Baroness Hamwee Portrait Baroness Hamwee (LD)
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My Lords, before I get on to the detail of this amendment, may I say how much I agree with the comments that have been made about the increasing complexity of the Sentencing Code, the guidelines and so on? I started to look at them in connection with another amendment and found that I was very quickly bogged down. However, we need to sort out Clauses 18 and 19 first, I would say to the noble and learned Lord; otherwise, we could find ourselves in worse trouble.

I am grateful to the Prison Reform Trust for raising a reminder of community sentences and their place; my amendment provides specifically for community sentences. It should not, of course, be necessary, but it seems that it might be important to remind magistrates in particular. The noble Baroness, Lady Jones, has another amendment directed to the same end, which is probably more straightforwardly drafted—though I did not draft this one; I will come to that. The briefing that I have received from the Prison Reform Trust is very much based on the risk of increasing the imprisonment of women. The point might apply not only to women, but the position of women has just been trailed by the Minister.

We welcome the presumption that we have just been talking about against custodial sentences of 12 months or less, but there are implications of a custodial sentence that is suspended that do not apply to community orders. I tripped over the issue when I was looking online for the views of women’s organisations on the Bill, and I found an article by Vera Baird for the Centre for Women’s Justice. She wrote:

“There is abundant evidence to show that women are disproportionately given short custodial sentences, mainly for non-violent, low-level offences such as shoplifting—”


I am sorry to use that term in the presence of my noble friend, but I am quoting—

“or breaches of court orders. Nearly 70% of women in prison are victims of domestic abuse”—

that is an MoJ figure, I think, and I should perhaps declare an interest as having been chair of the charity Refuge for a number of years—

“many have complex needs and whilst, for male prisoners, relationships can be a protective factor, families rarely stay together if the mother goes to prison”.

On that issue of complex needs, the article also makes the point:

“Women with multiple needs may breach suspended sentences due to the complexity of their lives, the challenges they face in complying with court-ordered requirements, mental health disorders, caretaking responsibilities, unstable housing and lower employment prospects. Conflicts with conditions, missed appointments or failure to meet financial obligations linked to their sentences, can result in technical violations which will breach the suspended sentence and lead to women being returned to court for imprisonment. Women may also breach community orders, but the consequences are not likely to be as severe. Women on suspended sentences live under the threat of prison from day one of the sentence, long before the benefits of treatment and support, which may be offered alongside a suspended sentence order, have any chance of working”.


In case anyone thinks that I am advocating letting women off, community sentences are punishment. Vera Baird wrote that this amendment—I think it is this one; I have since seen a longer alternative—was drafted by members of the Women’s Justice Board. I mention that because I know that the Women’s Justice Board is very much supported by the Minister, and I have an amendment about it later, but it is significant that it is backing this. Vera Baird said that it was tabled in the Commons; it took me a while to track it down, but as far as I can see there was no comment from the Minister in the Commons in response to this amendment. I beg to move.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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My Lords, I will speak to my Amendment 29A. It is not often that I feel daunted in speaking out on legislation in this Chamber, but I feel a slight nervousness when a lot of senior police officers, former judges and KCs start—

Baroness Hamwee Portrait Baroness Hamwee (LD)
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Most of them have gone.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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Yes, luckily they have, so I do not really need to be nervous at all.

Often, in putting my or the Green Party’s views—which obviously overlap quite a lot—I feel that I am speaking from the street. I talk to a lot of people who probably do not know much about this sort of thing, and they probably agree with me on some of it.

On simpler legislation, I know for a fact that the Met Police would like simpler legislation around protests. It is absolutely sick of the confusion and it is time for us to revisit it. However, that is not for today.

Amendment 29A would make a simple but important change: it would require courts to consider the use of a community order before imposing a suspended sentence order. This would strengthen the Government’s own intention to reduce the overuse of short prison sentences—an aim that I and, I am sure, many across the Chamber, including the Minister, warmly welcome. However, unless we make it clear that community orders must be properly considered first, we risk creating what justice organisations call a net-widening effect. In other words, people who should have received a community order may instead receive a suspended sentence order simply because it appears to be a tougher alternative to custody.

