders, but there is always an opportunity to do more. The review that my hon. Friend the Member for Penrith and The Border has been invited to lead will, I hope, give us that opportunity.

Photo of Alison Seabeck Alison Seabeck Shadow Minister (Defence)

What I have to say is very pertinent. If there is no enabling Clause in this Bill to bring forward any suggestions that come from the hon. Gentleman’s review, how long will it take for the necessary changes to be put in place, and is that something we should be considering?

Photo of Jeremy Wright Jeremy Wright The Parliamentary Under-Secretary of State for Justice

I want to come to the timetable. Without wishing to get into too much detail on these probing amendments, there are deficiencies within them that would require further legislation in any event. I understand the hon. Lady’s point, but I want to answer the question of the hon. Member for Darlington about what my hon. Friend’s review will be covering. First, we will ask him to consider the rehabilitative needs of ex-service personnel convicted of criminal offences and sentenced to a custodial or community sentence, and the current rehabilitation available to them. Secondly, we want him to consider the process whereby ex-service personnel are identified following conviction, and that goes very much to the point that Mr Anderson was making. Thirdly, we want him to consider best practice relating to the rehabilitation of ex-service personnel offenders, including evidence of effective interventions in other countries. Fourthly, he should consult with the cross-government military reference group, which already exists, and report to the Secretary of State within six months. That is an important time frame, because we want to ensure that our reforms are informed by what my hon. Friend and those working with him can tell us. We will publish my hon. Friend’s report and place it in the Library of both Houses so that it is available for all to see. If we were to wait for the conclusion of the Bill process, as the new clauses suggest, that would delay the beginning of the review. We do not want to do that as we want to get going as soon as possible and I hope that that will meet with the approval of the House.

In view of what the hon. Member for Darlington has helpfully said, I do not think that I need to go through the deficiencies we believe that there are in new Clause 3. I recognise the intent behind it and we very much support that. We want to ensure that the review produced by my hon. Friend the Member for Penrith and The Border can assist us in producing solutions and suggestions that we can make use of in the course of our broader reforms.

Let me say something about new clause 12, tabled by John McDonnell. He is right that it is hugely important to ensure that domestic violence is treated seriously and that the programmes he has described are implemented effectively. He knows that those at highest risk of serious harm will in any event be the responsibility of the national probation service, and the NPS will also manage all offenders who are subject to multi-agency public protection arrangements. That will include all offenders convicted of sexual and violent offences attracting a sentence of more than a year and all those whose offending leads them to become registered sex offenders.

On the specifics of the programmes that the hon. Gentleman described, I entirely agree with him on his enthusiasm for a consistency of approach. I hope I can offer him some reassurance, as such programmes would have to be accredited. Accreditation is overseen, as he will know, by the National Offender Management Service, which ensures that the programmes are evidence-based and have therefore demonstrated their effectiveness in reducing reoffending. The programme requirement will continue to be available to sentencers, and the NPS will have a key role in assessing offenders and providing advice to courts on their suitability for such programmes. CRCs will be mandated to deliver the sentence imposed by the court, and that will include the provision of accredited programmes. All offenders, whether they are managed by the NPS or CRCs, will be able to access accredited programmes and other interventions provided by CRCs.

I hope that the hon. Gentleman is reassured by those points. I understand that he would prefer all those programmes to be delivered by the public sector, but I think that he and I would agree that what is crucial is that the standards and quality of those programmes are maintained. We will achieve that by virtue of accreditation and, of course, the accreditation process will still take place within the public sector.

I am grateful for what the hon. Member for Darlington and others have said about Government Amendment 5, which I will move at the appropriate time. I am also grateful to the hon. Lady for raising the issue initially in Committee. I also want to take the opportunity to pay tribute, as she did, to Paul Goggins and the contribution he made not only to the amendment but to the restorative justice agenda over a considerable period of time. There are few who can say that they have contributed more to the agenda than he did. I am grateful to the hon. Lady for her support, and I hope that there will support on both sides of the House for amendment 5.

