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Crime and Policing Bill

My Lords, I will speak to Motion C1. I thank the Minister for Amendments 342C and 342D. I also thank the Minister and his officials for the time that they have spent with me during the passage of the Bill.

I am pleased that the Government have taken on board a number of the concerns that I have raised. Amendment 342C ensures that the guidance is now mandatory. The police must have due regard to it, and it must address alternative interventions. The Minister has confirmed that the police will be required to present evidence to the court on what alternatives were tried or considered and has also provided helpful clarity on the broader consultation process beyond youth offending teams. These are important technical steps towards the informed justice that I have sought.

However, it is a matter of regret that the Government did not feel able to go further. We debate these powers in the immediate wake of the Southport inquiry, where Sir Adrian Fulford identified a “fundamental failure” by agencies to take ownership of risk, and an “inappropriate merry-go-round of referrals”.

The Government argue that it would be premature to codify the inquiry’s lessons before a fuller review of its recommendations this summer. However, we have seen before how recommendations from vital inquiries, such as the Independent Inquiry into Child Sexual Abuse and the Manchester Arena Inquiry, can be accepted in principle yet delayed in practice. The families in Southport deserve more than a watching brief. They deserve the certainty of law. I also hope that these concerns will be reflected in the Home Office guidance for youth diversion orders. I welcome the Minister’s offer to share the guidance in advance and trust that it will be as clear and unambiguous as he has indicated.

In light of the concessions made, and the Minister’s assurance on parliamentary oversight via the negative procedure, I am prepared to accept the Government’s position today and will not divide the House on Motion C1. However, let me be clear: this is not the end of the matter. We will watch closely for the guidance to be laid before Parliament. The Home Secretary has already admitted that past guidance failed because it was applied inconsistently. If the new guidance is lacking, or the Government’s response to the Fulford report is diluted, I will not hesitate to table a Motion to ensure that this House can fully debate those failings. We are legislating for powers designed to prevent mass-casualty tragedies so safety must be built on the full multi-agency picture, not on administrative hope.