A suspended sentence order is still a custodial sentence. It carries the weight and the lifelong consequences of a criminal record, and it places people at far greater risk of imprisonment if they breach its terms. By contrast, a community order is a genuinely non-custodial disposal. It is designed, when properly resourced, to address the underlying causes of offending, whether those are mental health needs, alcohol or drug dependency, or others. Community orders enable people to keep their jobs, maintain their homes, stay connected to their families and communities, and continue caring responsibilities—all factors that are well established as reducing the risk of reoffending.

If the Bill’s aim is to reduce the crisis in prison capacity, we must avoid funnelling people into suspended sentences where a community order would be more effective and safely promote rehabilitation. Otherwise, we simply increase the pipeline into custody through breach, defeating the very purpose of the Government’s reforms. We also risk the danger that this disproportionately affects women as it currently stands, which we have heard from the noble Baroness, Lady Hamwee.

This amendment is supported by Justice and aligned with the recommendations of the Independent Sentencing Review, which suggested

“introducing ‘crime reduction’ as an overarching principle”

to guide sentencing. Community sentences can play a crucial role in achieving that. They provide a real opportunity for rehabilitation and practical programmes that help people rebuild their lives without the barrier of a custodial sentence on their record. Crucially, community orders can command public confidence when victims are properly informed about what they involve and understand how these sentences can reduce future harm.

Amendment 29A would simply ensure that the most proportionate, most effective and least harmful sentence is considered first. It would strengthen the Bill’s stated ambition of reducing pressure on prisons while supporting better outcomes for individuals and communities. I hope that the Minister sees this as a constructive amendment that aligns with the Government’s own agenda. I urge the Committee to give it serious consideration.

Lord Thomas of Cwmgiedd Portrait Lord Thomas of Cwmgiedd (CB)
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My Lords, I support what is behind the amendments tabled by the noble Baronesses, Lady Hamwee and Lady Jones, for two reasons. First, we still send far too many women to prison; we need to reduce that number. Secondly, a community sentence probably should be in priority to a suspended sentence.

However, it is not that simple. I will not come back to this point again, but the amendments show precisely why this should be left to the Sentencing Council, which can weigh up the detail of the terms and conditions that it is appropriate to attach to a suspended sentence, as you can make them almost as tough as a community order. The judgment of how the public perceive suspended sentences and community orders can also be left to the council. Unless we satisfy the public’s perception that we are punishing people, the result will be that the judges will think, “Okay, we’ve got to go above 12 months”. That would be a disaster, particularly in the case of women.

I support the excellent ideas behind the amendments. However—and I promise not to say any more about the Sentencing Council today—they are a very strong argument for changing this Bill and making it sensible.

Sentencing Bill

Baroness Jones of Moulsecoomb Excerpts
Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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My Lords, this is obviously a Bill with good aims: to reduce the prison population and put more resources into probation and rehabilitation. However, the problem is that the prison population is going up in the long term because Governments keep coming up with new reasons to lock people up.

We have had a lot of briefings on this particular Bill, and a recurring theme across them is the issue of resourcing capacity within the probation and rehabilitation system. Several organisations, notably Justice, stress that without significant investment in probation services and community-based interventions, the proposed reforms risk placing unrealistic demands on an already overstretched system. The Howard League for Penal Reform and the Prison Reform Trust caution that, while the Bill may provide short-term relief to the prison estate, it will not be sufficient to address the long-term growth in the prison population, which is driven by sentence inflation and systemic pressures. For example, the Government estimate that the Sentencing Bill will reduce demand for prison places by 7,500 places by 2028. This reduction is achieved through a combination of reforms, including changes to sentencing, release points, recall processes and remand measures. Despite this, the prison population is still projected to increase by 2,000 people by 2029.

Concerns that the proposed earned progression model risk becoming a mechanism that punishes poor behaviour, rather than genuinely rewarding good conduct, are certainly valid. There is the danger that adding additional days through the prison adjudication system would result in a prisoner reaching the end of their sentence without the licence period. In addition, increasing use of fixed-term recourse to prison will not improve the situation for victims or offenders. I have heard from those working with victims of domestic abuse about their fears of offenders being re-released without any assessment at all of the risk they pose to the people they have offended against. Of course, they are being put back on the streets and could commit crimes against other people. This certainly does not improve the lives of those being recalled. Sending somebody back to prison for 56 days does not allow them access to any offending behaviour work or reduce risks but simply holds them in an overcrowded prison before they come back out, often having lost their accommodation and any progress that they made before the recall.

