My Lords, this is the fourth iteration of the concept I floated at Second Reading and which we have debated in Committee and on Report. I can claim no credit for the idea. It was conceived in the United States in 2008 where it has been applied with remarkable success in terms of the reduction in reoffending by ex-service men and women and in promoting their welfare, with courts now established in every state. It is now seen as embedded in the justice system and is an integral part of what we in this country call the military covenant, under which we recognise the special responsibility we have as a society for those who have served their country, often in difficult and dangerous circumstances.
The veterans’ treatment courts do not adjudicate on guilt or innocence. Nor do they deal with those who are convicted of, or plead guilty to, crimes for which only a custodial sentence would be appropriate. Their purpose is to promote the rehabilitation and prevent the reoffending of men and women who often find it hard to readjust to civilian life, which is so different from the collective existence—perhaps better described as the regimented existence—that, of necessity, military service often involves. Some will have suffered, and may continue to suffer, combat stress or post-traumatic stress disorders and a number will fall foul of the law, with crimes of a violent or sexual nature being particularly common.
The courts in America are presided over by the relevant judge. A veteran mentor is assigned to each offender, who has to attend monthly court sessions and is helped in a variety of ways to adjust to life in the wider community, receiving practical, psychological and, where necessary, clinical support. Failure to co-operate with the treatment court leads to a return to the sentencing court and the risk of a prison sentence.
It must be said that there is no certainty about the numbers that might be involved in this country were we to adopt the system, even for those serving prison sentences. The MoD estimates that some 3.5% of
prisoners at any one time are ex-service personnel. However, other estimates rise as high as double figures. A survey by Mr Colin Back of the Regular Forces Employment Association, who has worked extensively with this group and who attended a recent helpful meeting with the Prisons Minister, Mr Damian Green, has produced an estimate of those claiming and proven to have served in the Armed Forces to be an average of 6% of the inmates in a wide range of establishments, with a lowest figure of 3% and a highest figure of 11%. It is likely, however, that these figures are understated because some of those in prison do not wish to disclose their status to other prisoners or to those who, like Mr Back, are inquiring as to their position, because of concerns about how other prisoners will react or fear of loss of pensions and the like.
Be that as it may, it is clear that the number of ex-service men and women who come before the courts will substantially exceed the number who end up in prison. Even 3.5% of those who receive non-custodial sentences such as probation or community sentences will amount to several times the lowest estimate of those in custody, which is around 2,500. I do not find the number quoted by the Minister on Report for this group of non-custodial offenders of some 5,800 to be particularly credible, except perhaps as an annual figure. Therefore, over time the offending group will be quite substantial and the cumulative total must be considerably higher. We must remember that the figures are but a snapshot at any one time so the total who will have been in the system over time, whether in prison or—particularly relevant here—on non-custodial sentences, will be correspondingly greater. Moreover, at current reoffending rates, the figure would be further inflated. Obviously, addressing the general reoffending rate is the whole point of this Bill. Finally, those who have served in Bosnia, Iraq and Afghanistan are due to return and 20,000 will leave the forces, so the potential for an upward spike in numbers is all too apparent.
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Therefore, it is clearly in the interests of those who leave the services and who face—or cause—difficulties in the civil society to which they return, to help them avoid reoffending, which after all is the purpose of this Bill, whose objectives of course we all share. The US experience is overwhelmingly successful in that respect, with the original veterans’ court in Buffalo, New York, recording a 100% success rate. Making every allowance for the differences between our two countries, their legal systems and their support mechanisms for veterans, the evidence surely speaks for itself. I pay tribute to the work of the British Legion and other bodies that offer support to ex-service men and women, but we need to develop a system which, while working with such organisations, has a more formal character and is designed specifically to deal with this problem.
In previous debates I mentioned work done in the north-east, the largest contributor of recruits to the Armed Forces, around the health needs of the ex-service community, particularly mental health needs. A number of initiatives have taken place in local authorities in the region, working with the NHS and NOMS, for example. The Northumbria Probation Trust—which,
of course, will be abolished if the Government press on with their proposed changes to the service, contrary to the amendment to the Bill carried by this House, to which the noble Lord, Lord Ramsbotham, referred a moment or two ago—has a veterans’ champion in each of its six delivery units. Local councils have developed a greater awareness of veterans’ needs and have been recalibrating relevant services accordingly. It is the ideal area in which a pilot scheme, as envisaged by proposed new subsections (3) and (4) of the amendment, might be established and evaluated. Of course, there might be other contenders. Mr Oliver Colvile, the Conservative Member for Plymouth Sutton and Devonport, who attended the recent meeting with Mr Green, would be an advocate for such a pilot in his area, which has a substantial Royal Navy presence.
The amendment does not seek an unequivocal commitment to the establishment of veterans’ treatment courts. On Report, the Minister was kind enough to characterise me as a latter-day Lenin. On this issue, I see myself as more of a Fabian, of the kind with whom the Minister, in a previous incarnation, would have felt comfortable. The amendment calls for a report dealing with, but not limited to, a range of issues and providing for the option of pilots and, if successful, the creation of a permanent scheme. The Minister has expressed some sympathy with the proposal but a virginal reluctance to commit. Mr Green was also sympathetic and mentioned the possibility of including it, should legislation be necessary, in what he rather alarmingly referred to as another possible justice Bill in this Session.
I cannot see why the Government should be so diffident about the proposal, which does not tie their hands, would not involve building courts—let alone vastly expensive Titan-type prisons—and would cost significantly less to pilot than the Chancellor has pledged to commemorate those veterans who fell 200 years ago at Waterloo. Accepting the amendment would both symbolise our continuing commitment to those who serve and help the Government achieve the objectives of this Bill by reducing reoffending, thereby protecting the public and saving public money. I beg to move.