Offenders (Day of Release from Detention) Bill

Damian Hinds Excerpts

2nd reading
Friday 2nd December 2022 Commons Chamber

[The Minister of State, Ministry of Justice (Damian Hinds)]

I start by congratulating my hon. Friend the Member for Barrow and Furness (Simon Fell) on bringing forward this important Bill. It is a simple change, but the measure he has brought before the House today will, through its passage through this place, be a landmark reform. He spoke powerfully and made a very effective case by talking of real people and their case studies. He has been so effective that I have scored through large parts of my speech, in which I intended to illustrate a number of those points, so I thank him doubly. I also acknowledge and thank our hon. Friend the Member for Workington (Mark Jenkinson) for the role that he has played in bringing the Bill to this place.

The Bill will ensure that those most at risk of reoffending will no longer need to be released on a Friday, or the day before a bank holiday. It will do so by providing the Secretary of State for Justice—in practice, the governor or director of a prison, or the appropriate equivalent officer in a youth establishment—with a discretionary power to bring forward the release date by up to two eligible working days. That will mean that certain offenders will no longer face the race against the clock that my hon. Friend the Member for Barrow and Furness so evocatively set out to find accommodation and access to medication and financial support before those services close for the weekend. That, of course, can be particularly problematic for those with multiple complex needs, such as drug dependency and mental health issues. He described it as a fleeting window of opportunity. I think that sets out the issue very well.

By removing the barriers that a Friday release can create, we can maintain public protection by ensuring custody leavers have a better chance to access the support they need to reintegrate and turn their backs on a life of crime. Ultimately, it will result in fewer victims and less crime. The Bill applies to both adults and children sentenced to detention. Despite the various safeguards and legal duties that exist for children leaving custody, it is still the case that being released on a Friday would mean going at least two days without meaningful contact with a supervising officer when they are at their most vulnerable.

I want to respond to the hon. Member for Bolton South East (Yasmin Qureshi). It might come as a surprise to many to discover that Members, certainly those on the Government Benches, are only supposed to turn up in Parliament if they disagree with something, but she asked me to clarify the statistics on reoffending and I am pleased to be able to do so. This Government have made tangible progress in tackling the still huge £18 billion annual cost of reoffending and protecting the public. Data show that, over the past 10 years, the overall proven reoffending rate has decreased from 30.9% in 2009-10 to 25.6% in 2019-20. Of course, that is still too high and we must drive it down further by tackling the drivers of reoffending, strengthening the supervision and monitoring of offenders in the community and protecting the public from becoming victims.

The Government are, of course, investing substantial sums in doing so. It begins with helping prisoners to get off drugs, supporting them to maintain or rebuild family ties and providing quality education and training to get them job-ready for release. We know that getting prison leavers into jobs can reduce the chance of reoffending very significantly, with those who get jobs within a year of being released up to nine percentage points less likely to reoffend. This means that individuals can not only support themselves and their families, but start to repay society by contributing to our economy, which is another important reason to support my hon. Friend’s Bill. We want ex-offenders to get into the rhythm of job search straightaway, which will be much easier if prison leavers do not have to cram all their appointments, including their first visit to Jobcentre Plus, into a Friday afternoon.

I am pleased to say that the proportion of prison leavers employed six months after release has seen a marked positive trend over the last year. With the number of vacancies that we have in the country now—around 1.25 million—an increase in prison leavers getting jobs is also good news for our economy as a whole, but there is more to be done, including through the New Futures Network, the Prison Service’s network of employment brokers that works with 400 organisations to get prison leavers into work. I commend all the employers and companies engaged in that programme.

I was delighted to hear from my hon. Friend the Member for Gedling (Tom Randall) that he and our hon. Friend the Member for Rushcliffe (Ruth Edwards) will be attending the employment advisory board in Nottingham. Of course, all of us as MPs can play an important role in creating and promoting some of the links with business which are so important for our whole community.

