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My noble friend Lady Massey asked about intergovernmental working. I am glad to be able to tell her that to bring about further improvements following the Green Paper in 2005, we created a new policy team in my department to work closely with the Home Office, the Department for Work and Pensions, the Youth Justice Board and the Learning and Skills Council on reviewing provision. There is now an inter-ministerial group on reducing reoffending, including representation from the Department for Communities and Local Government. In our recent Next Steps document, which was published last December and which I circulated to noble Lords before the debate, we have encouraged children’s trusts, local authorities

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and the new local partnerships to develop vocational education for 14 to 19 year-olds and to pay greater attention to education services for young offenders. Many local authorities had, in fact, already set their own targets. Kensington and Chelsea, for example, is focusing on the percentage of 16 to 18 year-olds leaving custody who then participate in full-time education, training or employment. We would like more local authorities to follow that lead.

We are now in the middle of a public consultation on the Next Steps document, which runs until 4 July. It covers all young people in England aged between 10 and 17 who are supervised by the youth justice system, both in custody and in the community, with a particular focus on offenders of compulsory school age. It includes consideration of all three types of secure establishment: young offender institutions, secure training centres, and secure children’s homes. Responses to our consultation will play a key role in how we prioritise the issues and develop policy, and the Government are encouraged by the input from many working in the youth justice and voluntary sectors. In reply to the direct question asked by my noble friend Lady Massey, I can tell her that we are committed to publishing further plans by the end of this year in response to that consultation.

I shall briefly highlight four key areas covered by the Next Steps document, which are of direct relevance to today’s debate. First, we are exploring ways of ensuring that custodial regimes are organised to best promote participation in education. For some young people, the structured environment of a custodial institution is conducive to education. For others with poor memories of school, however, other incentives are needed to engage them in learning. In particular, we recognise the high incidence of special educational needs among young offenders. Issues under consideration include the prompt sharing of information from existing SEN statements, and ensuring that the additional support identified in those statements is provided in youth custody.

Secondly, as the noble Lord, Lord Lucas, rightly highlighted, we need a curriculum that is well suited to the needs of young offenders. Programmes should make teaching basic literacy and numeracy a priority, but they must also go on to equip young people with wider skills—including PSHE, social skills, and relationship skills, which the noble Earl, Lord Listowel, mentioned—which young people need both to apply for jobs and to become better citizens when they leave their custodial settings. This means identifying the means to provide consistent learning programmes across the secure estate, as transfers between establishments are sometimes unavoidable, and spanning the period before and after custody. It also requires the recognition that many young offenders in custody do not respond well to a traditional classroom environment. We are therefore considering how the current reforms to the 14-to-19 curriculum, including the introduction of new vocational diplomas, can be applied to young offenders. The transition from custody back to community is an especially critical point for young people. The supervision and support provided in custody must

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continue on release. This requires planning for education, training or employment early in a young person’s sentence.

The third area to highlight is workforce development, rightly mentioned by the noble Lord, Lord Dholakia, the noble Earl, Lord Listowel, and my noble friend Lady Gibson. A set of questions and points were raised in the contributions and I will respond to them in writing. Suffice it to say that we recognise the need for considerably greater attention to workforce development in this area.

The fourth area that we are examining is the accountability framework for custodial education. During the Committee stage of the Education and Inspections Bill, some noble Lords argued that local authorities should have greater responsibility in this area; we are looking at this issue.

I hope I have been able to demonstrate the extreme seriousness with which we and the Youth Justice Board take this issue. When we say “every child matters”, that includes every child in custody. We will continue to improve the educational welfare of young offenders. We are very grateful for all the comments made in today’s debate; I hope that they will help us to forge better policy in this area.

Legal Services Bill [HL]

8.25 pm

Further consideration of amendments on Report resumed on Schedule 16.

[Amendment No. 446ZA not moved.]

The Parliamentary Under-Secretary of State, Department for Constitutional Affairs (Baroness Ashton of Upholland) moved Amendments Nos. 446A to 467:

(a) the solicitor’s clients, other persons or trusts, generally, or(b) that client, person or trust, separately.””(a) an act or omission of a solicitor or former solicitor;(b) an act or omission of an employee or former employee of a solicitor or former solicitor;(c) the exercise by the Society of any of its powers under Part 2 of Schedule 1.

