(7 months, 2 weeks ago)
Lords ChamberMy Lords, I will make three short points, the first following on from the noble and right reverend Lord, Lord Sentamu. I made the point at Second Reading: I find it really disturbing that the Minister said we must speak “with one voice internationally”. For me, that is not democracy; it smacks of totalitarianism. There is a multitude of voices in a democracy, not a single one.
Secondly, the noble Baroness, Lady Deech, finished her speech with reference to a Muslim group that called for the Bill to be thrown out, and she seemed to imply that that meant it was against the State of Israel. There are myriad groups that want the Bill thrown out. Many of us made the same point at Second Reading: we do not think this is a proper Bill, but we are working with it, and what one thinks of it says nothing about one’s attitude to Israel. I think that the noble Lord, Lord Deben, called it “improper” because it is so badly drafted.
Thirdly, and going to the substance of the amendments that we are discussing, my noble friend, in effect, held out an olive branch to the Government by taking the Bill at face value. I agree with what the noble Lord, Lord Warner, said about the statements of compatibility with the European Convention on Human Rights, but let us take that at its face value. If the Government genuinely believe that the Bill is compatible with the ECHR, why should they oppose what the noble Lord, Lord Warner, and my noble friend put forward in their amendments? They would strengthen and give substance to the declarations about human rights.
I hope that when the Minister comes to respond to my noble friend, she will take his amendment in the spirit that he put it to her and be willing to discuss whether it is a way forward. Although many of us dislike the Bill completely, we could at least work on the basis of that amendment.
My Lords, it is not my usual role, but I shall be a bit more conciliatory than other speakers. Although I see the Bill as very heavy-handed, almost draconian, and it should never have been brought to your Lordships’ House, at least we have an option now. As the noble Lord, Lord Collins, pointed out, the House can work together. The Minister herself said that she values this House’s expertise. We have not noticed that over the past few years, because virtually everything we suggest gets thrown out. Amendments 19 and 48 would make the Bill less heavy-handed and would mean that public authorities could make decisions of their own when they saw illegitimate human rights abuses. I do not see why anyone would want to reject that idea.
I say to the Government: bring your own amendments if you want to, but, in essence, repeat what we are trying to say here and, perhaps, make this Bill less awful.
(3 years ago)
Lords ChamberMy Lords, I speak in support of Amendment 82, to which I was very pleased to add my name. I applaud the noble Lord, Lord Hodgson of Astley Abbotts, for his tenacity on the issue of Friday releases. I am also grateful to the Minister for meeting us last week and for his helpful letters on universal credit—which I am pleased to see is also addressed in the recent prisons strategy White Paper—and on how the power to avoid some Friday releases has worked in Scotland.
However, as I said to the Minister at our meeting, the latter tells us about the “what” of the small number of releases made under this power but nothing about the “why”. While I quite understand why the Scottish Prison Service could not, as the letter said, comment on the facts of individual cases, I would have thought it could have pulled out some patterns to help our understanding. Such an analysis would surely be of value to the Home Office, so I hope it will pursue the matter further. The fact that the Scottish Government are currently consulting on the possibility of ending Friday releases suggests they are not happy with the current—I would say—overbureaucratic procedures.
It is very encouraging that, as we have heard, the prisons strategy White Paper shows that the Home Office has been listening to concerns raised about Friday releases. I quite understand why the Minister does not want to pre-empt the outcome of the consultation, as he explained when we met. Hence, as the noble Lord, Lord Hodgson, noted, the amendment has been carefully drafted so as not to do so. Indeed, the adoption of pilots as envisaged would provide useful evidence to guide the Government when they are ready to legislate on the matter. Like that of the noble Lord, Lord Hodgson, my understanding is that it probably will require legislation.
The pilots could be established at the end of the consultation period so that they could take on board views expressed during that consultation. However, we have no idea when legislation will be possible because—even if everything goes smoothly and even with the best will in world—another legislative opportunity might not come along for quite a long while, as has already been suggested, in the wake of what is an extremely large Home Office Bill. It surely makes sense for the Government to support this amendment, which, by enabling the adoption of pilot schemes in the short term, contributes to longer-term, evidence-based policy-making. It could make the world of difference to a number of prison leavers and their reintegration into society.
I hope therefore that the Minister will accept it or at least the principle of it and, as has been suggested, come back at Third Reading with the Government’s own amendment. If he does not, I fear it will send out a message to those working on the ground that, despite the consultation, the Government are not in fact really interested in evidence and how best to address speedily the problems, which they now acknowledge exist, created by Friday releases.
My Lords, when I was a child and my parents stopped me doing something I would say “That’s not fair” and they would say “Well, life isn’t fair.” I would argue that this House is where we can make life fairer and obviously Friday releases are not fair. I congratulate the noble Lord, Lord Hodgson of Astley Abbotts, on persisting because this is an injustice, and it is a relatively small fix—I would hope.
I understand the point about consultation, but we all know that it is not fair. This amendment is a simple practical solution to the problem. The noble Lord, Lord Hodgson, said “What’s not to like?” There is something not to like: it gives Ministers discretion, whereas I think that they must implement these schemes, so I am less giving than the amendment.
If you want to be tough on crime and want that to be your legacy, you have to break the endless reoffending cycle and give people the best opportunity you possibly can to reintegrate with society. Friday releases are the polar opposite of that. They make life much harder for released prisoners before they have even got on their feet. It is obvious that this has to change.
My suggestion was to wait until the end of the consultation, which we are told will be next April, review the evidence, which surely should not take that long, and then run the pilot on the basis of what is found out in the consultation.
When this Government want to bring in some quite nasty legislation, they can move very fast. I do not see why they could not bring in some rather nice legislation very fast as well.