On the probation resources, there is broad support across organisations for the presumption against short custodial sentences of 12 months or less and for extending the courts’ powers to suspend custodial sentences of up to three years. The Justice briefing underlines the need for adequate resourcing of various services, alongside guidance and training for practitioners. The Howard League, Justice and the Prison Reform Trust stress that the implementation of these provisions must ensure a genuine reduction in the use of custody, rather than the reconfiguration of existing penalties. Refuge urges the Government to ensure that domestic abuse offenders are exempted from the presumption against short custodial sentences and that appropriate monitoring arrangements are established.

While I welcome using rehabilitation measures in the community, as opposed to in prisons, a clear theme runs through many of the briefings we have received, which is that without serious investment, the proposed reforms risk collapsing under their own weight. I would be very interested to hear the Minister reassure us on that, because we could spend endless amounts of money, but if it is not spent in the right way, it is a terrible waste.

There are many issues that I wish I could pick up. The Howard League supports amendments to the Bail Act 1976, designed to reduce unnecessary remand, particularly for pregnant women, primary care givers and the victims of domestic abuse. Justice further advocates for the removal of the courts’ powers to remand individuals for their own protection, including children remanded on welfare grounds.

Although it is not included in the Bill, the Law Society highlights the opportunity for the Government to revisit the resentencing of individuals serving indeterminate sentences for public protection, as previously recommended by the Justice Committee in 2022. As the Minister knows well, IPP prisoners have been languishing in prison for petty crimes. On IPP releases, in August, 172 were freed for the first time, while it will take an estimated decade to free 2,544 prisoners still trapped in their sentences.

I would like a commitment from the Government, if they are keen on bringing down the number of prisoners, to please not release men charged with domestic abuse and stalking who repeatedly harass women. Here are three things that the Government could do instead: abolish the draconian anti-protest laws that result in five-year prison sentences for hanging a banner over a bridge; reverse the proscription of Palestine Action, which has led to hundreds of arrests for sitting down peacefully and holding up signs; and, personally, I want the Home Office focused on keeping violent prisoners in prison and letting peaceful protesters out on the streets to try to make the world a better place.

Sentencing Guidelines (Pre-sentence Reports) Bill

Baroness Jones of Moulsecoomb Excerpts
Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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My Lords, it was a pleasure to hear the maiden speech of the noble Baroness, Lady Nichols of Selby. I particularly liked her comment that politics is about service. I think that almost everybody in this House understands that extremely well and tries to commit to it. It is also a pleasure to be in a debate where the lawyers mostly agree. That is quite unusual. Quite often, one is debating this or that, but today it has been rather harmonious.

The Sentencing Council is an independent body that saw a problem and tried to do something about it. It has done what it was designed to do. Now, the Labour Government are running scared of these rather nasty right-wingers who are trying to interfere. I think it was Elon Musk, perhaps among others, who first said that Britain had a two-tier justice system. He was right. That is exactly what we have. Some groups are treated worse than others. We do not have equality under the law. We have known about women being less fairly treated for decades, with their being imprisoned for things that men would not be. The Sentencing Council came up with the mildest of changes to address that issue and has been slammed for it. The updated sentencing guidelines do not do anything dramatic. They just ensure that the courts have the most comprehensive information about offenders and offences. The revised guidelines put emphasis on pre-sentence reports in sentencing decisions and offer more clarity on the scope of requirements for community orders and suspended sentences.

The Government say that they want equality under the law, but everybody wants that; we all understand that it is absolutely desirable. However, the difference is that I accept the evidence that we currently have a two-tier system of justice where you can end up receiving worse treatment because you are a woman or because of the colour of your skin.

