Lord Thomas of Cwmgiedd (CB)

My Lords, I will make a few observations. No one can doubt the revulsion towards sexual offenders who have attacked their own children or have the potential to do so, but there are two practical points that we must bear in mind. First, the criminal justice system and the criminal courts, and the family justice system and the family courts, have been starved of resources by both Governments—there is no doubt about that. When sentence lengths are increased by both parties, we end up with a situation in the prisons that is a crisis. In deciding what orders to make in this kind of case, it is of paramount importance to have regard to the resource implications. It is no use saying that there is money for this. There is not. The courts system is starved, and the result of that is victims suffering in a whole host of other cases by the tremendous backlog. Both this Government and the last Government are responsible for the position into which the courts have been placed. When we look at this, please have regard to resources. The second point, a point made by the noble Lords, Lord Russell of Liverpool and Lord Meston, is that it is important that we get correct the balance as to what the Crown Court is to do and what the family court is to do. I am not sure, having listened to this debate, that that is a matter that has been sufficiently addressed. The one thing you cannot have—because it is a waste of resources and does not deploy expertise correctly—is the lines not clearly drawn. I hope very much that, before this comes back, there will be the opportunity for those who have day-to-day responsibility in the judiciary and the Courts Service, together with the ministry, to be sure that we have got the most effective and efficient use of resources and the right kind of drawing the line. It is very difficult, but we cannot ignore the bankrupt state of the courts. It is a regrettable fact, and we must not make the mistake we have made in relation to sentencing.