Probation Services: Prisoner Early Release Scheme

Lord Bishop of Gloucester Excerpts

Thursday 14th November 2024 Lords Chamber

Asked by

[The Lord Bishop of Gloucester]

To ask His Majesty’s Government what assessment they have made of the impact of the prisoner early release scheme on probation services.

[The Minister of State, Home Office (Lord Hanson of Flint) (Lab)]

An impact assessment was conducted ahead of laying the necessary legislation. The SDS40 scheme now has an eight-week implementation period, allowing the service to better prepare and put release plans into place for offenders. The service has taken steps to meet growing demand by focusing on early engagement, and plans to onboard 1,000 new trainee probation officers across the year 2024-25.

[The Lord Bishop of Gloucester]

I thank the Minister for his Answer. Given that we need to be looking long-term, and in the hope that the sentencing review will promote alternatives to custody, will the Minister say what the Government are doing not just to recruit more probation staff but to retain and develop staff so that they are respected and recognised as highly valued professionals?

[Lord Hanson of Flint (Lab)]

I thank the right reverend Prelate for her work as the prison lead in the Church of England and for her comments and support for the Probation Service. The 1,000 probation officers who are going to be recruited as trainees will receive top-quality training, but we also need to look at how we retain the expertise of probation officers, value their experience and ensure that they are part of the Government’s mission to reduce reoffending. Once the sentencing review is complete, we must look to put in place effective sentences that reduce reoffending as well as punishing individuals.

Istanbul Convention: Article 59

Lord Bishop of Gloucester Excerpts

Tuesday 12th November 2024 Lords Chamber

[Lord Hanson of Flint (Lab)]

I welcome the noble Lord to his post as a shadow Home Affairs Minister. I have been here for only four months, but I already feel like a veteran. It is a pleasure to see him on the Front Bench. He will know that the Labour manifesto, which is now the Government’s manifesto for change, included a number of key points on tackling violence against women and girls. We have set an ambitious target to halve that violence against women and girls over the course of this Parliament. That includes help and support for police officers and for individuals who are victims of violence, and the issues to do with education mentioned by the noble Baroness, Lady Sugg, a moment ago. We will be judged on that target in the course of the programme the Government have set.

[The Lord Bishop of Gloucester]

My Lords, data obtained by the Domestic Abuse Commissioner in 2023 revealed that all 43 police forces across England and Wales had shared information about victims and survivors of domestic abuse with immigration enforcement. Do the Government intend to tackle this practice by introducing a firewall?

[Lord Hanson of Flint (Lab)]

I think this is important. On the firewall between police and immigration not being implemented, I put it to the right reverend Prelate that an external firewall would not necessarily prevent the perpetrator or any anonymous third party informing immigration enforcement about the victim’s immigration status. However, it would impact law enforcement agencies’ ability to investigate crimes. I hear what she says, and that issue will be reviewed by my honourable friend in the House of Commons as part of this general review.

King’s Speech

Lord Bishop of Gloucester Excerpts

Wednesday 24th July 2024 Lords Chamber

[The Lord Bishop of Gloucester]

My Lords, I congratulate the noble Lord, Lord Timpson, on his superb maiden speech, and I refer to my interest as stated in the register as Anglican bishop for prisons.

The gracious Speech began with the principles of

“security, fairness and opportunity for all”.

What does that mean for our criminal justice system? Much mention has been made of overcrowded prisons, an overflowing remand population and a void of rehabilitation leading to reoffending. In the past year I have convened cross-party, round-table discussions with key people in this and the other place, plus academics, those with lived experience and prison reformers. We are all agreed that we need a legislative definition of the purpose of imprisonment, and we need to improve the public’s understanding of sentencing. The concepts of punishment and vengeance are strong in the public narrative.

Beyond these doors, in the Prince’s Chamber, is the statue of Queen Victoria, positioned between the figures of Justice and Mercy. How would our criminal justice system be different if we allowed those two figures to properly dialogue? I recently visited the Netherlands, where there has been a huge reduction in the incarcerated population, not least through an imaginative rethink of sentencing, including different and appropriate care of those with mental health problems and addiction. Children are also dealt with differently, and I hope that in due course I will be able to share more of what I believe we could learn.

