Policing and Crime Bill — House of Commons, 2016-04-26
Topic: Law and Crime
Christopher Laurie Malthouse (Conservative, Centre-right): My right hon. and learned Friend makes a valid point. However, these people are somehow financing an alcohol habit, so they are paying for alcohol. I think my right hon. and learned Friend would be surprised at the demographic of offenders. In the US, this was more often used for repeat drink-driving than anything else. In this country, repeat drink-driving is predominantly a crime of white, middle-aged, professional men; it is they who get done most for this offence. One hopes that they would indeed be able to afford to pay the cost My right hon. and learned Friend is, however, right that the proposal is that the police "may" charge. They do not have to. If a PCC believes it would be useful, they could apply to the Home Secretary to run a scheme on a charging basis and then decide on the charge. It might be 50p a day, a pound or £3—who knows? It will depend on the area and the level of offences committed Having this particular power adds two critical things to the scheme. First, one of the successes in the US is that the scheme gives offenders the notion that they are in control of their destiny. Every time they reach for a drink, they have to think about the consequences. That is why there is such high compliance—because people feel they are in control. At the same time, having to pay provides an even greater sense of ownership of the disposal. Offenders understand that this is a punishment; they understand that they have to take responsibility and finance the scheme themselves. It is essentially "the polluter pays" Secondly, although this disposal has been wildly successful in London and has spread to the rest of the capital, it took a lot of up-front Government funding to get the scheme out there. The Ministry of Justice had to put in £500,000 and the Mayor has done the same to get the facilities out and around town. If we want the disposal to spread so that other PCCs take it up, there needs to be a business case. Bluntly, I am a Conservative, and if there is a flow of income coming from this disposal to a PCC in a way no other disposal will allow, I believe PCCs would be more likely to use it and invest the money up front; they would know that the income would come in to finance it I realise that offenders paying for their own punishment would be a new departure for the British criminal justice system, but I think it could be useful given that alcohol abstinence monitoring orders are themselves a new departure. There may be some cultural difficulties. When I first proposed the disposal, I went to see my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke), who was then Lord Chancellor. His first response was to say, "Good grief, you can’t stop people from having a pint!" I explained that if these people break somebody’s jaw or cause a crash because they have been driving drunk, of course we can. If we put them in prison, we stop them drinking. This was just a way of doing that, I explained, without incarcerating people. It is much cheaper, much quicker and, if the Government are kind enough to think about this new clause—perhaps following it up in the other place—the disposal could be self-financing and help to save a huge amount of money.