Prisoners: Indeterminate Sentences

Lord Bishop of Liverpool Excerpts

Tuesday 23rd April 2013 Lords Chamber

[Lord McNally]

My Lords, within the constraints that we are having to operate in we are trying to introduce new courses. I fully accept that one of the reasons we abolished IPP is that it contained that Catch-22 whereby you had to fulfil certain courses, which may not be available, to qualify for release. I believe that NOMS is doing its best to bring in new systems and that there is greater flexibility in qualifying for release. However, I go back to the point that we are dealing with men who were sent to prison because the judge who sentenced them judged that they posed a serious risk.

[The Lord Bishop of Liverpool]

My Lords, one of the problems is that when a prisoner is transferred to another prison, they find that there is no accredited course in that prison. Who has the specific responsibility for ensuring that when a prisoner is transferred, there is an accredited course in the prison to which that prisoner is transferred?

[Lord McNally]

I understand that almost all IPP prisoners now have a managed programme to help them prepare for release. That should be part of sentence planning. But, again, I freely acknowledge that in some cases prisoners have been moved for other reasons and then find that they cannot complete the relevant courses. We are trying as best we can to iron out of the system what the noble Lord referred to as a Catch-22 situation so that prisoners can qualify, but to leave with the Parole Board the overriding assessment of whether they are suitable for release or whether a risk remains.

Prisons: New Prisons

Lord Bishop of Liverpool Excerpts

Wednesday 20th March 2013 Lords Chamber

Asked By

[The Lord Bishop of Liverpool]

To ask Her Majesty’s Government what plans they have to ensure that all new prisons are environmentally sustainable.

[The Minister of State, Ministry of Justice (Lord McNally)]

My Lords, the Building Research Establishment environmental assessment method—BREEAM—sets the standard for best practice in sustainable building design, construction and operation, using recognised measures of performance set against established benchmarks. All new prisons are required to be BREEAM-assessed to a standard of excellence.

[The Lord Bishop of Liverpool]

My Lords, I thank the Minister for that very encouraging reply. Does he recognise that sustainable prisons, with productive gardens, workshops and even small farms, can help with rehabilitation and reduce reoffending, especially among the very high proportion of prisoners with mental illness?

[Lord McNally]

My Lords, the right reverend Prelate is correct, and that is why new prisons are designed to be able to facilitate opportunities for work, education, training and rehabilitation. That is the benefit of a new-build policy.

Transforming Rehabilitation

Lord Bishop of Liverpool Excerpts

Wednesday 9th January 2013 Lords Chamber

[Lord McNally]

I thank the noble Lord for those questions. He is quite right: of the three parts of this initiative that attract me most, one is the idea of a proper mentoring programme; another is a real acceptance of “through the gate” as a concept of dealing with prisoners; and the other relates to how to deal with prisoners with less than one year’s sentence. This is a consultation; the actual size and shape of the geographic regions have still to be determined, and will be determined in part by the outcome of the consultation. I suspect that my right honourable friend has in mind some fairly large regions to ensure that we get the kind of benefits of scale that large regions can provide. I cannot be firmer on that but we already have some experience of commissioning in London, where a community services contract has recently been signed that is over a four-year period and £20 million less than the existing contract. I think that they will be largish regions but we are open to consultation.

What is success? This is partly a testing of the market to see what kind of organisations are interested and what problems they foresee. It is not easy; is it one year free from reoffending, is it never reoffending and how do you prove that? It is not so simple but that is part of what the consultation process is about.

[The Lord Bishop of Liverpool]

My Lords, we on these Benches very much welcome the engagement of what is described in the Statement as the voluntary and community services. As the Minister knows, faith groups are already very involved in the rehabilitation of offenders, both inside and outside prison. Can the Minister tell us how the Government will ensure that, by opening up the probation services to the market, the local, voluntary and community sectors will not be eclipsed by the private sector with its much greater resources?

[Lord McNally]

First, I pay tribute to the right relevant Prelat for both the leadership and the contribution that the churches make to prison chaplaincies and for their support in the wider community. In previous debates I have referred to visits I have made to St Albans and Norwich, where the cathedrals are the centre of community efforts in rehabilitation. He makes a very relevant point about the voluntary sector. A new commitment within the group is that we will make available £500,000 of seed corn to help voluntary groups prepare proper business cases for participation. We will also build into the system for awarding contracts that organisations which include voluntary and local groups, and can clearly demonstrate that they are making full use of their expertise, will probably have a much better chance of winning contracts.