We are recruiting new banking and identity administrators to ensure that when prisoners leave custody they have a bank account and ID, so that they are ready to work. The work on those administrative requirements will be complemented by the Bill to smooth out somewhat the leaving pattern of prisoners engaged in those administrative activities.

We are also making significant investments in improving prison leavers’ access to accommodation. I think my hon. Friend the Member for Barrow and Furness used the word “paramount” in referring to accommodation; it was also referred to effectively by our hon. Friends the Members for Hastings and Rye (Sally-Ann Hart) and for Milton Keynes North (Ben Everitt). A settled place to live is key to reducing reoffending, and probation practitioners are much better able to robustly supervise an offender if they know where they are living. That is one of the reasons why last July we launched the transitional accommodation service in five probation regions, providing up to 12 weeks’ accommodation on release, with support to move on to settled accommodation.

To support prison leavers with substance misuse and health needs, we are recruiting 50 health and justice partnership co-ordinators across England and Wales. The co-ordinators will liaise between prisons, probation, local authorities and health partners, improving links between services and supporting continuity of care for prison leavers with health and substance misuse needs.

I turn briefly to some of the other contributions to what has been a high-quality debate, with colleagues drawing on their personal experiences and constituency experiences, including the brilliant work by voluntary and third-sector organisations in our constituencies in support of this important Bill.

My hon. Friend the Member for Clwyd South (Simon Baynes) spoke effectively about the impact of distance—whatever else you may have to do, first, you have to get there. My hon. Friend the Member for West Bromwich West (Shaun Bailey) spoke about the challenges facing children, and my hon. Friend the Member for Dewsbury (Mark Eastwood) spoke about women. Of course, they are absolutely right. There has been great success in reducing the number of women in custody and, even more so, children in custody, but there are relatively few places around the country, which means that the average distances for those people, who may have particular vulnerabilities, is even greater. That makes the Bill all the more important.

My hon. Friend the Member for Dewsbury summed up the issue, and what we are all here for, well: we need to give people all the chance we can. If what is getting in the way boils down to a day of the week, it really ought to be relatively straightforward to address. Of course, it will not address everything, but it is an important enabler.

My hon. Friend the Member for Southend West (Anna Firth) talked about the fact that this is about correcting unintended consequences, and our hon. Friend the Member for Loughborough (Jane Hunt) encapsulated the situation well by saying that people must do their punishment, but then we must try to give them the maximum chance. She also made an important point when she talked about the effect on staff of knowing that somebody released on a certain day of the week would perhaps have a lesser chance.

My hon. Friend the Member for Clwyd South accurately enumerated all the different things that need to be in place, and my hon. Friend the Member for Leigh (James Grundy) reminded us that it is not just a question of turning up and doing something straightforward, because in some cases the issues for individuals will be particularly complex. My hon. Friend the Member for West Bromwich West spoke about how for many prisoners, even those who have not been in prison that long, the world may have changed, thinking about technology and so on. Closer to home, my hon. Friend the Member for Hastings and Rye spoke about how people’s family circumstances and the home itself may have changed.

The measures I have outlined, and many more that there is not time to cover, should help to improve resettlement opportunities for all offenders and reduce reoffending. However, they cannot fully address all the practical challenges, especially for those released on a Friday. Through this Bill, we have an opportunity to provide such offenders with the best possible chance of living law-abiding, productive lives in the community and hence an opportunity to cut crime, making our streets safer and protecting constituents.

In closing, I reiterate my thanks to my hon. Friend the Member for Barrow and Furness for bringing this Bill before the House, and to everyone who has made this such a rich and productive debate. I confirm with pleasure that the Government will be supporting the Bill, and I look forward to seeing its passage through this House.

