Leave those kids alone

Criminalising young people is counterproductive and creates lifelong offenders. Rather, we need a co

Where was law and order in the 2010 election? During the campaign, there were arguments about civil liberties, identity cards and immigration control. But the election was the first in over 30 years in which law and order barely figured. This is even more striking given that 2010 will go down as a political turning point.

In 1979, the Conservative Party made law and order central to its drive for power, capturing significant numbers of core Labour voters. In 1997, New Labour reversed the trick, overtaking the Tories on the right and distancing itself from Old Labour's law-challenging radicalism. Most of New Labour's effort went on the first half of its populist slogan "Tough on crime; tough on the causes of crime". Perhaps 2010 will signal a welcome cooling of the law-and-order party-political arms race.

No serious analyst of law-and-order policies believes that either the welter of new legislation that has afflicted our criminal justice system or the locking up of increasing numbers of offenders has made us safer in our beds at night. There is general agreement that the time has come to roll back our heavy use of criminal justice interventions and stop talking up the potency of criminal law to solve our social ills.

On 30 March, just over a month before polling day, Iain Duncan Smith argued in a speech at the Attlee Foundation in London that we could not "arrest our way out of our problems". At the same event, by contrast, Chris Grayling promised "robust policing", but he was not heard
of for the rest of the campaign. Grayling may not get it, but most politicians now do. They privately agree with the Treasury that a grave
financial crisis should not go to waste.

The major cuts in public spending in the policy pipeline provide an opportunity for us to stop doing a few things we should never have done - chief among them criminalising and locking up so many children and young people, thereby grooming a new generation of long-term adult criminals from whose depredations we will all suffer.

The trend is clear. Even though the volume of crimes, including those for which young people are responsible, has fallen since the mid-1990s, by 2007 there were more than twice as many children in custody as at the beginning of the 1990s. The increase is not explained by a corresponding rise in serious crime by children. Events such as the murder of James Bulger in February 1993 or the torture of two boys in Edlington, South Yorkshire, in April 2009, are thankfully rare. In that sense, Britain is no more broken today than it was 20 years ago.

Paying the price

Nor should we get hung up about offensive, antisocial behaviour committed by young people. That may have got worse, but no one seriously believes that the problem is best solved by putting already disaffected and typically disadvantaged youths behind bars. At roughly £100,000 a year, this costs more than three times as much as sending a child to Eton, and the outcome is not an enhanced prospect of becoming prime minister, but typically a lifelong relationship with the revolving door of Pentonville. As the former Conservative home secretary David Waddington confessed, it is an expensive way of making bad people worse.

So, how to save taxpayers money and better protect us from being victimised? It is a good first step that the plan to build a 360-bed young offender institution (YOI) outside Leicester has been scrapped. The proposal was undesirable and unnecessary. The youth custody population of England and Wales has fallen in the past two years from 3,000 to roughly 2,200. The surplus capacity this creates should allow the Youth Justice Board, which commissions custodial places for under-18s, to avoid unsuitable establishments. Indeed, it should be thinking about a completely different residential model.

The new government should now also do the following. First, a new agency should be created, separate from the prison service, to manage all accommodation for young offenders - the local authority secure homes, the commercially run secure training centres and the YOIs. This would make for coherent national planning, which is at present lacking.

This new agency should consider piloting a community-oriented institution along the lines of the proposed Young Offender Academy investigated over the past three years by a working party with the Foyer Federation, the support agency for youngsters making the transition to adulthood. We must keep the secure homes for younger children provided by local authorities. They are expensive, but they provide the sort of one-to-one care needed by children who have done dreadful things but are often both neglected and disturbed. In addition, we must explore an alternative model to the big YOI, an outmoded tool that should have been consigned to the penal dustbin.

Most of the cost of youth custody should be transferred from central government to the local authorities from which the young people come. This proposition has been pondered indecisively in Whitehall for several years. It must now be done. It would be the best way to give an incentive to the local authorities to invest in crime-preventive community programmes (research shows that confidence in these programmes is critical in persuading sentencers to avoid the use of custody). If this happened, a question mark would hang over the continued need for the Youth Justice Board.