The narrative that our streets will be safer if we lock more people up and for longer is not supported by the evidence, and simply leads to doing more of the same thing. Just criticising the previous Government for not building more prisons is missing the point. A system that results in more imprisonment, continued repeat offending, more victims and no change in what is broken in lives and society is not only failing but is not cost effective. The government commitment to a

“justice system that puts victims first”

not only requires tackling reoffending with a fresh look at appropriate education, rehabilitation and purposeful training in prison and beyond the gate. It also requires whole-system change, with a public health approach focusing on what will make for stronger and transformed communities, including tackling root causes. I am sure the Minister is aware of the Better Justice Partnership and its work on whole-system change, and I hope he might commit to meet with it.

Over decades, the inequality of our society has contributed to the warehousing of the vulnerable. We need a whole-community approach, and the issue of relationship is key. We need to look at the big picture, including up stream. We need that long-overdue review of sentencing. We need courage to establish alternatives to the revolving prison door and the repeated pattern of fractured relationship, and this must include community-based alternatives as well as the presumption against short sentences, not least with their disproportionate impact on women.

We need to properly resource, train and value prison and probation staff. More needs to be done with them, and for them—it is the big picture. The ambition of security, fairness and opportunity for all needs a large, articulated vision for the society and world we wish to see. Even our debate on the gracious Speech is siloed across government departments. We need to do join-up. It would be wonderful if we could start from a person-centred way of doing things. How about saying, “For a child born today, how will all that we do enable their flourishing into adulthood?”

But back to reality. I applaud the acknowledgement of children of prisoners. They also often serve a hidden sentence, so identification is long overdue. I am sure the Minister will connect with the charities Children Heard and Seen and the Prison Advice and Care Trust, which bring much expertise. I also applaud the intention to expand the remit of the Victims’ Commissioner and the ambition to halve the violence against women and girls—but that too requires looking up stream.

Time is ticking. Even if people are not driven by mercy in dialogue with justice, perhaps finance will be the driver. Prison costs just over £50,000 per person per year, and the annual social and economic cost of reoffending is estimated at £18 billion. A different and more effective approach means not higher cost but a redistribution of funds. As a Lord spiritual motivated by my faith in Jesus Christ and my belief in every person created in the image of God, I am hopeful about the opportunities that we have to transform the system, holding fast to those principles of security, fairness and opportunity for all.

Asylum: UK-Rwanda Agreement

Lord Bishop of Gloucester Excerpts

Monday 22nd January 2024 Lords Chamber

[The Lord Bishop of Gloucester]

My Lords, I welcome the opportunity to speak today and thank the International Agreements Committee for its excellent report. I will just say that as Lord Bishops we take no position on this Bench based on tribal loyalty and we are not whipped. Instead, because of what our Christian faith teaches us about care for the stranger, we have spoken with one voice on these Benches.

I am focusing on the issues before us today; friends on this Bench will speak to wider points in the coming weeks, as the Bill is discussed. As has been said, this treaty is the central plank of the Government’s case that Rwanda is a safe country for asylum seekers. As others have commented, it is remarkable for the Executive to request that parliamentarians declare another nation state safe, and safe ad infinitum, on the basis that one drafted international agreement answers all the concerns of the Supreme Court. If Parliament proceeds to, in effect, substitute its judgment for that of the Supreme Court, where does that leave the constitutional principle of the separation of functions and what precedent is this setting?

The question is not whether both parties are willing and capable of delivering on the treaty, but whether the provisions will become operational in reality. Both the committee and the High Court question Rwanda’s ability to fulfil its commitments in the short term in light of the evidential deficiencies of the present asylum system in Rwanda, as has been mentioned. Furthermore, the UNHCR has not observed any systemic changes that will address the court’s concern. Future assurances, however sincerely offered, are not on their own a strong enough basis to legislate a country as safe.

The role of government is indeed to create law, but it is not to create injustices. Therefore, if the Government are so confident that the treaty obligations placed on Rwanda will ensure that the Rwandan partnership is lawful, why not make this argument again before the judiciary? As the Government are not pursuing this course of action, the International Agreements Committee has recommended that the treaty not be ratified until Parliament is satisfied that the protection it provides has been fully implemented.

