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

Debate between Earl Attlee and Baroness Jones of Moulsecoomb

Monday 29th July 2024 Lords Chamber

[Earl Attlee (Con)]

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 (GP)]

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”.