Police, Crime, Sentencing and Courts Bill

Debate between Baroness Lister of Burtersett and Baroness Jones of Moulsecoomb

Lords Hansard - Part 2 & Lords Hansard - part two & Report stage
Wednesday 15th December 2021 Lords Chamber

[Baroness Lister of Burtersett (Lab)]

My 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.

[Baroness Jones of Moulsecoomb (GP)]

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.

--- Later in debate ---

[Baroness Lister of Burtersett (Lab)]

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.

[Baroness Jones of Moulsecoomb (GP)]

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.