The thousands of young people locked up each year spend, on average, 14 weeks in custody. It is wrong that a high proportion of them are held far from home, and unsurprising that the overwhelming majority are reconvicted within 12 months of getting out. Preventing youth crime involves determining responsibility and fixing consequences. But it also involves promoting positive, law-abiding opportunities and working with families as well as individual offenders - not further dislocating already fragile relationships. None of these processes is best achieved by transporting teenage offenders to large, distant, prison-like institutions.

Too much too soon

Finally, the conviction on 24 May of two boys aged ten and 11 on a charge of attempted rape of an eight-year-old girl should lead the government to reconsider the age of criminal responsibility. It is not in the interests of any child, either victim or offender, or society at large, that children as young as this undergo adversarial criminal justice proceedings. Such matters are, if necessary, better dealt with by the family courts and childcare proceedings.

Law-and-order services, which cost just under 6 per cent of overall public expenditure, are not going to be among the heaviest hit in the period 2011-2014. Policing, which claims the largest share of the pot, is too politically sensitive for that. But things are nonetheless going to be tough for front-line practitioners. There will be significant cuts. This makes it imperative that we shift the centre of expenditure gravity from that which is totemic to something that has a prospect of working

Rod Morgan was chairman of the Youth Justice Board from 2004-2007

Crime and punishment

Levels of youth crime have decreased overall since the early 1990s. However, during this time, there has been an increased use of custodial sentences for children and young people. In 1999, Home Office figures showed that while the level of detected youth crime had fallen by 16 per cent since 1992, custodial sentencing had more than doubled.

Tony Blair's establishment of the Youth Justice Board in 2000 continued this trend. While the government was keen to trumpet the success of its reform, a report by the Centre for Crime and Justice Studies said that youth offending had barely changed, but more children had been criminalised or imprisoned. It is a vicious cycle: the same report found that reoffending rates were highest among those who had had a custodial sentence.

Recent years have brought a sharp decline in youth crime: a 10.2 per cent drop between 2005 and 2008. However, this figure fails to take account of more than 19,000 children and young people issued with penalty notices for disorder or antisocial behaviour orders. If such children were included, the 10.2 per cent drop would be nearly eliminated.

This points to a problem in the statistical analysis of youth crime, which is the changing definition of what constitutes a crime, and how harshly it is punished. Crime levels may be unchanged, but criminalisation is rising.

Samira Shackle

This article first appeared in the 21 June 2010 issue of the New Statesman, The age of ideas

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Is anyone prepared to solve the NHS funding crisis?

As long as the political taboo on raising taxes endures, the service will be in financial peril. 

It has long been clear that the NHS is in financial ill-health. But today's figures, conveniently delayed until after the Conservative conference, are still stunningly bad. The service ran a deficit of £930m between April and June (greater than the £820m recorded for the whole of the 2014/15 financial year) and is on course for a shortfall of at least £2bn this year - its worst position for a generation. 

Though often described as having been shielded from austerity, owing to its ring-fenced budget, the NHS is enduring the toughest spending settlement in its history. Since 1950, health spending has grown at an average annual rate of 4 per cent, but over the last parliament it rose by just 0.5 per cent. An ageing population, rising treatment costs and the social care crisis all mean that the NHS has to run merely to stand still. The Tories have pledged to provide £10bn more for the service but this still leaves £20bn of efficiency savings required. 

Speculation is now turning to whether George Osborne will provide an emergency injection of funds in the Autumn Statement on 25 November. But the long-term question is whether anyone is prepared to offer a sustainable solution to the crisis. Health experts argue that only a rise in general taxation (income tax, VAT, national insurance), patient charges or a hypothecated "health tax" will secure the future of a universal, high-quality service. But the political taboo against increasing taxes on all but the richest means no politician has ventured into this territory. Shadow health secretary Heidi Alexander has today called for the government to "find money urgently to get through the coming winter months". But the bigger question is whether, under Jeremy Corbyn, Labour is prepared to go beyond sticking-plaster solutions. 