Given that the Home Secretary has stated that

“we will not operationalise this scheme until we are confident that the measures underpinning the treaty have been put in place; otherwise, the treaty is not credible”,

do the Government concede that this is an eminently sensible proposal that should be given serious consideration? To take one example from the treaty, can the Minister reassure us that judges from a mix of nationalities will have been appointed to the new appeals body before any flights take off to Rwanda? In general, how long do the Government envisage that it will take for Rwanda to put in place the protections outlined in the treaty?

No one on these Benches is denying the complexity of the challenges that irregular migration presents globally and on our shores. The boats must be stopped. The traffickers must be stopped and held to account. Immigration must, of course, be controlled. However, this debate is focusing us on the issue of whether sending people to Rwanda is safe and humane. The Prime Minister has called on Peers to

“get on board and do the right thing”,

but I fear that it cannot be right to assure ourselves that asylum seekers will be protected by a few sheets of paper.

Female Domestic Homicides: Black, Asian and Ethnic-minority Overrepresentation

Lord Bishop of Gloucester Excerpts

Monday 22nd January 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, I have already gone through a number of the programmes that have been put in place, many of which started only in 2022. I do not think it is fair to characterise the Government as not treating this as a priority. As the noble Baroness will be aware, we made it a strategic policing priority alongside terrorism and other priorities only last year. It is worth mentioning at this point someone I have referenced many times from the Dispatch Box. Maggie Blyth, who is the VAWG lead at the NPCC, has recently been appointed as the new deputy CEO at the College of Policing. I think that is a very positive step forward from an enforcement perspective. I would also like to commend Louisa Rolfe, who is the domestic abuse lead at the NPCC. We are doing a great deal. A consultation is under way on the domestic homicide statutory guidance; I suggest that the noble Baroness participates.

[The Lord Bishop of Gloucester]

My Lords, after contacting the police to report domestic violence crimes, migrant women in the UK have often been reported to Immigration Enforcement. For this reason, those women often stay silent for longer. What are the Government doing to ensure that black, Asian and minority-ethnic women who are victims of domestic violence can report abuse without fear of detention or deportation?

[Lord Sharpe of Epsom (Con)]

The right reverend Prelate will be aware that, if they do, they are not subject to immigration action—a subject that has been talked about a number of times from the Dispatch Box.

Refugees: Homelessness

Lord Bishop of Gloucester Excerpts

Wednesday 13th December 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I commend my noble friend for his generosity in hosting the Ukrainian family and I associate myself with the remarks on how they are needed back in Ukraine—they will be needed when the reconstruction efforts in that country commence. Regarding what the Government are planning for the Ukrainian visa system, I do not have that information to hand but will come back to the House as and when it is available.

[The Lord Bishop of Gloucester]

My Lords, given what has already been said about the inadequate notice period, can the Minister give an assurance that no notice to vacate will be implemented when a severe weather emergency protocol has been announced?

[Lord Sharpe of Epsom (Con)]

I would take slight issue with the right reverend Prelate on whether the notice period is inadequate. I think that 28 days is more than enough, and there is huge pressure on our asylum system. As the House will be aware given that we talked about it the other day, the asylum and immigration system is costing this country £4 billion a year. However, ministerial agreement has been given to pause evictions for up to three days when a local authority has activated its severe weather emergency protocol due to poor weather conditions. This reduces the risks to life and enables the individual and/or local authority to find alternative accommodation arrangements.

Climate Change: Migration

Lord Bishop of Gloucester Excerpts

Thursday 14th September 2023 Lords Chamber

[The Lord Bishop of Gloucester]

My Lords, it is a delight to follow the noble Baroness, Lady Bennett of Manor Castle. I am grateful to the noble and right reverend Lord, Lord Harries, for bringing this debate and raising this important issue. It touches on two of the primary challenges that we face in the 21st century; as we have heard, they are deeply connected. We heard astounding statistics, such as that, by 2050, perhaps 200 million people will be displaced due to climate change.