Offenders (Day of Release from Detention) Bill

Damian Hinds Excerpts

Committee stage
Wednesday 8th February 2023 Public Bill Committees

[Jane Hunt (Loughborough) (Con)]

I am delighted to speak in favour of the Bill. I might go over some of the points that have been made, but I will make others as well. The estimated economic and social cost to this country of reoffending is £18.1 billion a year. Research has found that those who have chaotic experiences in the community before or after custody, such as insecure accommodation, employment needs or substance misuse, are more likely to reoffend. In 2018-19, approximately 40% of adult prisoners were released to unsettled accommodation, rough sleeping or homelessness, or their accommodation status was unknown on the first night of release. Around 42% of prisoners have either an alcohol or drugs need, or both.

The prison strategy White Paper set out a number of ways to improve the situation, including education services, dealing with dependency on drugs and help to get people into work following release, all of which are excellent ideas. They all cost money, though, and that money could be wasted with an ex-offender leaving prison on a Friday with a few pounds in their pocket and potentially nowhere to go, with no agencies open to offer support over the weekend.

As a councillor with Charnwood Borough Council— I refer Members to my entry in the Register of Members’ Financial Interests because I still am a councillor— I was lucky enough to chair a series of panels on reducing reoffending, and I met not only ex-offenders, police and housing support officers, but local charities that work to support ex-offenders, which Loughborough simply could not do without. Charities such as Exaireo, the Carpenter’s Arms, the Bridge and Futures Unlocked all offer outstanding service to ex-offenders and others from across the country to help them to turn their lives around. I have seen the work of those charities; it is exemplary. I continue to support them in all they do.

As part of one panel’s work, we took evidence and made a series of recommendations. There are six pages of recommendations, but I will refer only to one, which states:

“The Panel makes representations to the local MPs, in respect of the day of the week prisoners are released from prison and highlight the issues surrounding Friday release.”

This is the reason for that recommendation:

“Support for offenders is not readily available on a Friday or over the weekend. Therefore a release earlier in the week provides officers with greater opportunities to divert offenders away from previous habits and ‘friends’ towards services to provide support in respect of housing, benefits and health related issues.”

That work was done in 2011, so it has taken us some time, but I believe we are making good progress today.

While I have the Minister’s ear, I will briefly mention another recommendation we made. Offenders who live in social accommodation can lose their accommodation after 13 weeks and two days. The relevant council or arm’s length organisation can empty the property of all the contents, including important documents that might be used to gain employment after leaving prison, such as birth certificates, passports and driving licences, all of which cost money and time to replace. Perhaps the next Bill we should see before us is one that asks councils to preserve such documents so that a person leaving prison can take up employment at the first opportunity.

I congratulate my hon. Friend the Member for Workington, who introduced the Bill, and my hon. Friend the Member for Barrow and Furness, who has taken up the challenge. With one small Bill, they are going to make a big difference to people’s lives, and I thank them for doing so.

[The Minister of State, Ministry of Justice (Damian Hinds)]

It is a real pleasure to see you in the Chair, Mr Vickers, and to serve under your chairmanship for the first time. I thank my hon. Friends the Members for Workington and for Barrow and Furness. It has been a remarkable Cumbrian double act and partnership to bring the Bill to Parliament. My hon. Friend the Member for Workington spoke passionately and comprehensively about the content of the Bill and its effect.

The Bill is a simple measure, but a highly leveraged one that will have far-reaching and positive consequences. It will give custody leavers a better chance to access the services and support that they need to reintegrate into the community and turn their backs on a life of crime. Ultimately, as my hon. Friend the Member for Workington said, that is a matter of public safety and fewer people becoming victims.

As the Committee has heard, the Bill will ensure that those with resettlement needs will no longer need to be released on a Friday or the day before a bank holiday. The Secretary of State will be provided with a discretionary power to bring forward a release date by up to two eligible working days. As my hon. Friend said, currently offenders leaving on a Friday have only a short period—sometimes a very short period after travel—to access services before they close for the weekend. That can put them at risk of not being able to gain access to essential support such as accommodation, medication and financial support until Monday, or even longer if there is a bank holiday, and that brings obvious risks. It is a real challenge for people with complex needs and those with long distances to travel. The Bill will help to bring an end to that. My hon. Friend the Member for Stroud made the point about family ties—we know how important they are—and being able to make stable reconnections on release.

