Lord Burnett of Maldon (CB)

My Lords, I was not intending to intervene at all in this group, but could I just try to inject an element of reality into Amendment 86A, which the noble Lord, Lord Jackson, proposes? It requires the courts service to record and retain, in respect of all offenders convicted and sentenced in the Crown Court and magistrates’ court, the details that have been referred to: country of birth, nationality, ethnicity, immigration status, and the offences themselves. It is important to remind the Committee that, in the magistrates’ courts, hundreds of thousands of minor offences are dealt with every year. For example, there are hundreds of thousands of motoring offences such as speeding, careless driving, not having insurance and matters of that sort, as well as tens or hundreds of thousands of failures to pay a TV licence. The vast majority of those cases do not trouble a court in the normal sense, in that there is no hearing in a court. They are dealt with under the single justice procedure. Almost all of them, save those that are contested, are dealt with, essentially, on the papers. The information identified in the proposed amendment is not available at the moment, and it is difficult to see how it might be made available. I cannot, for the moment, think of a way that it could be done without exponentially increasing the burden on the system generally and imposing huge burdens on those who have been prosecuted for speeding or not having a TV licence, and so forth. Unless there were compulsion of some sort for this information to be given, nothing could sensibly happen. I do not seek to express a view on the merits of collecting such information, or at least parts of it, for some cases; that already happens, as in the Crown Court, to some extent. However, the breadth of this amendment travels into the area of unreality, I regret to say.