I was reminded of many of the weather events of this summer in Europe. We saw about 19,000 people evacuated from Rhodes due to wildfires; there were images of holidaymakers fleeing but being given refuge and hospitality by local people. We saw temperature red alerts and the hottest June on record globally. This is the climate crisis close up and, at the most basic level, it involved the movement of people and the support of other people—a small snapshot of a much larger global issue.

Just recently, at a refugee and asylum seekers service in Gloucestershire, we had a conversation about the fact that some regions of the planet are becoming uninhabitable and simply will not be able to adapt to extreme temperatures. A recent report published by Christian Aid pointed to research that supports what we have already heard: higher temperatures will lead to greater projected asylum applications to European countries.

However, as we have also heard, we need to keep this in perspective, set against the backdrop of millions of people displaced within their own countries and across neighbouring borders. I, too, was going to talk about Somalia but we have heard about that already. What is really important is that so many people across our world are being displaced for reasons other than climate change, such as war or persecution, and then discovering that the effects of climate change are adding to their suffering. Another example concerns the Rohingya refugees in Bangladesh, who are being further impacted by adverse weather disasters due to climate change.

None of this can be separated from the issues of poverty that underlie all we are talking about. The option of air conditioning simply does not exist in many places where people live across our world and the world’s poorest are bearing the burden of the climate crisis, which is not of their making. We also know that, for a whole host of reasons, the impact of climate change is predicted to affect women and girls disproportionately; we have already heard about children. It is not surprising that people are on the move. It is simply not an option for us to pull up the drawbridge and leave others to deal with the consequences of global migration. Working with our European partners is a practical necessity to deal with a crisis that is global in scale. As we have already heard, we have a collective responsibility to work with our European partners; many of those bodies have already been named. We cannot expect other countries to pick up the tab when we hold so many of the resources.

There are practical questions that we must address. The issue of the definition of a refugee has already been mentioned. The refugee convention described a refugee as

“someone unable or unwilling to return to their country of origin owing to a well-founded fear of being persecuted”.

That reflected the realities of 1951, not 2023. We would be wise to explore a more extensive definition that takes into account the drivers of migration that have developed over the past 70 years and, in particular, reflects the way in which climate change affects migration patterns. One way of addressing this is to invest further in climate adaptation, as well as in loss and damage payments, to help people respond to the impact of climate change in the countries where they live. It would be good if the Minister could say what is being done to address this.

One day last year, at the Lambeth conference, bishops from across the world gathered in the grounds of Lambeth Palace on one of the hottest days of the year. The grass was like straw. We sat in the shade of marquees and heard stories about the effects of climate change on real lives in real places. Some of it was very hard to hear. We had food that day—extremely good food—and plenty of water as we talked and listened to one another but many of the stories I heard were about climate change devastating food production, the failure of crops and people no longer being able to survive in the places of their communities. We also heard stories of hope. For example, I heard of churches in Uganda providing seedlings for tree planting and of the church in Kenya teaching and encouraging dryland farming, but all of it requires investment so that people can stay and build strong communities where they are.

This is an issue of justice. For me, as a Christian, that really matters, so I am grateful for this debate, which has highlighted the need for us not simply to keep looking for instant solutions to a problem that is about us here in the UK endeavouring to manage the inflow of people. This is about the need to work closely with European and other partners to engage in a courageous global vision and seek long-term and often slow but persistent ways to address the push factors, as well as just ways of managing the flows of increased movement across Europe.

Illegal Migration Bill

Lord Bishop of Gloucester Excerpts

Report stage
Monday 3rd July 2023 Lords Chamber

[Baroness Lister of Burtersett (Lab)]

My Lords, I move Amendment 64 and will introduce Amendment 65. One is consequential to the other so I will take them together. I thank the right reverend Prelate the Bishop of Gloucester and the noble Baronesses, Lady Sugg and Lady Gohir, for their invaluable support, and Women for Refugee Women for all its work on the amendments.

The amendments do no more than restore the status quo ante by limiting the detention of pregnant women to 72 hours, extendable up to a week with ministerial authorisation. This aim is supported by the JCHR, Children’s Commissioner and many organisations.

