My Lords, I thank the Minister for his response. I did not quite realise it would end up in a dispute about the semantics. I am not a lawyer, and I think the law should be clear; I think I know the difference between “particular” and “exceptional”, but I will not go there again today. I thank noble Lords for their support for the amendments and the incisive, perceptive comments they have made.
I go back to my earlier premise that we must remember that, under the UN Convention on the Rights of the Child, children are those under 18, not 16. Everything that has been said by colleagues today expresses concern about the treatment of children in our youth justice system.
This has been a concern of the UN Committee on the Rights of the Child for years. As I said, it will be reporting back again next year on how we treat our children in the youth justice system. I hope that it finds something more acceptable than what it has in the past. By amending this Bill, we could possibly move a step forward on that issue.
The issue, for me, is that this is about children’s rights, and we should really consider those. I noted the comments of several colleagues. The noble Lord, Lord German, brought up the important issue of who is in the system and how black and minority-ethnic children, especially boys, are overrepresented in the system. We should think about that carefully.
The Government speak about levelling up in society, but I think the strategy set out in much of this Bill will do just the opposite. I will of course read carefully the comments of the Minister. I am afraid that I cannot stay for his later comments on a different group, but I will also read those carefully.
We must remember that children do not arrive fully formed at the age of 16—or any age, for that matter. We have recently been presented with research on the brains of adolescents and children which comes up with some surprising examples of how the brain does
not in fact mature until over the age of 18, certainly, and that children should be treated as children. This provides unequal effects on children.
As has been said in the debate today, children have been affected by Covid and by the developmental health issues it brought about, as well as by the effects of delays on sentencing. All in all, I do not think that this is a very happy story as far as children are concerned.
I will need to consult other colleagues who have spoken today and respond to those organisations and individuals who have been so important in giving advice on these amendments to the Bill. Youth justice is such an important issue, which I feel we must push further on Report. I will not respond to all the Minister’s points today, because that would take a long time; I may wish to have a discussion with him, if he will consent, about some of these important issues. I beg leave to withdraw the amendment.