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On Question, amendment agreed to.
Clause 48 [Penalty notices: appeal arrangements]:
[Amendments Nos. 56 and 57 not moved.]
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Baroness Morgan of Drefelin moved Amendments Nos. 58 to 62:
58: After Clause 48, insert the following new Clause—
“Non-participation fines: interpretation
(1) In this section and sections (Enforcement of non-participation fine etc: person reaching 18) to (Application of amounts recovered by virtue of section (Enforcement of non-participation fine etc: person reaching 18) or (Enforcement of non-participation fine etc: fine imposed on person aged 18 or over))—
“non-participation fine” means a fine imposed—
(a) for an offence under section 45, or
(b) in respect of a failure to comply with any sentence imposed for such an offence;
“the relevant sum”, in relation to a non-participation fine, means—
(a) the non-participation fine,
(b) any surcharge ordered under section 161A of the Criminal Justice Act 2003 (c. 44) (surcharges) to be paid solely in relation to the offence, and
(c) any costs ordered by a court to be paid by the person on whom the fine was imposed in connection with the offence or proceedings relating to the offence or any sentence imposed (including proceedings on appeal);
“relevant local education authority”, in relation to a non-participation fine, means the local education authority which issued the penalty notice under section 47 in respect of the offence to which the fine relates.
(2) References in those sections to a fine being imposed are, in the case of a fine varied or confirmed on appeal, references to its being varied or confirmed.”
59: After Clause 48, insert the following new Clause—
“Enforcement of non-participation fine etc: person reaching 18
(1) This section applies where—
(a) a non-participation fine has been imposed on a person aged under 18, and
(b) the relevant sum, or any part of it, remains unpaid when the person reaches the age of 18.
(2) When the person reaches the age of 18, the relevant sum ceases to be enforceable as a sum adjudged to be paid by a conviction of a magistrates’ court.
(3) Accordingly, after the person has reached the age of 18—
(a) the normal enforcement provisions do not apply in relation to the relevant sum, and
(b) the normal enforcement powers are not exercisable in relation to the relevant sum,
except so far as necessary to permit current enforcement processes to be concluded.
(4) Any order or warrant made or issued in relation to the non-participation fine, other than—
(a) an order under section 75 of the Magistrates’ Courts Act 1980 (c. 43) (power to dispense with immediate payment),
(b) an order under section 85A of that Act (variation of instalments of sum adjudged to be paid by conviction), or
(c) a current enforcement process,
ceases to have effect when the person reaches the age of 18.
(5) A magistrates’ court may, after the person has reached the age of 18, order that payment of so much of the relevant sum as remains unpaid may be enforced as if it were a sum due to the relevant local education authority in pursuance of a judgment or order of a county court.
(6) An order under subsection (5) may not be made unless—
(a) the person appears to the court to have sufficient means to pay the sum forthwith, and
(b) any current enforcement processes have been concluded.
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(7) For the purposes of this section, “current enforcement process” means an order or warrant mentioned in paragraph (a), (b) or (c) and any reference to its conclusion is to be read in accordance with that paragraph—
(a) a warrant of control—
(i) issued under section 76 of the Magistrates’ Courts Act 1980 (c. 43) (warrants of control etc) for the purpose of recovering the relevant sum (or any part of it), and
(ii) by virtue of which an enforcement agent has, before the person reaches the age of 18, taken control of any goods of the person under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (c. 15) (taking control of goods),
is concluded when property in all goods of the person has, in accordance with paragraph 6 of that Schedule, ceased to be bound by virtue of the warrant;
(b) an order in force when the person reaches the age of 18 under—
(i) section 81(1)(b) of the Magistrates’ Courts Act 1980 (c. 43) (enforcement of fines imposed on young offenders), or
(ii) section 137(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (power to order parent or guardian to pay fine, costs, compensation or surcharge),
requiring that the relevant sum (or any part of it) be paid by a parent or guardian of the person is concluded when it is revoked;
(c) an order in force when the person reaches the age of 18 under section 39 of the Criminal Justice and Immigration Act 2008 (c. 4) (youth default orders) in respect of the relevant sum (or any part of it) is concluded when it is revoked.