The Government are committed to the rehabilitation of offenders. The Bill forms part of a much wider strategy to improve the services offered to offenders before they leave prison and on release. I am pleased and proud to set out the tangible progress that has already been made in tackling the huge cost of reoffending, which my hon. Friend the Member for Loughborough mentioned. The latest published data show that in the decade from 2009-10 to 2019-20, overall proven reoffending has decreased. It is still too high, but it has decreased from 30.9% to 25.6%, and of course we want to continue to drive that rate down.

We are investing in prison leavers’ access to accommodation and in building stronger links with employers through dedicated prison employment leads and prison employment advisory boards, at which local business leaders can interface with their local prison. Members of Parliament also have an important role to play in bringing business and future employers together with future employment opportunities. We are also offering more chances to work while in prison—it is important to have that rhythm, routine and experience of ongoing work.

We are delivering a prisoner education service to raise the skills of offenders, including by focusing on poor literacy, numeracy and the vocational skills that employers look for and that are in demand today. We are increasing access to drugs rehabilitation through the recruitment of health and justice partnership co-ordinators to better link up services for offenders. That programme of work should improve resettlement opportunities for all offenders.

The Bill that my hon. Friend the Member for Workington has introduced will help to address the practical challenges that hold offenders back from taking full advantage of the services on offer. It is part of our drive to give offenders the best possible chance of living law-abiding and productive lives in the community. As the Committee has heard, the Bill also applies to children sentenced to detention and will operate across all youth settings, including the recently created secure 16-to-19 academies.

I thank all Committee members—including my hon. Friends the Members for Orpington, for Clwyd South, for Dewsbury and for Hastings and Rye—for their diligent examination of the Bill. On the point that my hon. Friend the Member for Loughborough made about documentation, I reassure her that work on identity documents and the things people need to have in place for employment is a focus for us in the Department. The particular suggestion she made was very interesting and, if she is amenable, I would be keen to hear further from her on that.

Finally, I thank my hon. Friends the Members for Workington and for Barrow and Furness for bringing forward the Bill. I am pleased to confirm that the Government back it.

Offenders (Day of Release from Detention) Bill

Damian Hinds Excerpts

3rd reading
Friday 3rd March 2023 Commons Chamber

[The Minister of State, Ministry of Justice (Damian Hinds)]

I am most grateful to my hon. Friend the Member for Barrow and Furness (Simon Fell) for his excellent work bringing this important Bill to the House and navigating it through to this stage. It is a great credit to him that there is such support for this legislation. My hon. Friend the Member for Workington (Mark Jenkinson) has played an important role in this Bill to date. I thank my hon. Friends the Members for Aylesbury (Rob Butler), for Loughborough (Jane Hunt), for North West Norfolk (James Wild), for Harrow East (Bob Blackman) and for Stoke-on-Trent North (Jonathan Gullis), who spoke passionately about their local communities and the great work carried out by the voluntary and charitable sector, and with particular insight as local representatives. I also thank the hon. Member for Hammersmith (Andy Slaughter), who speaks for the Opposition, for the manner and content of his remarks in welcoming the Bill. It is a good and positive thing when we have legislation coming forward with wide support from different parties in the House and different perspectives and traditions to do something sensible in the interests of our society.

