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

Debate between Earl of Courtown and Lord Brooke of Alverthorpe

Monday 29th July 2024 Lords Chamber

[Lord Brooke of Alverthorpe (Lab)]

My Lords, I welcome the Minister to his appointment and wish him well. I assure him that many people in the House will be anxious to assist him, so that we can move away from the inevitable decade-on-decade increase in the number of people in prison. When the last Government went out, we had 87,000 people in jail, and we now have 97,000 people in jail. I do not think there is any point in pointing to any party-political basis; we should be seeking to come together to take a longer view. I share precisely the views expressed by the noble Lord, Lord Deben: when we look at what is happening in Europe, why are we so different?

If the Netherlands has got empty spaces in its jails, why are we not sending some prisoners there? If Denmark has got empty spaces in its jails, why are we not sending some prisoners there? That is not to say that I think we should be about sending prisoners elsewhere; we should be about trying to get to the fundamentals behind what happens with criminal acts, and looking then at how we deal with people. We need to try to find a more civilised way of handling many of the cases in which people need not go to jail.

In particular, I get increasingly concerned about the problems we encounter with mental health within jails. I know a number of people working in jails from different angles, and the constant complaint is that there are so many people there who should not be in jail but who should in fact be cared for on a mental health basis rather than being incarcerated.

I have a couple of questions there, including on whether we can export people temporarily. I support the statutory instrument, but I hope that the Minister might be able to say that it is high time that we did not just have a review of the reasons why we have our current problems but that we in fact have an all-party approach to try to get a longer-term analysis of our fundamental difficulties, and of what new and more civilised steps can be taken. Then at least, stability could come from not increasing from the present numbers when we review this in 10 years’ time, and within the Government’s five-year period we might have a proper analysis of the underlying causes and a real strategy devised where we could all come together to work for a better life in the future.

[The Earl of Courtown (Con)]

My Lords, I first thank the Minister, the noble Lord, Lord Timpson, for explaining the purpose of these regulations. As the House recalls, we had a repeat of the Statement on prison capacity that my noble and learned friend Lord Stewart of Dirleton responded to on behalf of His Majesty’s Opposition. This has been a fascinating debate, with, in fact, some great and fascinating contributions from all around the House, including from the Conservative Benches.

There are a number of matters that I would like to raise with the noble Lord. In the repeat of the Statement last week, his noble friend Lord Blunkett raised a very important point relating to the pressures being put on local communities. As he said, it poses for local communities

“the very real challenge of additional large numbers being released”.—[Official Report, 24/7/24; col. 513.]

As the Minister said himself, he had seen for himself people leaving prison with no one to meet them and nowhere to live. If this policy is to work, this will put further pressure on the system, so the funds must be made available to ensure that a decent start can be given to these individuals. Without doubt, there will be a demand for more funding through DWP and MHCLG. I wondered if the Minister has anything more to add on this subject.

Until when will the new 40% release point be applied? To say that it will apply until it is no longer needed, or until it is reversed, says nothing. The Ministry of Justice has projections of how many prisoners would be released earlier under this measure; we are told about 5,000 in September and October, and also an estimate of the incoming flow of prisoners. The department must have a working assumption of how long the measure will be needed. It would be good if the Minister could tell me what that estimate is.

We were told last week that there will be a review at the 18-month point. Will the Minister confirm that the current plan is for the release point to go back to 50% at that time? Will he confirm that he will be able to report to Parliament immediately if that plan changes? Notwithstanding what the Minister said on the criteria to be set for ending the policy, would it not be better that a sunset clause to the regulation was used, such that the Government would have to come back to report to Parliament to explain why a further period of release at the 40% mark is required?

As the Minister said, offenders will be subject to strict licensing conditions. Will these be more onerous than the licence conditions to which they would have been subject if released at the 50% mark? If so, how will they be different? Or will they be the same licence conditions but just imposed at the 40% mark?

The Minister also noted that tags would be used where required. We are told that the offenders can be ordered to wear electronic tags and that curfews will be imposed where appropriate. Will all prisoners released at the 40% mark be required to wear a tag, at least until they reach the 50% mark? Will such prisoners also be subject to a curfew for that period, or are we being told that tags and curfews are available, which we know, but will not be routinely imposed on this cohort?

Will the Minister be able to report to Parliament if any serious crimes are committed for those released at the 40% mark? Will His Majesty’s Government confirm that there are no plans for any further or earlier release of any other cohorts of prisoners?

This debate has been very useful. I look forward to hearing what the Minister has to say in response.