I hope that those two parts of the package—help in preparing a proper business case and a contractual advantage if they are included in bids by larger groupings—will ensure that local and voluntary organisations have a proper participation. Indeed, we would be disappointed if this was not one of the results of what we are doing. We want the ideas, initiatives and commitment that voluntary and local groups can bring to this as part of what we have termed a revolution.

Crime: Victims

Lord Bishop of Liverpool Excerpts

Wednesday 13th June 2012 Lords Chamber

[Lord McNally]

I think that I had better take advice and write to the noble Lord. I can feel the thin ice under me so I will write to him.

[The Lord Bishop of Liverpool]

My Lords, I know that the Minister recognises that victims often feel overlooked in the criminal justice system. Can he please tell the House whether victims themselves have begun to ask for the decentralisation of this service?

[Lord McNally]

Yes. A large number of organisations are involved in victim support, and Victim Support—as the title says—is one of the leading ones. At the moment it is in effect a monopoly provider of services, receiving some £38 million of public funds. In this consultation exercise we are looking at whether it would be better to commission some of those victim support activities locally, and then we can decide where the dividing line between local and central delivery should be. It is a perfectly legitimate exercise. We have, as I say, completed the consultation, and our response and specific proposals are imminent. I hope that that will inform further debate in this House and elsewhere.

Health: Mesothelioma

Lord Bishop of Liverpool Excerpts

Wednesday 29th February 2012 Lords Chamber

[Lord McNally]

My Lords, we are in no way deterring people from making claims for this terrible disease. We fully acknowledge that a large number of people have been diagnosed as sufferers. Even more tragically, the estimate is that many more will be diagnosed over the next 30 years. That is the terrible nature of this affliction. We have been trying to lower the bar to litigation. As I said, most cases, certainly against government bodies, are settled before they get to court. The Department for Work and Pensions has undertaken various initiatives to make it easier for claimants to trace their employer's insurers. Discussions are being held with stakeholders to determine what more can be done for sufferers. The High Court is introducing a fast-track procedure so that these cases can be dealt with more easily.

I understand why noble Lords are campaigning on this, but I do not think that the charge that we are trying to victimise the sufferers in some way really sticks.

[The Lord Bishop of Liverpool]

My Lords, is the Minister aware of the landmark judgment won in the Supreme Court recently by the president of the Liverpool Law Society about compensation for this disease? Is he further aware that Mr Jones commented afterwards that, had it lost the case, his firm would face bankruptcy? Will not the Minister reconsider the policy in the light of that experience?

[Lord McNally]

My Lords, the Supreme Court has removed some of the hurdles for sufferers of respiratory diseases in bringing claims, and that is all to the good. We are also progressing with the primary legislation brought forward under the Compensation Act 2006. As I said, Senior Master Whitaker, who oversees these cases in the High Court, has helped to introduce a fast-track procedure, which has been incorporated into a practice direction, ensuring that claims are dealt with as quickly as possible. These are terrible cases. It is right that noble Lords and others, such as the Daily Mirror, campaign for sufferers, but I reject the claim that we are in any way penalising or victimising them by what we propose.

Community Justice Centre: North Liverpool

Lord Bishop of Liverpool Excerpts

Wednesday 30th November 2011 Lords Chamber

[Lord McNally]

My Lords, the inquiry is looking at the impact on reoffending and the efficiency of process. Its findings are not yet available for release because that work is not yet completed, but I would find it inconceivable that the court itself and those who work in it had not fed into that inquiry.

[The Lord Bishop of Liverpool]

My Lords, could the Minister could tell the House whether the Ministry of Justice has done an assessment of areas of deprivation in other cities where a community justice centre would be appropriate?

[Lord McNally]

No, my Lords, we will look at the impact of this centre before we would contemplate doing this in any other cities, but I take the point made by the right reverend Prelate the Lord Bishop of Liverpool that this is operating in an area of very high deprivation, which I hope will be part of the assessment which the inquiry is making, taking note that it is in a particular area.

Justice: North Liverpool Community Justice Centre

Lord Bishop of Liverpool Excerpts

Tuesday 21st June 2011 Lords Chamber

Asked By

[The Lord Bishop of Liverpool]

To ask Her Majesty’s Government what plans they have for the future of the Community Justice Centre in Liverpool and for the creation of other centres.

[The Minister of State, Ministry of Justice (Lord McNally)]

My Lords, we are considering the options for taking forward community justice and evaluating the effectiveness of the North Liverpool Community Justice Centre as part of that. We will consider the results of this evaluation once it has been completed later in the summer.