As the House has heard, the Bill ensures that offenders who have resettlement needs will no longer need to be released on a Friday or the day before a bank or public holiday. It will do that by enabling a release date to be brought forward by up to two eligible working days, so these offenders will be released earlier in the week. In practice, this means that offenders with resettlement needs will no longer face that race against the clock, which my hon. Friend the Member for Barrow and Furness set out, to find accommodation, access medication and access finance support all before services close for the weekend. As he outlined, that is particularly challenging for people with more complex needs, of whom there are many, such as drug dependency or mental health illness, and, crucially, for those with a long distance to travel before they can access those services. The Bill will achieve that by tackling the practical challenges that Friday releases can create. It will address the issues that can lead to an increased risk of reoffending by ensuring that custody leavers have a better chance to access the support they need to reintegrate into the community and to turn their back on a life of crime.

As my hon. Friend said, the Bill also applies to children sentenced to detention. It will ensure that the release provisions relating to Friday, bank and public holiday, and weekend releases exist in respect of all youth settings, including the recently created secure 16 to 19 school. Despite the various safeguards and legal duties that exist for children leaving custody, being released on a Friday still means that a child would go for at least two days with no meaningful contact with their youth justice worker exactly when they are at their most vulnerable.

[Rob Butler]

Does my right hon. Friend agree that the impact on young people and children is accentuated by the tremendous success there has been in reducing the number of children in custody from around 3,000 in 2007 to around 400 today? That means there are fewer secure settings for children, so they are frequently further from home and it takes them much longer on the day they are released to get to where they need to be.

[Damian Hinds]

My hon. Friend is spot on and speaks from great personal experience and expertise. It is true that far fewer children are being locked up than in 2010. We know that being incarcerated at a young age means people risk becoming more criminal and it exposes them to a whole range of different risks. Of course, sometimes that is exactly what we have to do—we must be able to imprison people where necessary—but where it is possible to avoid it, that is often better for the individual and for wider society. An effect of that, and this exists for women prisoners as well, is that a person is much more likely to be far away from home. Because there are fewer of these institutions, they are more spread out, so access to services, which my hon. Friend identifies is an issue, can be particularly acute for younger people.

In practice, it will be for heads of establishments to apply the power in bringing forward an offender’s release data. Aided by policy guidance, they can allow an offender additional time to resettle where it will support their reintegration into the community and reduce their risk of reoffending. As the House will be aware, the Government have made significant progress in tackling the £18 billion annual cost of reoffending and protecting the public.

Data show that the overall proven reoffending rate for adults decreased from 30.9% in 2009-10 to 25.6% in 2019-20, which is truly significant. The rate is still too high, however, and we have to do all we can to bring it down further. We are investing substantial sums to achieve that, including in prison leavers’ access to accommodation, about which several hon. Members on both sides of the House have spoken; and in building stronger links with employers through dedicated prison employment leads and prison employment advisory boards where business leaders can interface with their local prisons.

We have also seen encouraging improvements in employment rates for prisoners on release, which is an area where hon. Members can play an important role through their discussions with local employers by putting them in touch with this opportunity. We are also investing in offering more prisoners the chance to work while inside prison; developing the prison education service to raise the skills of offenders, about which my hon. Friend the Member for Aylesbury also spoke; and increasing access to drugs rehabilitation through the recruitment of health and justice partnership co-ordinators to better link up services for offenders inside and beyond the prison perimeter. The hon. Member for Hammersmith was exactly right to identify that we need to think of it as a holistic process that starts inside and continues outside; it must be as linked up as possible.

We are also making large investments into youth justice to tackle offending by children. As my hon. Friend the Member for Loughborough said, there is a lot that the Government and the Prison Service can do, but charities and voluntary organisations, including the four that she mentioned in her constituency, are an absolutely irreplaceable and fundamental part of that fabric.

Those interventions should improve resettlement opportunities for all offenders and help to reduce reoffending, but they cannot fully address all the practicalities that are presented by being released on a Friday. My hon. Friend the Member for Harrow East vividly illustrated that journey to the House. This common-sense Bill will help to achieve that. I reiterate my thanks to my hon. Friend the Member for Barrow and Furness for bringing this important Bill before the House and I confirm again, with great pleasure, that the Government support it. I wish it all the best in its progress through the other place.