The final amendment in the group is amendment 7, tabled by my hon. Friend Philip Davies. As he has outlined, the amendment would remove clause 10, which was added in the other place, rightly, by the Government. I am sorry to disappoint him, but it would not be right to remove the clause at this stage. I know that he has a healthy disrespect for consensus, but the fact that almost everybody disagrees with him does not automatically mean that they are all wrong. In this case, I do not think that they are. We should recognise that this is not a sentencing question, as he says that it is—I agree that there is no justification for treating female offenders per se more leniently than male offenders. We are discussing not the sentencing process but the process of rehabilitation that takes place after sentencing. It seems to me that the evidence is clear that how one approaches rehabilitation for female offenders must be materially different, if one expects it to be successful, from how one approaches it for male offenders. That is what clause 10 sets out.

The experience of female offenders is different in a number of ways, whether that concerns the abuse that they might have suffered before committing offences or the rate at which anxiety and depression are suffered. As my hon. Friend said, female offenders have different rates of child care responsibilities from male offenders, so a one-size-fits-all approach will not, in all likelihood, be successful. Let me be clear again that this is not about advocating preferential treatment for women in the criminal justice system or a different sentencing regime for female offenders; it is about ensuring that our reforms remain responsive to offenders’ needs in order to ensure that we turn their lives around and end reoffending.

On that basis, I hope that my hon. Friend the Member for Shipley will see fit not to press his amendment and that Opposition Members will see fit to withdraw new clause 2 and not press their other amendments.

Photo of Jenny Chapman Jenny Chapman Shadow Minister (Justice)

I beg to ask leave to withdraw the Clause.

Clause, by leave, withdrawn.

Clause

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clause

A parliamentary bill is divided into sections called clauses.

Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.

During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.

When a bill becomes an Act of Parliament, clauses become known as sections.

domestic violence

violence occurring within the family

Amendment

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In the end only a handful of amendments will be incorporated into any bill.

The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.

amendment

As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.

Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.

In the end only a handful of amendments will be incorporated into any bill.

The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.

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give way

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this place

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speaker

The Speaker is an MP who has been elected to act as Chairman during debates in the House of Commons. He or she is responsible for ensuring that the rules laid down by the House for the carrying out of its business are observed. It is the Speaker who calls MPs to speak, and maintains order in the House. He or she acts as the House's representative in its relations with outside bodies and the other elements of Parliament such as the Lords and the Monarch. The Speaker is also responsible for protecting the interests of minorities in the House. He or she must ensure that the holders of an opinion, however unpopular, are allowed to put across their view without undue obstruction. It is also the Speaker who reprimands, on behalf of the House, an MP brought to the Bar of the House. In the case of disobedience the Speaker can 'name' an MP which results in their suspension from the House for a period. The Speaker must be impartial in all matters. He or she is elected by MPs in the House of Commons but then ceases to be involved in party politics. All sides in the House rely on the Speaker's disinterest. Even after retirement a former Speaker will not take part in political issues. Taking on the office means losing close contact with old colleagues and keeping apart from all groups and interests, even avoiding using the House of Commons dining rooms or bars. The Speaker continues as a Member of Parliament dealing with constituent's letters and problems. By tradition other candidates from the major parties do not contest the Speaker's seat at a General Election. The Speakership dates back to 1377 when Sir Thomas Hungerford was appointed to the role. The title Speaker comes from the fact that the Speaker was the official spokesman of the House of Commons to the Monarch. In the early years of the office, several Speakers suffered violent deaths when they presented unwelcome news to the King. Further information can be obtained from factsheet M2 on the UK Parliament website.

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bills

A proposal for new legislation that is debated by Parliament.

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House of Lords

The house of Lords is the upper chamber of the Houses of Parliament. It is filled with Lords (I.E. Lords, Dukes, Baron/esses, Earls, Marquis/esses, Viscounts, Count/esses, etc.) The Lords consider proposals from the EU or from the commons. They can then reject a bill, accept it, or make amendments. If a bill is rejected, the commons can send it back to the lords for re-discussion. The Lords cannot stop a bill for longer than one parliamentary session. If a bill is accepted, it is forwarded to the Queen, who will then sign it and make it law. If a bill is amended, the amended bill is sent back to the House of Commons for discussion.

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shadow

The shadow cabinet is the name given to the group of senior members from the chief opposition party who would form the cabinet if they were to come to power after a General Election. Each member of the shadow cabinet is allocated responsibility for `shadowing' the work of one of the members of the real cabinet.

The Party Leader assigns specific portfolios according to the ability, seniority and popularity of the shadow cabinet's members.

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