[The Lord Bishop of Liverpool]

My Lords, I thank the Minister for that very encouraging response. Is he aware that the time taken from first hearing to sentencing is, on average, 26 days at the justice centre, which compares with the national average of 174 days? Can he assure the House that the evaluation will be independent and will look at the benefits, both social and economic, for the whole of the criminal justice system?

[Lord McNally]

My Lords, I think that I can give the right reverend Prelate that assurance. We are trying to learn all the lessons from the justice centre, which is a unique and innovative court model employing problem solving, partnership working, community involvement and a single-judge approach to tackling reoffending and improving community confidence in the justice system. We will seek in the study to learn lessons across the board which we can take into the wider criminal justice system.

Prisoner Transfer Agreements

Lord Bishop of Liverpool Excerpts

Tuesday 15th February 2011 Lords Chamber

Asked By

[The Lord Bishop of Liverpool]

To ask Her Majesty’s Government what plans they have to review prisoner transfer agreements.

[The Minister of State, Ministry of Justice (Lord McNally)]

My Lords, we have a small number of bilateral arrangements which we keep under review, including on prisoner consent. The UK is a signatory to multilateral agreements for prisoner transfer which would require the agreement of all parties to a review.

[The Lord Bishop of Liverpool]

My Lords, I thank the Minister for his Answer. Will he look into the case of Steven Willcox who, on transfer from Thailand, is having to serve a 29-year fixed sentence for possession of a small amount of drugs, when a number of other transferred prisoners on much more serious charges are released much sooner? Will he also look into the disparity of treatment between those transferred prisoners on fixed-term sentences that cannot be changed and those on whole-life sentences that can be reassessed, and even reduced, by British courts?

[Lord McNally]

My Lords, officials of the Ministry of Justice have recently concluded a review of the Anglo-Thai agreement and submissions will be considered shortly by Ministers. The issues raised by the right reverend Prelate will be considered by Ministers when we receive that review.

Youth Justice Board

Lord Bishop of Liverpool Excerpts

Wednesday 8th December 2010 Lords Chamber

Asked By

[The Lord Bishop of Liverpool]

To ask Her Majesty’s Government how, when taking the Youth Justice Board into the Ministry of Justice, they will ensure that there remains a distinct focus on youth justice separate from the adult system.

[The Minister of State, Ministry of Justice (Lord McNally)]

My Lords, the Government are committed to maintaining a distinct focus on the needs of children and young people in the youth justice system. By integrating the Youth Justice Board into the Ministry of Justice, we will bring together the existing experience and knowledge of the YJB and the MoJ. Independent oversight of the youth justice system is no longer required and the MoJ is best placed to lead an effective system going forward that builds on the improvements that have already been made.

[The Lord Bishop of Liverpool]

My Lords, I thank the Minister for his Answer and for the Green Paper. He will know that in the past two years of the Youth Justice Board’s operation there has been a reduction of some 27 per cent in the use of custody for young offenders. How will this strategy be taken forward in the Ministry of Justice, especially in the light of the decentralising emphasis of the Green Paper?

[Lord McNally]

My Lords, in many ways, the YJB is a success story. In the late 1990s, youth services were Cinderella organisations but they are also mainly the responsibility of local authorities. We are ensuring that the system is decentralised and devolved in a positive way. In the past few years, there has been a very successful move away from putting young people into custody and towards using other methods, which has brought about the reduction. We will continue to encourage and follow this process.

Prisons: In-cell Sanitation

Lord Bishop of Liverpool Excerpts

Tuesday 12th October 2010 Lords Chamber

[Lord McNally]

Yes, my Lords.

[The Lord Bishop of Liverpool]

My Lords, I gather that in-cell sanitation is covered by Prison Service Order 1900. Whose responsibility is it to oversee the application of Prison Service orders and this one in particular? What power does the independent monitoring board have in relation to NOMS to make sure that these observations are acted on?

[Lord McNally]

On the latter point, it is an independent board and a very welcome independent board. As these exchanges prove, it does its job. NOMS has to respond. It is responding by reviewing at the moment the accommodation standards guidelines and updating guidance to prison governors. The overall responsibility rests with Ministers of the Ministry of Justice. We oversee, while NOMS reports to us. The dilemma that we face in 3 per cent of the prison estate is that old cells—some of them were built surprisingly recently, in the 1960s—are too small to accommodate in-cell facilities. The other side to this is that, where there are no in-cell facilities, there is only one prisoner to a cell but, where there is a toilet in the cell, there are two prisoners to a cell, which also has its downsides.