If the Government are going to reject the guidance from the Sentencing Council, what ideas are they putting forward? I am speaking only briefly because a lot has been said already that I agree with—and some with which I do not, obviously. I am puzzled by the fact that the Government do not have qualms—or perhaps they do; the noble Lord, Lord Timpson, might want to tell us—about the fact that the Greens, the Lib Dems, the Cross-Benchers and the Church are speaking against the Bill. They have the Conservatives and Policy Exchange supporting them—what is that about? Since when did the Labour Government want to be supported by this lot? I really do not understand where they are coming from.

Please can we remember that we are in a society now that is deeply misogynistic—more than, I think, at any time in my life? As a 1970s feminist, I thought that we had won that battle. I really thought that this was the future for women and that we would be equal in society. We clearly are not. The Government ought to address things such as that. I look forward to seeing some of the amendments from more learned people. I would almost certainly support them.

Rape: Prosecutions

Baroness Jones of Moulsecoomb Excerpts
Thursday 30th January 2025

(9 months, 4 weeks ago)

Grand Committee
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Asked by
Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb
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To ask His Majesty’s Government what are the main factors that have led to decades of low levels of rape cases being prosecuted, and continue to prevent such prosecutions, and what steps are they taking to resolve this.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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My Lords, I would like to thank in advance all noble Lords who are speaking today. I will be listening very closely to the two former Met Police Commissioners here today, because they probably not only understand the problems but know exactly where the solutions lie. I hope the Government will be listening to them as closely as I will.

We all know that our country is failing rape victims, who are mainly but not exclusively women. I could stand here all day and quote figures that show how bad things are now, and how bad they were a decade ago or even three or four decades ago. Misogyny is not new, and it is the root of most rapes. There have been times when women could be priests, or even gods, but extreme misogyny arose in Assyria two and a half thousand years ago and brought it into politics and religion.

I could talk about the way that young working-class girls in Rotherham were not believed and were ignored. We could explore the allegations of police collusion and corruption, with links to local drug gangs, or I could go back a decade and talk about the failures of the police when the Yorkshire ripper was killing sex workers. There is the scandal of Jimmy Savile, operating as a sexual predator in plain sight, with powerful friends in the BBC and Downing Street; or Worboys, the taxi driver who the police believe had 100 victims, some of whom had reported being assaulted before he was finally caught.

Each of these cases has the common threads of women and girls not being believed or fearing they would not be believed. There are the half-hearted investigations of women who do report and the professional scepticism of Crown Prosecution Service staff about whether a jury is going to convict. There is the character assassination of survivors and the intrusive exploration of their personal lives by the authorities, which are meant to be supporting them in getting justice. These high-profile cases open up the public debate, but they are the merest fraction of the lived experience of hundreds of thousands of women and girls who have reported, or not reported, gone to trial, or tried to, and then given up in despair.

What is striking in reading through the library of previous reports, inquiries and ministerial speeches is the repeated themes and recommendations. They tend to broadly agree with the existing policy relating to the investigation and prosecution of rape and then state that this policy is not being properly implemented. These kinds of failures are long standing. It can feel as though the repeated commissioning of these reviews and inspections is a way for government and other authorities to indicate concern, while never following through with the action and resources needed to make change. I am absolutely positive that this Labour Government will do better than that.

From the 1980s onwards, we had a slow but positive shift in the way the police and Crown prosecutors handled rape cases—from the setting up of rape investigation rooms and the swift collection of forensic evidence, to a merit-based approach to prosecution that looked at the evidence, rather than second-guessing what a jury might or might not decide. Coming out of the scandal of grooming gangs in several northern towns, Sir Keir Starmer, the then head of the Crown Prosecution Service, argued that it was not a question of the victim’s behaviour or criminal record, but whether the crime had happened. He said:

“if the yardstick traditionally used by prosecutors for evaluating the credibility of a victim in other cases were used without adaptation in cases of sexual exploitation, the outcome would potentially be a category of vulnerable victims left unprotected by the criminal law.”

He was absolutely right.

These changes, combined with the #MeToo campaign and a series of high-profile historical scandals, led to a huge increase in the reporting of rape cases. This was a success, but it came just as austerity led to the slow collapse of the criminal justice system. The result has been a disaster for rape victims—rape survivors—who have been seriously let down by an overstretched judicial system that has responded in the worst of all possible ways. It is a system that promises justice but delivers delays and failure.

