Secure Training Centre (Amendment) Rules 2007

My Lords, like other noble Lords, I thank the noble Lord, Lord Carlile, for the opportunity he has given us, by praying against the statutory instrument, to have a serious and sober debate on these very important issues. I am very grateful to him for his constructive approach and for the discussions that have taken place in the past week between him, my right honourable friend Mr Hanson and officials in my department. I also thank all noble Lords who have spoken in this wide-ranging and important debate. We all have in mind the tragic deaths of Adam Rickwood and Gareth Myatt. I reassure all noble Lords that the safety of young people in custody—and custody for young people should, in my view, always be a last resort—is a priority for my department and the Youth Justice Board. The noble Baroness, Lady Linklater, described a lack of horror at these cases. I have not discovered that in my very preliminary dealings with the department and the service generally. I visited Rainsbrook secure training centre last week, where I talked to young people and the staff. I found it very informative and, indeed, moving. I have also read the noble Lord’s report, which was very well written and clearly expressed. The right reverend Prelate talked about the essential requirement for training in the training centre. I was impressed with the education centre there and the outcomes that I hope it will produce for those young people. I understand fully the concerns that noble Lords have expressed but I do not believe that this statutory instrument will turn back the clock. I know that the right reverend Prelate the Bishop of Worcester did not like the word ““clarification”” and thought that it had an Orwellian aspect, but the amendment to Rule 38 is being introduced because, in terms of the inquest, there is a lack of clarity. That is what the SI is designed to do—nothing more. It is not an attempt to put back the clock or open the door to the inappropriate use of restraint. The primary legislation governing the establishment and running of secure training centres is the Criminal Justice and Public Order Act 1994. I was rather surprised when the noble Lord, Lord Kingsland, referred to the use of the private sector, and I shall come back to that in a moment. He will recall that the Act provides for the centres to be run by either the public or the private sector and makes special provision for any centres that are contracted out. All four of the centres that have so far been established are contracted out. Section 9 of the Act is headed: "““Powers and duties of custody officers employed at contracted out secure training centres””." Subsections (1) and (2) deal with officers’ powers to search offenders or other persons at the centre. Subsection (3) lists the duties of officers as respects offenders detained in the centre. These are: to prevent their escape from lawful custody; to prevent, or detect and report on, the commission or attempted commission by them of other unlawful acts; to ensure good order and discipline on their part; and to attend to their well-being. So the phrase, "““to ensure good order and discipline””" is already on the statute book and was placed there in relation to this aspect in the 1994 Act. However, the question of clarification arises because in the Secure Training Centre Rules 1998, in their original form, Rule 38, which deals with the use of physical constraint, does not include ensuring good order and discipline as one of the purposes for which physical restraint may be used.