(8) Subsection (2) does not affect the exercise of any power, or any order made, in respect of the offence before the person reached the age of 18.
(9) The Lord Chancellor may by order amend subsection (4) or (7) by—
(a) adding to it provision about any warrant or order that may be issued or made, or step that may be taken, in relation to a non-participation fine before the person on whom it is imposed reaches the age of 18, or
(b) removing any such provision for the time being made by that subsection.”
60: After Clause 48, insert the following new Clause—
“Enforcement of non-participation fine etc: fine imposed on person aged 18 or over
(1) This section applies where a non-participation fine is imposed on a person who has reached the age of 18.
(2) Payment of the relevant sum may be enforced as if it were a sum due to the relevant local education authority in pursuance of a judgment or order of a county court.
(3) The relevant sum is not enforceable as a sum adjudged to be paid by a conviction of a magistrates’ court.
(a) the normal enforcement provisions do not apply in relation to the relevant sum, and
(b) the normal enforcement powers are not exercisable in relation to the relevant sum.
(5) But subsections (3) and (4) do not prevent a magistrates’ court, on imposing the fine, from—
(a) making an order under section 75 of the Magistrates’ Courts Act 1980 (c. 43) (power to dispense with immediate payment), or
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(b) making an order under section 80 of that Act (application of money found on defaulter to satisfy sum adjudged) for the person to be searched before leaving the precincts of the court-house; and subsections (2) and (3) of that section apply in relation to a search in pursuance of any such order.”
61: After Clause 48, insert the following new Clause—
“Enforcement of non-participation fine: further provisions
(1) In sections (Enforcement of non-participation fine etc: person reaching 18) and (Enforcement of non-participation fine etc: fine imposed on person aged 18 or over), “the normal enforcement provisions” means—
(a) Part 3 of the Magistrates’ Courts Act 1980 (c. 43) (satisfaction and enforcement);
(b) sections 135 and 136 of that Act (committal and detention for short period);
(c) section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (detention of persons aged at least 18 but under 21 for default or contempt);
(d) Schedules 5 and 6 to the Courts Act 2003 (c. 39) (collection of fines etc and discharge of fines by unpaid work); and
(e) section 300 of the Criminal Justice Act 2003 (c. 44) (power to impose unpaid work requirement or curfew requirement on fine defaulter).
(2) In sections (Enforcement of non-participation fine etc: person reaching 18) and (Enforcement of non-participation fine etc: fine imposed on person aged 18 or over), “the normal enforcement powers”, in relation to any sum, means—
(a) any power of a magistrates’ court or an officer of such a court—
(i) to enforce payment of the sum; or
(ii) which is exercisable in consequence of a default in payment of the sum or any part of it;
(b) in the case of a fine imposed, varied or confirmed by a decision of any other court on an appeal, any power of that other court to enforce the decision.
(3) The Lord Chancellor may by order amend subsection (1) or (2) by—
(a) adding a reference to any statutory provision which relates to enforcement of fines, costs or surcharges, or to any power to enforce payment of such sums, or
(b) removing a reference to any provision or power for the time being listed in that section.
(a) a sum is payable at a time or times specified by—
(i) an order under section 75 of the Magistrates’ Courts Act 1980 (c. 43) (power to dispense with immediate payment), or
(ii) orders under that section and section 85A of that Act (variation of instalments of sum adjudged to be paid by conviction), and
(b) the sum would (but for this subsection) be treated by virtue of section (Enforcement of non-participation fine etc: person reaching 18) or (Enforcement of non-participation fine etc: fine imposed on person aged 18 or over) as due to a local education authority in pursuance of a judgment or order of a county court,
the sum is to be treated as so payable to that authority at the time or times referred to in paragraph (a) by virtue of an order of the county court under section 71(1) of the County Courts Act 1984 (c. 28) (satisfaction of judgments and orders for payment of money).”