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(a) as to the circumstances in which such grants may and may not be made;(b) as to the form and manner in which a compensation claim is to be made;(c) as to the procedure for determining compensation claims;(d) for the making of grants in respect of a compensation claim before it is finally determined;(e) for a grant to be made by way of loan in such circumstances and on such terms as may be prescribed in, or determined in accordance with, the rules;(f) for a grant to be made by way of making good a deficiency in monies held in trust by the Society under paragraph 6 or 6A of Schedule 1;(g) as to the minimum and maximum grants payable in respect of a compensation claim (or a claim of a prescribed description);(h) for the Society to be subrogated, to such extent as may be prescribed, to any rights and remedies of a person to whom a grant is made in relation to the loss in respect of which the grant is made.(a) the nature of the loss;(b) in a case within subsection (1)(a) or (b), the nature of the act or omission.(a) not to make a grant in respect of a compensation claim or any part of a compensation claim, or(b) to make a grant of less than the amount claimed,it must give reasons for its decision.“compensation claim” means a claim for the Society to make a grant of the kind mentioned in subsection (1);“prescribed” means prescribed in rules under subsection (1).

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(a) borrow for the purposes of a compensation fund;(b) charge investments which form part of a compensation fund as security for borrowing by the Society for the purposes of that fund.(a) payment of premiums on insurance policies effected under subsection (6);(b) repayment of money borrowed by the Society for the purposes of the fund and payment of interest on any money so borrowed;(c) payment of any other costs, charges or expenses incurred by the Society in establishing, maintaining, protecting administering or applying the fund;(d) payment of any costs, charges or expenses incurred by the Society in exercising its powers under Part 2 of Schedule 1;(e) payment of any costs or damages incurred by the Society, its employees or agents as a result of proceedings against it or them for any act or omission of its or theirs in good faith and in the exercise or purported exercise of such powers.“compensation claim” has the same meaning as in section 36;“compensation fund” has the meaning given by subsection (1);“compensation rules” means rules under section 36(1).””(a) to make an order under subsection (2), or(b) to make an application to the Tribunal for it to make such an order.(a) make different provision for different cases or purposes;(b) provide for the whole or part of a charge payable under

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the regulations to be repaid in such circumstances as may be prescribed by the regulations.“(a) for subsection (1) substitute—“(1) It is an offence for a person in respect of whom there is in force an order under section 43(2) which contains provision within section 43(2)(a)—(a) to seek or accept any employment or remuneration from a solicitor in connection with the practice carried on by that solicitor, without previously informing the solicitor of the order;(b) to seek or accept any employment or remuneration from a recognised body, or a manager or employee of a recognised body, in connection with that body’s business, without previously informing the body, or manager or employee, of the order.(1A) It is an offence for a person in respect of whom there is in force an order under section 43(2) which contains provision within section 43(2)(b) to seek or accept a position as a manager of a recognised body, without previously informing that body of the order.(1B) It is an offence for a person in respect of whom there is in force an order under section 43(2) which contains provision within section 43(2)(c) to seek or accept an interest in a recognised body from any person, without previously informing that person and (if different) the recognised body of the order.(1C) A person guilty of an offence under subsection (1), (1A) or (1B) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.”,” and for the purposes of subsection (1B) a person seeks or accepts an interest in a recognised body if the person seeks or accepts an interest which if it were obtained by the person would result in the person having an interest in shares in that body within the meaning of Part 5 of the Legal Services Act 2007 (see sections 71 and 107 of that Act).””(d) after “possession” insert “or under the control”.”

On Question, amendments agreed to.

[Amendment No. 467A not moved.]

Baroness Ashton of Upholland moved Amendments Nos. 468 to 492A:



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“( ) after subsection (3A) insert—“(3B) For the avoidance of doubt, nothing in this section permits the Tribunal to make an order requiring redress to be made in respect of any act or omission of any person.””(a) in paragraph (a) for “Secretary of State” substitute “Lord Chancellor”,(b) after paragraph (d) insert—“(da) a member of the Legal Services Board nominated by that Board;”, and(c) in paragraph (e) for “Secretary of State” substitute “Lord Chancellor”.”(a) for “Secretary of State” substitute “Lord Chancellor”, and(b) ” ( ) for subsection (5) substitute—“(5) A provision in a contentious business agreement that the solicitor shall not be liable for negligence shall be void if the client is a natural person who, in entering that agreement, is acting for purposes which are outside his trade, business or profession.(6) A provision in a contentious business agreement that the solicitor shall be relieved from any responsibility to which he would otherwise be subject as a solicitor shall be void.””(a) signed in accordance with subsection (2A), and(b) delivered in accordance with subsection (2C).(a) signed by the solicitor or on his behalf by an employee of the solicitor authorised by him to sign, or
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