PENAL PRACTICE (Hansard, 2 February 1959)

§ The Secretary of State for the Home Department and Lord Privy Seal (Mr. R. A. Butler)
The House has been much concerned by the continued increase in crime, and I should like to inform hon. Members of some steps that Her Majesty's Government have taken or propose to take.
A White Paper, called "Penal Practice in a Changing Society", will be available in the Vote Office at 4 p.m. It considers the weapons of the State 32 against crime—the criminal law, the police, and the penal system, and reviews the considerable programme of research which is in hand. But it is specially directed to the development of those forms of penal treatment involving some form of detention, and, in particular, to new proposals for dealing with young offenders. It surveys the problems of the prison system, work and prisoners' earnings, the need for a large programme of new building and reconstruction, and the contribution to be made by the prison staffs.
The probation service was last the subject of an inquiry in the mid-1930s, when it was still largely a part-time service; since then its full-time strength has multiplied nearly five times and it has doubled in size since the war. I have come to the conclusion that the time is ripe for an inquiry into all aspects of the service, including its functions and administration, and the important questions of recruitment, training, pay and conditions of work.
My right hon. Friend the Secretary of State for Scotland considers that an inquiry into the Scottish service is equally desirable, and we propose jointly to appoint a Departmental Committee for the purpose. We shall announce the membership and terms of reference as soon as possible.
The White Paper cannot be expected to deal with those deep-seated causes of crime which are reached not so much by legislation or administrative action, but by self-discipline, family responsibility and the influence and action of the Churches and other bodies which act as a leaven within the community. I therefore invited the leaders of the Churches and representatives of the local authorities and bodies concerned with family life, education and welfare to meet me this morning. I hope that the meeting will have stimulated thought and action which, quietly and unobtrusively perhaps, will mobilise the moral energies of the nation and build up its resistance to crime.
Allied to the problems of preventing crime and dealing with offenders is that of compensating the victims of crimes of violence. In order that we may make progress towards deciding whether a scheme such as that propounded by the 33 late Miss Margery Fry would be acceptable in principle and workable in practice I have decided, in consultation with my right hon. Friend the Secretary of State for Scotland to set up an Interdepartmental Working Party to examine facts and figures and consider how a scheme could be carried out.
Finally, there are questions of less spectacular interest, perhaps, but vital to the proper administration of justice. These concern the organisation of the criminal courts and the content of the criminal law. The first group of these questions is already being studied by an Interdepartmental Committee which the Lord Chancellor and I appointed last July under the chairmanship of Mr. Justice Streatfeild. To study the second group I have appointed, after consultation with my noble Friend, the Lord Chancellor, a Standing Committee on the Revision of the Criminal Law, with the following, terms of reference: To be a Standing Committee, to be known as the Criminal Law Revision Committee, to examine such aspects of the criminal law of England and Wales as the Home Secretary may from time to time refer to the Committee, to consider whether the law requires revision, and to make recommendations. I am glad to say that Lord Justice Sellers has accepted the chairmanship of the Committee; I am circulating the names of the other members in the OFFICIAL REPORT, together with information about the matters first to be considered by the Committee and its method of working.

§ Mr. Anthony Greenwood
I hope that the right hon. Gentleman the Home Secretary, in his other capacity as Leader of the House, will soon be able to give us an opportunity of debating the statement which he has just made. I should like to say, on behalf of the Opposition, that we welcome the statement, but the right hon. Gentleman will appreciate, of course, that we prefer to defer our more detailed comments until we know rather more about the implications of the White Paper in respect of prisoners' earnings and new buildings. Can the right hon. Gentleman tell us whether the White Paper covers proposals for the building of additional remand homes?
Meantime, is the right hon. Gentleman aware that we welcome the proposal for an inquiry into the probation service, for which a number of my hon. Friends and 34 I on this side of the House have pressed on a number of occasions? Is he aware that we welcome his attempt to mobilise the Churches, the local authorities and the voluntary organisations in the campaign against crime? Is he also aware that we welcome the setting up of an inquiry into the possibility of compensating victims of crime and the establishment of a Standing Committee on the Revision of the Criminal Law, about which the right hon. Gentleman was so kind as to consult my right hon. Friend the Member for Smethwick (Mr. Gordon Walker) and myself a few weeks ago?
Finally, may I assure the right hon. Gentleman that if he runs into difficulty with his less progressive colleagues in the field of penal reform, he can always rely on the support of the Opposition?

§ Mr. Butler
The question of a debate is certainly a matter for discussion, but we had all better read and consider the White Paper first before we decide to discuss these matters. As far as I am concerned, any constructive views will be very much welcomed.
As to the other points which the hon. Gentleman has made, there is a provision in the building programme, set out in the White Paper, on page 22, for proposals for remand and observation centres immediately. This is in the immediate future, and there are also proposals for all sorts of other buildings set out in detail in what amounts to an important advance in building for prisons.
I am sure that members of the probation service welcome the hon. Member's support for an inquiry into that service. He will be as aware as I am how much they deserve our consideration. As to the hon. Member's concluding remark, as I have such a wealth of support the little extra provided by the hon. Member will be very much valued.

§ Sir J. Duncan
Can my right hon. Friend say whether parallel action will be taken by the Secretary of State for Scotland? The right hon. Gentleman has mentioned Scotland in certain contexts, but not in others.

§ The Secretary of State for Scotland (Mr. John Maclay)
If I may reply to that question, I am not proposing at present to publish a White Paper, but I assure my hon. Friend the Member for 35 South Angus (Sir J. Duncan) that roughly parallel action is being taken throughout all this range of problems in Scotland.

§ Mr. Grimond
Is the Home Secretary aware that there will be widespread approval of the intention to pay the victims of crimes of violence some compensation? Is the decision made that such compensation should be paid, and the Committee is merely to inquire into how it will be paid, or is the decision that compensation should be paid still to be left open to the Committee?

§ Mr. Butler
To be fair to my right hon. Friend the Chancellor of the Exchequer, we must know the result of the inquiry before we finally decide on the issue, but the fact of the setting up of an inquiry shows that we are interested in making progress.

§ Mr. Gower
Is my right hon. Friend aware that the progressive things which he and his Department have done are consistent with progressive Conservatism, which has conferred and can confer such great benefits on this country?

§ Mr. Butler
I am very much obliged to my hon. Friend for reminding us of the continuity of our purpose and policy.

§ Mr. Royle
When the time comes to set up these committees, will the right hon. Gentleman impress upon them the necessity for urgent action rather than that we should have to wait two or three years for reports? Will the right hon. Gentleman's suggestion for a committee of inquiry into the probation service in any way interfere with present negotiations on probation officers' salaries?

§ Mr. Butler
No, Sir. We must treat the present negotiations on their merits and then set up the inquiry to deal with the future.

§ Mr. Hector Hughes
On the question of compensation to victims of crimes of violence, is the Home Secretary aware that recently there have been a number of very hard cases? Can the right hon. Gentleman say whether the terms of reference 36 will be sufficiently wide to enable recommendations dealing with past cases to be made?

§ Mr. Butler
I think that it is difficult to deal with past cases, but I am willing to listen to any observations on the subject. Perhaps the hon. and learned Gentleman will have a word with me about it.

§ Mr. Emrys Hughes
Will the Home Secretary or the Secretary of State for Scotland tell us whether there will be appointed to the committee somebody with inside experience of prisons?