The existing time limit represented a compromise put forward by the then Home Secretary Theresa May in response to your Lordships’ House voting time and again for the absolute exclusion of pregnant women from detention, as recommended in the government-commissioned review by Stephen Shaw, former Prisons and Probation Ombudsman. Shaw based his recommendation on what he considered to be the incontrovertible evidence of detention’s deleterious effects on the health of pregnant women and their unborn children. His verdict was referenced in a recent letter to the Times from, among others, the CEO of the Royal College of Midwives and the president of the Royal College of Obstetricians and Gynaecologists, calling on us to oppose the removal of the detention limits.

I still await an answer to the question I posed in Committee, citing an unanswered letter from the Independent Advisory Panel on Deaths in Custody to the Home Secretary. Has the Home Office

“carried out a full assessment of the risks linked to the indefinite detention of pregnant women”?—[Official Report, 7/6/23; col. 1494.]

Given that the limits on detention for pregnant women were introduced only seven years ago, and it has been admitted that very few have come over in small boats, there must surely be strong grounds for this change in policy. However, as the noble Baroness, Lady Sugg, exposed so skilfully in Committee, we have been given the flimsiest of justifications, lacking any evidential base. For example, in Committee the Minister declared that he was

“happy to repeat … that we must not create incentives for people-smuggling gangs to target pregnant women or provide opportunities for people to exploit any loopholes”.—[Official Report, 7/6/23; col. 1504.]

Could the Minister explain what the Government have in mind here? Are they suggesting that women might deliberately get pregnant to avoid unlimited detention or that people smugglers will be scouring refugee camps for pregnant women?

To be fair to the Minister, he tried to persuade us that pregnant women would be treated well on a case-by-case basis. But let us remember what Theresa May said in 2016:

“This new safeguard will ensure that detention for pregnant women will be used as a last resort and for very short periods”.—[Official Report, Commons, 18/4/16; col. 679WS.]


For a safeguard to be effective, it needs the backing of law. Discretionary case-by-case consideration is simply not enough to ensure the protection of women in very vulnerable circumstances. We can see this from what was happening before the time limit was introduced. Previous Home Office guidance stated:

“Pregnant women should not normally be detained”.


However, under this guidance, nearly 100 pregnant women were detained in 2014, with one-third held for over a month and four held for between three and six months. The gulf between policy and practice has been closed only with the implementation of the statutory time limit.

The Minister also insisted that pregnant women will be protected through categorisation as adults at risk level 3. Yet during the passage of the 2016 Act, the Government ultimately recognised that this approach provided insufficient safeguards. Why are they now arguing the opposite? The Minister further tried to reassure us by pointing out that

“it will be open to pregnant women to apply to the First-tier Tribunal for immigration bail after 28 days”

or that

“a writ of habeas corpus”—

which, as pointed out in Committee, is very limited in its application—could

“be made at any point”.—[Official Report, 7/6/23; col. 1505.]

But these are women who are likely to be very stressed and may already be traumatised by what they have been through, with damaging effects on their unborn baby. Twenty-eight days in detention is a long time, particularly in the context of a pregnancy.

How realistic is it to expect them to have to engage with the legal system for protection that they receive automatically now? If they did so, why would the Government want to spend time and money on what should be unnecessary legal challenges? This is all in the context of what the JCHR has described as a severe restriction on judicial supervision.

When we debated a similar amendment in Committee, not only did all those who spoke give it unequivocal support but I was aware of a number of noble Lords sitting on the Government Benches and the Cross Benches who were supporting the amendment in silent solidarity. That was quite something, given that it was well past midnight. While I feel passionately about the amendment, it is a very small cog in the wider wheel of the Bill. It is one which the Government could easily concede without undermining the Bill’s objectives, as much as I disagree with them. I very much hope that the Minister will remember what is at stake for pregnant women and their unborn children and will do the right thing today. I beg to move.

[The Lord Bishop of Gloucester]

My Lords, it is a great pleasure to follow the noble Baroness, Lady Lister, who expertly outlined why the amendment is needed.

I will not repeat all the points made, but this is an issue of dignity for a highly vulnerable group. I will highlight one or two things that have been said. There is no evidence to suggest that the current 72-hour time limit on their detentions resulted in lots of pregnant women making the crossing. The Government have previously conceded that the adults at risk policy would not adequately safeguard pregnant women, and, in response, the 72-hour limit was brought in. We have research from prior to the introduction of this time limit that highlighted the inadequate healthcare for detained pregnant women. It is hard to believe that any healthcare arrangements would therefore relieve the stress of detention and the damaging impact on both a pregnant woman and her unborn baby.