62: After Clause 48, insert the following new Clause—
“Application of sums recovered by virtue of section (Enforcement of non- participation fine etc: person reaching 18) or (Enforcement of non-participation fine etc: fine imposed on person aged 18 or over)
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(1) The Lord Chancellor may by regulations make provision as to the application of amounts recovered by local education authorities by virtue of sections (Enforcement of non-participation fine etc: person reaching 18) and (Enforcement of non-participation fine etc: fine imposed on person aged 18 or over).
(2) Any such regulations must make provision for securing that any such amount recovered, so far as not—
(a) attributable to county court enforcement costs, or
(b) paid to a magistrates’ court, or to an officer of such a court,
is repaid to the person on whom the non-participation fine to which it relates was imposed (or other person who paid the amount).
(3) Regulations under this section may make provision, in particular, as to—
(a) the extent to which amounts recovered by virtue of section (Enforcement of non-participation fine etc: person reaching 18) or (Enforcement of non-participation fine etc: fine imposed on person aged 18 or over) are attributable to county court enforcement costs;
(b) further payments, or repayments, to be made in consequence of any appeal, or of any remission or variation of a non-participation fine or any other amount required to be paid.
(4) In this section, “county court enforcement costs” in relation to a non-participation fine means costs incurred by a local education authority in connection with the recovery of the relevant sum in a county court.”
On Question, amendments agreed to.
Clause 53 [Financial penalties]:
Baroness Morgan of Drefelin moved Amendment No. 63:
63: Clause 53, page 29, line 31, at end insert—
“( ) Where a person is required by a penalty notice given under section 22 or 28 to pay a financial penalty, and
(a) has given a notice of objection to the local education authority under section 23 or 29, or
(b) has appealed against the giving of the penalty notice under section (Appeal against penalty notice given under section 22) or (Appeal against penalty notice given under section 28),
the penalty is not enforceable until the authority has given a determination notice under section (Withdrawal or variation of penalty notice given under section 22 following notice of objection) or (Withdrawal or variation of penalty notice given under section 28 following notice of objection) in relation to the penalty notice, or, as the case may be, the appeal has been determined.”
On Question, amendment agreed to.
Clause 56 [Support services: provision by local education authorities]:
Lord Elton moved Amendment No. 64A:
64A: After Clause 56, insert the following new Clause—
“Assessment for specific learning difficulties
(1) Each pupil in a maintained and voluntary aided school must—
(a) before his sixth birthday;
(b) in the second year after completion of Key Stage one; and
(c) in the first year after Key Stage two,
receive an assessment for risk of specific learning difficulties.
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(2) Each person sentenced to imprisonment in one of Her Majesty’s prisons or a young offender institution or a secure training centre must within one calendar month of the commencement of his sentence receive an assessment for risk of specific learning difficulties.
(3) The assessment shall be carried out by a prescribed person with prescribed qualifications.
(4) The specific learning difficulties referred to in subsection (1) are—
(a) dyslexia;
(b) dyscalcula;
(c) dyspraxia;
(d) dysgraphia;
(e) Asperger’s syndrome;
(f) attention deficit disorder;
(g) attention deficit and hyperactivity disorder;
(h) Meares-Irelen syndrome;
(i) a high level of co-morbidity of any two or more of the above conditions.
(5) In this section “prescribed” means prescribed by order of the Secretary of State.
(6) The Secretary of State may, by order, specify conditions to be added to those referred to in subsection (4).”
The noble Lord said: My Lords, as a result of exchanges within the wings of this parliamentary theatre, I understand that the Government are under great pressure of time and would be greatly helped if we curtailed this debate. I am happy to take the minimum of your Lordships’ time on the understanding that the Minister will come forward with assurances and that if they are not satisfactory she can be assured of a somewhat lengthy and perhaps acrimonious exchange at Third Reading.
