Oral Answers to Questions
Liz Saville Roberts Excerpts(4 days ago)
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Sir Nicholas Dakin
Identifying children with a parent in prison is important for ensuring that they receive the support they need. Strengthening family ties remains an integral aspect of our work, which is why our family support workers help to re-establish appropriate family ties and facilitate visits from prisoners’ children. My officials are working closely with the Department for Education to determine how much more we can do in this space.
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
The Lord Chancellor and Secretary of State for Justice (Shabana Mahmood)
We are sending too many women to prison, two thirds of whom are non-violent and over half of whom have dependent children, and 75% of the time the child leaves home after the mother is incarcerated. That is why we have launched the women’s justice board, which will set out its strategy in the spring. Its goal is to reduce the number of women in prison and, ultimately, the number of women’s prisons.
Liz Saville Roberts
All Welsh women in prison are held in England, and being far from home adds to the emotional torture of separation from children, but we cannot assess the extent of the separation without public access to Wales-specific disaggregated data. Will the Secretary of State commit to making this information public so that we can ensure that pregnant women and mothers and children have the proper support they need?
Shabana Mahmood
The data on how we track the experiences of women across England and Wales will be work that the women’s justice board—once it is up and running—will be able to look into and make recommendations on, which we will pick up in the spring.
IPP Sentences
Liz Saville Roberts Excerpts(1 week, 4 days ago)
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Bambos Charalambous (Southgate and Wood Green) (Lab)
I beg to move,
That this House has considered imprisonment for public protection sentences.
It is pleasure to serve under your chairmanship, Ms Vaz. Imprisonment for public protection sentences, which were introduced in 2005 by the Criminal Justice Act 2003, are cruel, unjust and damaging to those who are still serving them. They were meant to be used to protect the public against criminals who had committed one of 96 offences and who were thought still to be a danger after the minimum term or tariff of the original sentence had expired. No level was set for that tariff by the legislation and the open-ended nature of the sentences led to some catastrophic results.
The House of Commons Library, in its excellent briefing paper for this debate, noted one instance where the courts applied an IPP sentence to someone who had served a minimum term of just 28 days. The misapplication of, and erroneous logic behind, IPP sentences resulted in widespread criticism and to the Government being challenged in court over restrictions on ways that IPP prisoners could demonstrate that they were no danger to the public.
Following a joint report from His Majesty’s inspectorate of prisons and HM inspectorate of probation that highlighted the low levels of IPP prisoners being released, as well as the unsustainability of IPP prisoners adding to the burgeoning prison population, a ministerial review was carried out. Eventually, after further court cases and public pressure, IPP sentences were abolished on 3 December 2012. By then, more than 6,000 prisoners had received IPP sentences. Fast-forwarding to the present day, according to Ministry of Justice statistics as of June this year there were 1,132 IPP prisoners who had never been released, and a further 1,602 who had been recalled for breaching their licence conditions, making a total of 2,734 IPP prisoners still in our prisons.
Criticism of IPP sentences has come from far and wide. In August of this year, Dr Alice Jill Edwards, the UN special rapporteur on torture, said:
“IPP sentences are inhuman treatment and, in many cases, amount to psychological torture.”
Former Lord Chief Justice Lord Thomas described them as “morally wrong” and “inherently unfair”. Even Lord Blunkett, who was Home Secretary when IPP sentences were brought in, described their introduction as “the biggest regret” of his political career, which in some cases had led to injustice.
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
Did the hon. Gentleman hear Lord Blunkett on the media today saying that one of the alternative options should be secure therapeutic units?
Bambos Charalambous
I thank the right hon. Lady for her intervention. She is right, and one of the biggest impacts of IPP sentences is on the mental health of prisoners. I will come to that later. She makes a good point with which I agree.
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
Diolch yn fawr iawn. I congratulate the hon. Member for Southgate and Wood Green (Bambos Charalambous) on securing this debate, and it is an honour to follow the speeches so far. I rise as the co-chair of the justice unions parliamentary group, and I am obliged to speak in this debate because IPP sentences have been raised time and again at our meetings by the trade unions, especially the Prison Officers’ Association and the National Association of Probation Officers. What those unions say is that their members, prison and probation officers, have been placed in an intolerable position because of IPPs. They are made to administer that sentence, which is tantamount to torture, to many of the most vulnerable and damaged people they manage, both in and out of prison.
If we are to be honest, we must first admit it beggars belief that we are still having to discuss this matter today. I will not reiterate the 2022 Justice Committee report recommendations, but it should be noted that the Committee recommended that the Government convene an “expert committee” to advise on any resentencing exercise. That point needs to be repeated—it has possibly been lost in recent debate—because it would of course be up to the Government to appoint such an expert committee, which would include a judge to explore resentencing, and to decide whether to follow its recommendations.
As explained by the Centre for Crime and Justice Studies, which I thank for its briefing, the expert committee
“could recommend, for example, a staggered release schedule to give probation adequate time to prepare, or prioritisation for those with the shortest tariffs or longest time served over-tariff, or even partial resentencing starting with those previously considered safe for release by the Parole Board.”
That last option would of course include prisoners who had previously been released but since recalled, often for no further offence. The expert panel might recommend any of those models or something else entirely, but—this is important—the Government would be free to pick and choose the option that is most palatable politically and manageable in the present crisis of prisons and probation. That is why the Minister has nothing to fear from a resentencing exercise along those lines, as suggested by the Justice Committee.