The numbers of rapes recorded by the police increased steadily from the 1980s but tripled between 2014 and 2018, reaching their highest-ever volume. The number of reported rapes being successfully prosecuted has, however, dropped from 25% in 1981 to 1% or 2% in recent years.

Instead of our society recognising the scale of a hidden scandal and putting resources into achieving justice when hundreds of thousands of people started reporting this horrendous but regular, everyday crime, what the last Government did was to cut police, lawyers and police time. The Crown Prosecution Service quietly dropped the merit-based approach and rationed cases going forwards based on a Ladbrokes betting shop analysis of the odds of a jury convicting the alleged assailant—I am going to be very careful about naming the person I believe is responsible for that, because I am not sure whether saying it in the House of Lords gives me cover from prosecution.

The solution is more resources, and that means making it a priority within the judicial system—no more delaying trials for a year or more, so that the rape survivor gives up all hope of justice and drops out from emotional exhaustion. As long as rape is a crime that people think they can get away with, they will do it. Do this Government, or any Government, want rape legalised? The year-on-year failures make that appear, near enough, the outcome of austerity.

The other thing the Government can do is education and changing the culture. This is incredibly important and I feel that this avenue of recovery has not been explored. In France, Gisèle Pelicot has done this and changed the culture of shame from being all on the survivor to the shame being directed at all the men who raped her, all those who colluded and all those who did not report to the police what was happening. We need Ministers to get behind survivors and make it clear that rape is not just about grooming gangs, spiked drinks, dodgy taxi drivers or even police officers. All those need dealing with but, distressingly, most sexual assaults are about familiar and comfortable environments and people whom you know. Therefore, education is absolutely basic to sorting out this problem. I look forward very much to hearing what the Minister will say in reply. If he could pick up that point about education, I would be very grateful.

Imprisonment for Public Protection (Re-sentencing) Bill [HL]

Baroness Jones of Moulsecoomb Excerpts
Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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My Lords, it is a pleasure to follow the passionate speech of the noble Lord, Lord Davies. I would like sincerely to thank the noble Lord, Lord Woodley, for bringing this debate today.

We have discussed this in your Lordships’ House so many times that it is sometimes hard even to find something new to say about it, yet here we are, finding new sources of anger at this injustice. Imprisonment for public protection was always a disastrous tactic. I agree that some of the judges and lawyers involved really ought to have understood that. Yet, as the noble Lord, Lord Woodley, also said, we have common ground among a quite odd bunch of noble Lords. It is just like the fish farms debate: we have an immense range of people with very different ideologies, yet they all feel the injustice of this issue.

On the issue of IPP prisoners held for years beyond their sentence, last month, in answer to a Parliamentary Question, Shabana Mahmood, the Lord Chancellor and Secretary of State for Justice, said:

“We are not considering a re-sentencing exercise for IPP prisoners, because that would automatically release a number of people who we do not believe it would be safe to release”.—[Official Report, Commons, 22/10/24; col. 214.]


I do not know whether that has been updated but it is a massive cause for concern, because it simply is not true. As lawyer and campaigner Peter Stefanovic points out in his film on this issue, the House of Commons Justice Select Committee says that a resentencing exercise, overseen by a panel of experts, for everyone still serving an IPP sentence is the only way to address the unique injustice caused by that sentencing. It recommended that the panel explore how resentencing could happen in a timely way, but one that would not jeopardise public protection. That does not mean the immediate release that the Justice Secretary suggests; she must know that, and if she does not she really ought to.

We cannot say that we have a justice system if we have an innate injustice such as this. The sentencing and continued imprisonment of IPP prisoners has just been cruel. We Greens are well aware that prison is overused as a tool of justice. Far too many people are imprisoned, when there are much more effective ways of rehabilitation or stopping reoffending.

I can understand the anger of people who say that we should look up serial rapists and murderers and throw away the key, but in this instance, we have, for example, a 17 year-old who steals a bike or people who grab other people’s mobile phones. I find it very difficult to believe that anyone listening to this debate would not agree wholeheartedly with us. This was a Labour Government’s mistake. It is down to this Labour Government to fix it. We definitely need a free vote on this in both Houses. If we do not have one, it will be yet another injustice heaped on these prisoners.

Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024

Baroness Jones of Moulsecoomb Excerpts
Monday 29th July 2024

(1 year, 3 months ago)

Lords Chamber
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Earl Attlee Portrait Earl Attlee (Con)
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My Lords, I welcome the Minister to his position; this is the first time I have been able to debate with him. I hope he has plenty of time to sort out the mess of the prison system. I support the order; there is obviously no alternative to passing it.

The Minister touched on the reasons why that has occurred. My understanding is that the offender management unit in the Ministry of Justice calculates what the demand will be for prison places, taking into consideration all the changes in legislation. Anything that we do in legislation makes it change its calculation, and I am pretty confident that the unit told Ministers a long time ago that we had problems. One reason why I got involved in looking at the penal system was a debate initiated by Lord Brown of Eaton-under-Heywood in 2017 on overcrowding in the prison system. We just let it go on and on until eventually we had to do something, which is exactly what the Minister is doing.

My only question is: is there any scope to do something about unnecessary recalls? Released prisoners can be recalled for fairly trifling bureaucratic reasons, which causes a lot of disruption and an increase in the prison population. Also, is there any scope to reduce the remand population, which the Minister mentioned? I look forward to supporting the Minister in his work.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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My Lords, it was a pleasure to hear the categories that will not be up for release, because nobody wants sexual predators and misogynists out on the streets—so I am delighted to hear that. But when the issue of prisons comes up, we always have to ask ourselves: what are they for? They ought to be for keeping dangerous people off the streets, but that is not what we do at the moment; we throw into prison an awful lot of people who should not be there. Through the Minister, this Government could think about changing who we put in prison because, quite honestly, the number of people going to prison is ludicrous when you think about some of the crimes they have committed.

Drug law reform is an obvious area. It seems absolutely ridiculous to put people in prison because of drugs offences when they have access to even more drugs there than they do out on the streets. Prisons are failing in that way, and I would be interested to hear what the Minister had to say about drug use in prison. Unfortunately, our new Prime Minister has indicated that he wants to continue the ideological war on drugs. Can the Minister at least review the evidence from the Advisory Council on the Misuse of Drugs and publish its advice? The Conservative Government kept it secret because it called for the decriminalisation of personal possession of drugs.

It is good to hear about restorative justice, which is something further that that this Government could talk about. It is a voluntary process whereby people who have been harmed can work with the people who have caused the harm and perhaps identify how both parties can resolve or move on from it. We had amendments on this to the Victims and Prisoners Bill, so it would be good to hear the Government’s thoughts on this area.

Of course, if we are going to let people out of prison, we have to remember the scandal of the IPP prisoners. I was sad that the Minister did not mention them today because that category has clearly suffered the most incredible injustice. The legislation was designed to keep serious offenders in prison, but instead we ended up with nearly 3,000 people, most of them non-violent, trapped in prison. IPP prisoners turn to suicide and hunger strike. This is a legacy of the last Labour Government that the new Labour Government need to fix, as I pointed out.

One report says that someone got, in effect, 16 years in prison for stealing a flowerpot at 17. A prison sentence of 18 months should not turn into 18 years, which has also happened. It is no wonder that our prisons are overcrowded if we keep throwing people in there to rot for minor crimes. So do the new Government have a plan to work at pace to safely release IPP prisoners where possible? Is there a proposal for new legislation on this? We need the new Minister to sort out a plan on this. We need a resentencing programme to get the majority of IPP prisoners out of prison. Apart from that, I can say only, “Good luck”.

Lord Deben Portrait Lord Deben (Con)
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I wonder whether I may ask a very simple question. I very much support what is being put forward, but in my history no Government have ever answered the simple question: how come Britain locks up so many more people than comparable countries in the rest of Europe? It seems pretty barmy. I do not feel any less safe in Paris or Berlin than I do in London, and yet both those countries do not lock people up in the way we do. It is a fundamental and simple question. I hope very much that we will pass this, of course, but I hope it will be in the context of the Government being the first of any political party—the previous Labour Government refused to look at this as well—to look at this fundamental question and ask themselves, “Why?”