George Eaton is political editor of the New Statesman.

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What Jeremy Corbyn can learn from Orwell

Corbyn’s ideas may echo George Orwell’s – but they’d need Orwell’s Britain to work. It’s time Corbyn accepted the British as they are today.

All Labour Party leaderships since 1900 have offered themselves as “new”, but Tony Blair’s succession in 1994 triggered a break with the past so ruthless that the Labour leadership virtually declared war on the party. Now it is party members’ turn and they, for now at any rate, think that real Labour is Jeremy.

To Keir Hardie, real Labour had been a trade union lobby expounding Fellowship. To the Webbs, real Labour was “common ownership” by the best means available. Sidney’s Clause Four (adopted 1918) left open what that might be. In the 1920s, the Christian Socialist R H Tawney stitched Equality into the banner, but during the Depression young intellectuals such as Evan Durbin and Hugh Gaitskell designated Planning as Labour’s modern mission. After the Second World War, Clement Attlee followed the miners (and the London Passenger Transport Board) into Nationalisation. Harold Wilson tried to inject Science and Technology into the mix but everything after that was an attempt to move Labour away from state-regulated markets and in the direction of market-regulated states.

What made the recent leadership contest so alarming was how broken was the intellectual tradition. None of the candidates made anything of a long history of thinking about the relationship between socialism and what the people want. Yvette Cooper wanted to go over the numbers; only they were the wrong numbers. Andy Burnham twisted and turned. Liz Kendall based her bid on two words: “Have me.” Only Jeremy Corbyn seemed to have any kind of Labour narrative to tell and, of course, ever the ­rebel, he was not responsible for any of it. His conference address in Brighton was little more than the notes of a street-corner campaigner to a small crowd.

Given the paucity of thinking, and this being an English party for now, it is only a matter of time before George Orwell is brought in to see how Jeremy measures up. In fact, it’s happened already. Rafael Behr in the Guardian and Nick Cohen in the Spectator both see him as the kind of hard-left intellectual Orwell dreaded, while Charles Cooke in the National Review and Jason Cowley in the New Statesman joined unlikely fashion forces to take a side-look at Jeremy’s dreadful dress sense – to Orwell, a sure sign of a socialist. Cooke thought he looked like a “burned-out geography teacher at a third-rate comprehensive”. Cowley thought he looked like a red-brick university sociology lecturer circa 1978. Fair enough. He does. But there is more. Being a middle-class teetotal vegetarian bicycling socialistic feministic atheistic metropolitan anti-racist republican nice guy, with allotment and “squashily pacifist” leanings to match, clearly puts him in the land of the cranks as described by Orwell in The Road to Wigan Pier (1937) – one of “that dreary tribe of high-minded women and sandal-wearers and bearded fruit-juice drinkers who come flocking towards the smell of ‘progress’ like bluebottles to a dead cat”. And though Corbyn, as “a fully fledged, fully bearded, unabashed socialist” (Huffington Post), might make all true Orwellians twitch, he really made their day when he refused to sing the National Anthem. Orwell cited precisely that (see “The Lion and the Unicorn”, 1941) as an example of the distance between left-wing intellectuals and the people. It seemed that, by standing there, mouth shut, Comrade Corbyn didn’t just cut his wrists, he lay down full length in the coffin and pulled the lid shut.


Trouble is, this line of attack not only misrepresents the Labour leader, it misrepresents Orwell. For the great man was not as unflinchingly straight and true as some people think. It is impossible, for instance, to think of Orwell singing “God Save the King”, because he, too, was one of that “dreary tribe” of London lefties, and even when he joined Labour he remained ever the rebel. As for Corbyn, for a start, he is not badly dressed. He just doesn’t look like Chuka or Tristram. He may look like a threadbare schoolteacher, but Orwell was one twice over. Orwell was never a vegetarian or a teetotaller, but, like Corbyn, neither was he interested in fancy food (or drink), he kept an allotment, drove a motorbike, bicycled, cared about the poor, cared about the environment, loathed the empire, came close to pacifism at one point, and opposed war with Germany well past the time when it was reasonable to do so.

