I thank the noble Lord. I do not have those figures with me, and I will certainly write to him and place a copy in the Library.
I refer to my interests in the register that are relevant to this Question. In particular, I refer to my presidency of the Prison Reform Trust. In view of what the Minister rightly said about the concerns in relation to the statistics referred to in the Question, does she not think that this could be a good opportunity to take positive action, at least to start dealing with the very worrying situation that the statistics reveal?
The noble and learned Lord is absolutely right, and that is exactly what the Government, and particularly the Ministry of Justice, are doing. We are looking at the report and putting in place pilot schemes in particular, as well as other measures, to make sure that we are tackling this problem, which we understand is of great concern.
My Lords, when considering recalling an offender whose escalating behaviour is increasing their risk, offender managers will look at all protective factors in place, especially where there is a positive, family support network, and ensure that any safe alternatives to recall are explored in the first instance.
My Lords, I declare my interest as set out in the register, in particular my position as a joint life president of the Prison Reform Trust. Does the Minister accept the contents of that report and, if so, does she agree that, unfortunately, the method of getting rid of this category of prisoners is being too long delayed?
As I have previously answered, the Government are carefully considering the recommendations in the report—it came out only on 3 December—and we will look at those recommendations for the future.
My Lords, I am sorry, but there is no point in me reiterating what I have said before about the terms of reference and scope of the commission. However, I agree with my noble friend that family contacts provide a crucial lifeline for those in our care. That is why we acted quickly in our Covid-19 response, so that prisoners could maintain family contact, despite these exceptional circumstances.
I am glad to hear that the Minister appreciates that there is urgency in this matter. An acute situation exists in all aspects of the justice system. The Covid event has made life more difficult in many parts of the country and prisons have not been spared. Above all, they want to hear reassurance that the royal commission will start its work, which is so urgently needed.
The commission is a once-in-a-generation opportunity to address the challenges in the criminal justice system that noble Lords have brought up today. This work is extremely important, but it is also an opportunity to factor in the real and additional challenges of Covid-19 and to look at the resilience of the system.
Public protection is the Government’s number one priority. We have already made changes to the law regarding the sentencing and release of terrorist offenders. As part of the proposal in the sentencing White Paper that we talked about last week, the Government intend to introduce a new power to prevent automatic early release for a wider range of offenders who are a significant public protection concern. Earlier this year the Government also announced that they will double the number of specialist probation officers who focus on terrorist prisoners. The Government also intend to create a new counterterrorism assessment and intervention centre.
My Lords, it is absolutely right that we should feel horrified by some crimes, and I certainly endorse the good wishes sent by the Minister. However, we must not get into the situation that, for every type of offence, there is a specific sentencing statutory provision. It makes the task of judges almost impossible if they constantly have to compare statutory penalties for one offence with another which are marginally different in effect.
I agree with the noble and learned Lord, which is why we are taking our time in considering this complex issue of whether there should be any changes to sentencing or to criminal law. We will work through this in a timely manner, consulting with the judiciary all the way.
(4 years, 2 months ago)
Lords ChamberI thank my noble friend. We do remain committed to the strategy. We also think that it is flexible enough, within its policies, to be able to deal with the situation we find ourselves in at the moment. The Government have also given £76 million to support very vulnerable people during the pandemic, £2.5 million of which came from the Ministry of Justice to charities supporting victims of sexual abuse and domestic violence. We also, let us not forget, launched the new You Are Not Alone campaign during the pandemic, which is helping victims. They include female offenders, of course, as we help those who are victims of domestic abuse during the lockdown and pandemic period.
My Lords, would the Minister tell me what steps she has taken to ensure that, in the sentencing of female offenders, the courts do so to custody only in cases where there really is no alternative?
The noble and learned Lord brings up an extremely important point. One of the biggest issues is to make sure that pre-sentencing assessments are done very well by very experienced and trained people. We are also working with the health community to make sure that, before sentencing, any health issues of offenders are dealt with in accordance with the new rules.
We know that the workforce issues are about not just the recruitment but the retention, as the noble Lord says, of some really excellent staff. It is important, and we must admit that high workloads are an issue for probation officers at the moment. We have a workforce programme and we will develop a three to five-year retention strategy to find practical solutions to ensure that we keep the talent we already have—or have had and who want to come back. That is looking at things that are much more about the well-being of our staff.
Many years ago when I was a young barrister, I was advised that when defending a client who was about to be sentenced and wanting to persuade the judge to take a lenient course, I should first speak to the probation officer. If I could persuade him or her of my arguments, that would be the best way to influence the judge. Through no fault of the probation service, unfortunately that trust was undermined. I hope that the probation officers who are now being recruited will restore that trust and will have their attention drawn to the fact that it is very important that they manage to persuade the judiciary of their competence in their work.
I do not comment on press speculation. No decisions have yet been taken on the form and scope of the commission on the constitution, democracy and rights. However, we will consult Select Committees about any relevant decisions in the normal way.
In view of the answers that have already been given, I might be unduly cautious in raising my question. I was the judge responsible at the time of the Constitutional Reform Act 2005 for dealing with the independence of the judiciary under the changes that were then made. The Civil Service and the judiciary have in common the fact that their essential activities are based on independence. If there are to be any changes to the relationship between the Civil Service and the Government, as the noble Lord, Lord McNally, suggests—particularly if they are by legislation—the lessons learned from the 2005 Act need to be borne in mind. Will the Minister indicate whether that will be the case? History shows that it is very easy unintentionally to alter fundamentally the relationship of bodies such as the judiciary and the Civil Service with the Government.
I reiterate that we have no plans to amend the 2010 Act. The established system—that civil servants are accountable to Ministers, who in turn are accountable to Parliament—continues to work well. There are no plans to alter this. The Government do not accept that the Civil Service has become politicised in any way. All individuals appointed to the Civil Service remain subject to the long-standing principles of the Civil Service Code, which requires them to act with honesty, integrity, objectivity and impartiality.