It is no wonder that the United Nations special rapporteur on torture, Dr Alice Jill Edwards, who I had the pleasure of meeting last year with the justice unions, has called for “adequate and appropriate reparations” for IPP prisoners and their families to compensate them for an “inhumane” punishment that
“often amounts to psychological torture”.
She also warned that
“citing public safety as the reason not to immediately resentence IPP prisoners…is misleading”,
because
“the UK, like any society with a strong rule of law, has measures to protect the community after prisoners are released.”
That is fundamental to a society that believes, as I am sure we all do, that that is how justice should be served. I therefore urge the Minister to listen to the UN and not to ignore such international opinions, as his predecessors were sometimes prone to do.
I also put on record my support for the private Member’s Bill introduced in the other place by Lord Woodley, the Imprisonment for Public Protection (Re-sentencing) Bill, which is listed for Second Reading next month. The Bill, which mirrors the amendment moved by Sir Bob Neill to the Victims and Prisoners Bill in the last Session, calls on the Government to set up an expert committee to advise on resentencing and then enact its advice. I urge the Government to back this important Bill or, if they find the full-fat version of resentencing too much to take, to move an amendment in Committee to make it palatable. I most certainly agree with commentators such as Peter Stefanovic that this is a matter of conscience, and that all parties should therefore allow a free vote on IPP reform.
Finally, I will say something through the Chair but directly to people serving on IPP in prison or in the community, and to their friends and families. I know that many of them are watching and listening to this debate, and I know that there are some in the Gallery now. When I speak to them, I want them to know that there are many of us here in Parliament who will not stop calling out this injustice. In both the Commons and the Lords, cross-party parliamentarians will stand up for them. On the left and the right, on the Front and Back Benches, they have politicians in Parliament who will not give up until the problem that Parliament created back in 2003 has been fixed. I do not want them to lose hope, but I do not want to give them false hope either. I do not want them to think that Lord Woodley’s Bill—I know that he will not mind me saying this—will in itself make resentencing a reality. No—the reality is that the power lies with Government, not with Backbench MPs, nor with Lords or Ladies or anyone who is not in government. It is up to the Government to change the law. I am not sure it really looks like the Government presently have the political appetite for resentencing, shameful though that may be.
We should not therefore think that resentencing is just around the corner, even when we consider the Prime Minister’s background in criminal justice and the comments from Lord Blunkett recently, but please do not give up hope now. Hope is a precious thing, and pressure from campaigners pays off. For example, we have licence changes coming into effect on Friday that will mark the end of a living nightmare for at least one person, who I thank for sharing his story with me earlier. I do not need to remind Members that it was a Labour Government who introduced this sentence, which is tantamount to torture, and a Tory Government who abolished it, albeit in a botched way. We have a golden opportunity to end this living nightmare for so many prisoners and their families once and for all. I urge the Minister and his new Government to take courage and do the right thing by justice. Diolch yn fawr.
Sentencing Review and Prison Capacity
Liz Saville Roberts Excerpts(2 weeks, 4 days ago)
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Shabana Mahmood
I can assure my hon. Friend that my ministerial team and I have been working closely with our colleagues, primarily in the Home Office, but also across Government. Support for victims sits in different Departments, but we are making sure that we have a “one team” approach to this important matter. I have sought to pull the levers at my disposal in such a way that we gave the Probation Service the time it needed to prepare for the SDS40 changes. I did that because I wanted to ensure that our obligations under the victim notification scheme could be met. I am monitoring progress on that regularly, and I will ensure that any improvements required are made on a continual basis. We keep this under constant review.
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
Neil Foden is in prison for the sexual abuse of four vulnerable schoolchildren. He was the headteacher and strategic headteacher at two secondary schools in Gwynedd. Foden was convicted of 19 charges and sentenced to 17 years in July this year for his abhorrent crimes. The judge said he showed no remorse. Can the Lord Chancellor advise me how to seek assurance for his victims that Foden will not be released until he has served at least two thirds of his sentence?
Shabana Mahmood
I can confirm that all sex offences of all types are excluded from the SDS40 measures.
Prison Capacity
Liz Saville Roberts Excerpts(3 months, 3 weeks ago)
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Shabana Mahmood
I welcome my hon. Friend to her place. This change is designed in part to allow probation to do the job that it would normally do when it comes to prisoner releases on licence. We will have an eight-week implementation period; that is one of the big differences between this scheme and the previous Government’s end-of-custody supervised licensing scheme, which was pretty chaotic and opaque. Things moved very quickly, not allowing probation the time to do its job. I am not going to pretend that the eight weeks is ideal, but it is better than where we might have been: it allows the sentencing calculations to be redone and some planning to then happen in the normal way, so that we can make sure that, when those people are released into the community, they have a proper release plan in place. Once we are into the prospective element of the change, I believe that the process will be much smoother, and probation will be able to do a much more effective job of managing those prisoners as they are released into the community.
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
Diolch yn fawr iawn, Llywydd. The Secretary of State is entirely correct to say that prisons are in crisis: they have been in crisis for years, and reform is urgently necessary. It is evident that there are many people in prison who should not be there, but that is the only place that they can be—people for whom community-based prevention and rehabilitation would be way better. The last Government promised us a women’s residential centre based in Swansea, but according to an answer to my written parliamentary question earlier this year, delays and uncertainty over planning saw that proposal sidelined. Will the new Labour Government commit to succeed where the last Government so obviously and appallingly failed and facilitate the establishment of a women’s residential centre in Wales, where we have no women’s prison?
Shabana Mahmood
I thank the right hon. Member—that is a very compelling bit of lobbying from her. May I offer to meet with her, so that we can discuss this issue in person?