In Orwell’s thinking about socialism, for too long his main reference point was the London Marxist left. Not only did he make speeches in favour of revolutions, he took part in one with a gun in his hand. Orwell was far more interested, as Corbyn has been far more interested, in speaking truth to power than in holding office. His loyalty was to the movement, or at least the idea of the movement, not to MPs or the front bench, which he rarely mentioned. There is nothing in Corbyn’s position that would have shocked Orwell and, should they have met, there’d have been much to talk about: belief in public ownership and non-economic values, confidence in the state’s ability to make life better, progressive taxation, national health, state education, social care, anti-socially useless banking, anti-colonialism and a whole lot of other anti-isms besides. It’s hard to be sure what Orwell’s position would have been on Trident and immigration. Not Corbyn’s, I suspect. He was not as alert to feminism as he might have been but equally, few men try to write novels from a woman’s point of view and all Orwellians recognise that Julia is the dark hero of Nineteen Eighty-Four. In truth they are both austere types, not in it for themselves and not on anyone else’s expense account either. Corbyn won the leadership because this shone through from the very beginning. He came across as unaffected and straightforward – much as Orwell tried to be in his writing.

Except, as powerfully expressed in these pages by John Gray, Corbyn’s politics were made for another world. What sort of world would he need? First off, he’d need a regulated labour market: regulated by the state in partnership with a labour movement sensitive to what people wanted and experienced in trying to provide it. He would also need capital controls, a manufacturing base capable of building the new investment with Keynesian payback, an efficient and motivated Inland Revenue, a widespread public-service ethos that sees the country as an asset, not a market, and an overwhelming democratic mandate to get things done. In other words, Corbyn needs Orwell’s Britain – not this one – and at the very least, if he can’t have that, he needs the freedom to act that the European Commission forbids.

There’s another problem. Orwell did not trust left-wing intellectuals and spent half his life trying to work out their motivations as a class who spoke for the people, went in search of the people, and praised the people, but did not know them or believe in them. True, Corbyn says he wants to be open and inclusive, but we know he can’t possibly mean it when he says it will be the party, not him or the PLP, that will decide policy, just as we knew it couldn’t possibly be true when he said he’d turn PMQs into the People’s Question Time. Jeremy hasn’t changed his mind in forty years, appears to have great difficulty (unlike Tony Benn) in fusing socialism to national identity or experience (Hardie, Ben Okri and Maya Angelou were bolted on to his Brighton speech) and seems to think that not being happy with what you are given somehow captures the historic essence of socialism (rather than its opposite).

Granted, not thinking outside the ­circle is an inherent fault of the sectarian left but some of our most prominent left-wing journalists have it, too. Working-class support for nationalisation? Good. Right answer! Working-class opposition to benefit scroungers and further mass immigration? Bad. Wrong answer! Would you like to try again? In his essay “In Defence of Comrade Zilliacus” (1947) Orwell reckoned that left-wing intellectuals saw only what they wanted to see. For all their talk of representing the people, they hated the masses. “What they are frightened of is the prevailing opinion within their own group . . . there is always an orthodoxy, a parrot-cry . . .”

The game is hard and he may go down in a welter of knives, yet Corbyn still has time. He may go on making the same speech – on the benefits of apple pie to apple growers – but at some point he will have to drop the wish-list and get on the side of the British people as they are, and live with that, and build into it. Only the nation state can even begin to do the things he wants to do. The quicker he gets that, the quicker we can see if the latest incarnation of new Labour has a future.

Robert Colls is the author of “George Orwell: English Rebel” (Oxford University Press)

This article first appeared in the 08 October 2015 issue of the New Statesman, Putin vs Isis