The answer must be that there are better ways of doing what we are trying to do. If it means ignoring pressure from the Daily Mail, then I am afraid that is what we have to do. Given the brave statement the Chancellor of the Exchequer made today about cuts, it might be a very good opportunity for this Government to take a new look at why we lock people up.

--- Later in debate ---
Lord Timpson Portrait Lord Timpson (Lab)
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I assume that if it is, I will not be able to have a sherry trifle, which is one of my favourite desserts.

To conclude, this statutory instrument is vital for addressing the capacity crisis in our prisons. It will pull us back from the brink of a total collapse of law and order in our country, which would put the British people at risk—something we cannot countenance. We should, however, be under no illusion: the measure we have debated today is not a silver bullet for prison capacity. It will not end this crisis and it is not the solution for the longer term, but it is a measure that buys us the time needed to take further steps to address the pressures in our prisons and put the criminal justice system on a sustainable footing, in turn providing greater protection to victims and the public. It rightly brings to an end the short-term measures of the previous Government that operated without due transparency, proper scrutiny or the safeguards to protect the public that are the heart of this Government’s approach.

Before I close, I wish to extend some further thanks, building on the remarks I made in my maiden speech in this place. As I said then, those who work in our Prison and Probation Service work every day with some of the most complex people, inside one of the most complex systems. Managing a prison system at around 99% capacity for an extended time will have been an extraordinary challenge not just for those on the front line but for all the partners in our criminal justice system, including civil servants at the Ministry of Justice and those working in the third sector. I therefore thank my colleagues at the Ministry of Justice and His Majesty’s Prison and Probation Service not just for the way they have welcomed me into the department but for their committed and largely unsung service to guiding us through this current prison capacity challenge.

The last Government placed our criminal justice system and prisons in crisis, but the legacy of this Government will be different. It will see a prison system brought under control, a Probation Service that keeps the public safe and enough prison places to meet our needs—which will lead to having prisons we are proud of, but also prisons, probation and other services working together to break the cycle of the revolving door and reduce reoffending. Today’s measure is not the long-term solution—we are being transparent about this—but it is the necessary first step.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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Will the Minister respond, perhaps at a later date, to my questions about drugs policy and the fact that this Government did not release a report?

Lord Timpson Portrait Lord Timpson (Lab)
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I thank the noble Baroness. I will write to her, because I am not completely familiar with that and I would not like to get it wrong.

Prison Capacity

Baroness Jones of Moulsecoomb Excerpts
Wednesday 24th July 2024

(1 year, 4 months ago)

Lords Chamber
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Lord Timpson Portrait Lord Timpson (Lab)
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He is still on the right. In fact, he never sat on the left.

I accept that farms and gardens are very positive in prison environments. In fact, one of the prisons I visited recently is HMP Haverigg, a prison that Prisons Ministers rarely visit at all at the far end of Cumbria. One of my goals in this role is to go and see the prisons that Prisons Ministers have never been to. At Haverigg there is a big focus on gardening and market gardening, which creates not just extra skills but a great nurturing environment for the prisoners there. It is also a source of income, because they have a little shop at the gate. That is something I am a big fan of and I will be ensuring that we do all we can to support that

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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I welcome the Minister to his place; it is a brilliant stroke by the Labour Government. However, I did not quite understand his reply on the IPP prisoners. Clearly there is an injustice there that needs to be sorted as fast as possible. It was created by the last Labour Government, so it would be appropriate for the current Labour Government to sort it out as quickly as possible.

Lord Timpson Portrait Lord Timpson (Lab)
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The situation with IPP prisoners is of great concern. I know that huge numbers of Members on both sides of the House care about it deeply, and I share that concern. IPP prisoners are not caught by the changes that we are putting forward. I have spent a lot of time talking to IPP prisoners inside and outside prison—in fact, in my previous role a number of IPP prisoners were colleagues—so I know the complexity of the issues involved. I also know that we as a House need to be determined to find all that we can do to support IPP prisoners and their families, and to make sure that we still maintain safety.