L

Lord Marks of Henley-on-Thames (LD)

Speaking in the House of Lords on 20 May 2026

Debate

Youth Justice

Contribution

My Lords, the success in reducing the number of children in custody has been a great achievement, and we should still be concentrating on further bringing down that number. That success has been largely achieved through the work of the Youth Justice Board, in which my noble friend Lord McNally played a major part during the coalition. We note the commitment to reform of the Youth Justice Board, but such reform should be constructive and committed to rehabilitation and reform, turning lives around, whether or not the youth justice service is at some stage in the future housed within the MoJ. The Statement rightly emphasises how often the criminal conduct of children and young people is the result of instability, trauma and neglect, accompanying violence, addiction and abuse among those around them. But we must also address those factors that lead to Black children being so much more vulnerable to ending up in the criminal justice system. The Statement is right about that, as David Lammy was when he did his review in 2017. On these Benches we have long sought to address these issues, but the Government now rightly highlight new hazards facing children and young people and leading to crime: online harms, criminal grooming through social media and exposure to extremist content. The £46 million to be invested in the turnaround programme is of course welcome, and the Statement is also right to call for early and effective intervention. But the likely success of new and recent measures—including parenting orders, youth diversion orders, youth intervention courts or reforms to the out-of-court resolution service—cannot yet be assessed. All these measures will take resources, and the amount is difficult to quantify. Can the Minister say a little more about the resourcing of the reforms promised? How, for example, was the £46 million figure assessed? In proceedings on the Sentencing Bill, now Act, we discussed the extra resources needed for the Probation Service and others, not only for extra handling of early release, tagging and post-release supervision but to improve both the quantity and quality of the supervision of offenders and the help that the Probation Service necessarily provides to the courts. So how, we would ask, is the need for resources to be kept under review, and what extra resources may there be to meet a need that is currently unforeseen? Is there sufficient flexibility to avoid the increases in offending that inevitably follow from underresourcing? Spending in this area is largely spending to save, given the massive direct and social cost of crime, and particularly of reoffending. Annexe A to the White Paper rightly sets out eleven “golden questions” for further research, saying there are “key evidence gaps”. What plans have the Government to fill those key evidence gaps? Finally, the age of criminal responsibility is at last to be reconsidered. I remember the noble Baroness defending the present age of criminal responsibility— I disagreed with her then, and I do now—and I note the endorsement by the noble and learned Lord, Lord Keen, of her former views. There is also to be reform of the childhood criminal records regime, or that too is mooted and is welcome. We have long argued that to criminalise a child at the age of 10 flies in the face of all the evidence on developmental reform, and that it is inhumane and wrong. I ask, because this is an all-party and an all-public issue, how will this consideration proceed? Will there be formal public or all-party consideration? I certainly look forward to discussing these issues in depth, as I know others do.

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