We have already heard from the noble Baroness, Lady Lister, on the number of medical organisations and people who are opposed to removing the 72-hour limit. I join with them by strongly supporting this amendment, and I urge noble Lords to do likewise.

[Baroness Gohir (CB)]

My Lords, I support the amendment from the noble Baroness, Lady Lister, to which I have added my name, because this Government are compromising the safety of pregnant migrant women and their babies.

To date, the Minister has not provided evidence that the numbers will increase if women are not detained. I wrote to the Minister and last week he acknowledged that, since January, no pregnant migrant women have arrived in this country illegally. Evidence has also not been provided that housing a few handfuls of migrant women, who have probably arrived over several years, will provide a danger to our society. For those reasons, I urge the House to support the amendment from the noble Baroness, Lady Lister.

Vagrancy Act 1824

Lord Bishop of Gloucester Excerpts

Wednesday 17th May 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I am happy to give a bit more detail on the positive aspects of this. So far, we have invested up to £500 million through our flagship rough sleeping initiative 2022-25 so that local authorities can provide tailored support to end rough sleeping. We have launched the £200 million single homelessness accommodation programme, which will deliver up to 2,400 homes for vulnerable people sleeping rough or at risk of rough sleeping. In addition to the 6,000 homes being delivered by rough sleeping accommodation programmes, we have committed £42 million of funding since 2018 towards the subregional Housing First pilots in various regions. We have also committed up to £186.5 million in funding for substance misuse treatment services.

[The Lord Bishop of Gloucester]

My Lords, I thank the Minister for those statistics and for his assurance of an eventual commitment to no one being criminalised simply for having nowhere to live. Is he aware of the Ministry of Justice data which shows that people released from prison to homelessness are over 50% more likely to offend within a year? What more is being done to ensure that prison leavers have a home on release?

[Lord Sharpe of Epsom (Con)]

I cannot specifically answer as regards all prison leavers. I know that a lot of work is being done with the rehabilitation of drug addicts in an effort to prevent recidivism. I will come back to the right reverend Prelate with more detail, if I can find it.

Police Uplift Programme

Lord Bishop of Gloucester Excerpts

Tuesday 2nd May 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, in fact there are more policemen than under the last Labour Government: 3,542 more, to be precise. The fact is that demand for policing has changed since 2010, which is why in 2019 the Government made this commitment to increase the number of police officers by 20,000, to help the police respond. I am afraid that I cannot say how many of this new intake will complete their probationary period, as, obviously, some will still be in their probationary period. I will endeavour to find out the statistics and come back to the noble Lord. On the number who left, I have already gone into the statistics in some detail on the number who were recruited, as well as the attrition statistics.

[The Lord Bishop of Gloucester]

My Lords, it is very good to hear the Minister speak about police uplift. I am certainly not asking for more and more but I am asking for more join-up. I am really concerned about the “we are coming for you” rhetoric being part of the solution, and the sense that if we simply arrest more people and send more people to prison, we will reduce reoffending. There was nothing in the data about the high rate of reoffending. Unless we look at what is going on in our prisons, at how we rehabilitate people and address some of the systemic issues relating to why people offend in the first place, we will not be doing that join-up across the criminal justice system. I am really concerned about the rhetoric whereby, if you arrest more people and lock them up for longer, our streets will be safer; the data simply does not reflect that. Will the Minister say more about the join-up across the whole of the criminal justice system?

[Lord Sharpe of Epsom (Con)]

The right reverend Prelate has made some very good points. The public would expect charge, arrest and prevention rates to increase from the current levels. However, without work on reoffending and the criminal justice system in the round, as the right reverend Prelate suggests, I think that things will fail to improve as much as we would all like. I cannot give her any precise details but, when it comes to the drug strategy, work is being done between the Ministry of Justice, the criminal justice system more generally and the Home Office on reoffending and referring people to preventive programmes at an earlier stage. That should yield some results.