I draw the Minister’s attention to the fact that there are two legs to the amendment, one relating to maintained schools and the other to places of detention, and I will need assurances on both legs.
Other noble Lords have remained in the Chamber specifically to speak on this amendment. If they were to restrain themselves to contributions no longer than mine and to an expectation as eager as mine for Third Reading I should be most grateful. I beg to move.
Lord Ramsbotham: My Lords, I shall be as short as possible. I am particularly interested in the second part of the amendment, which refers to children in custody. This is by no means the first time that this issue has been raised. Indeed, as Chief Inspector of Prisons, I raised it in 1999 as a requirement to enable speech and language therapists to assess everyone coming in for what they could do, could not do, their communication difficulties, healthcare and so on. This went on to a trial proving that these people were indispensable in every young offender institution, not only in the areas of speech and language but to guide disciplinary staff, education, healthcare and so on.
It was then picked up by the Bercow review, which reported this summer. A large part of that review is devoted to the desperate importance of assessment as early as possible. All the points in the amendment are in line with what the Government have known for some time and have had put to them on many occasions. I hope the Minister will accept that ministries such as the Ministry of Justice and the Department of Health
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5.45 pm
Lord Addington: My Lords, I have one question for the Minister, which applies to both legs of the amendment. Will there be some facility to explain what the hidden difficulty is, either to the parent, in the first case, or to that young person who is in the system? By this I mean that if you tell somebody that they are dyslexic—to use an example that I know about—their first question is, “What does that mean?”. If you then give some diatribe about working harder and not getting your Bs and Ds wrong, you probably deserve to have something thrown at you. If you explain that it is something to do with problems of short-term memory and the way one functions and processes information, and nothing to do with intellectual ability, you may open the door to that person being receptive to forms of help in the future. That is why it is very important that somebody is there to explain, either to the parent or the young person, exactly why they have failed—or, at least, one of the reasons why they have failed—in the past. Without that, simply going back to something like a classroom situation, particularly in the case of young offenders, is only going to make a bad situation worse.
Baroness Verma: My Lords, on these Benches we have great sympathy with my noble friend Lord Elton’s amendment. We look forward to the Government’s assurances to satisfy his concerns.
Baroness Howe of Idlicote: My Lords, I very much support this amendment and have no doubt that it will save money in the long run. I hope it will be agreed to.
Lord Lucas: My Lords, the amendment will save not only money, but a lot of lives, or at least the point of lives. There are far too many people with obviously treatable problems, such as dyslexia, who end up in prison because their problems are never spotted. Good schools carry out this kind of diagnosis anyway, but far too many do not and tend to forget about those children, who fail as a result. This is a simple, well understood remedy, which the Government could easily take, given sufficient money.
Baroness Morgan of Drefelin: My Lords, I have a lengthy speaking note in response to this. This is an incredibly important subject, of great concern to your Lordships’ House. I appreciate that that is why the noble Lord, Lord Elton, has tabled this amendment. I would never presume that any conversation we might have between now and Third Reading would necessarily rule out his absolute right to bring his concerns to Third Reading. I hope we can meet before then to discuss his concerns, and not only those about dyslexia. Jim Rose is undertaking a review of dyslexia at the moment. We are thinking about such things as specific modules in teacher training, and so on. There is much to say on this, but I know that there are other areas of concern to the noble Lords, Lord Ramsbotham, Lord Addington and Lord Lucas. They have legitimate
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Lord Elton: My Lords, I think that will read, in Hansard, like a very firm undertaking to discuss, with no undertaking whatever as to what will emerge from those discussions. I am glad to meet for such discussions. I hope they may include noble Lords who have spoken in his admirable mini-debate, which has brought out the main points, and that they can be timely, so that we are not again rushing to do something which ought to be done with great deliberation. With warm thanks to those noble Lords who have stayed for this rather formal little dance, prior to the real debate—which will not, alas, be recorded in Hansard—I beg leave to withdraw the amendment.
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