17 Lord Dholakia debates involving the Scotland Office

Mon 29th Jun 2020
Mon 24th Feb 2020
Terrorist Offenders (Restriction of Early Release) Bill
Lords Chamber

2nd reading (Hansard) & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords & 2nd reading
Mon 21st Oct 2019
Thu 4th Jul 2019
Thu 16th May 2019

Marriage and Religious Weddings

Lord Dholakia Excerpts
Tuesday 30th June 2020

(3 years, 10 months ago)

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Lord Keen of Elie Portrait Lord Keen of Elie
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The major obstacle is the fundamental difference between the law of marriage in Scotland and that in England. The law of marriage in England and Wales, as determined since Lord Hardwicke’s Act, depends upon the place of celebration as well as the celebrant. That is not the position in Scotland, where it is not necessary to identify the location for the marriage ceremony.

Lord Dholakia Portrait Lord Dholakia (LD) [V]
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My Lords, is there any evidence of girls being married before reaching the legal age at which marriage is permissible, particularly during the Covid emergency of recent times, and is the situation regularly monitored here and abroad to ensure that this does not happen to girls settled in the United Kingdom?

Prison Sentences

Lord Dholakia Excerpts
Monday 29th June 2020

(3 years, 10 months ago)

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Lord Keen of Elie Portrait Lord Keen of Elie
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The noble Lord makes a very good point. Of adults sentenced to six months custody or less, about 84% have previously received a community order, and, indeed, a very large proportion of those have received repeated community orders before finally the court has imposed a custodial sentence. I also acknowledge the noble Lord’s point regarding community sentences. That is one of the things our imminent White Paper is going to do, and we will seek to make community sentences tougher, for example through longer curfews and more hours of unpaid work. We are also, of course, developing the whole area of GPS monitoring with regard to community sentences.

Lord Dholakia Portrait Lord Dholakia (LD) [V]
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My Lords, the pandemic has once again focused attention on short-term sentences or their abolition in favour of community-based penalties. As of 29 May 2020, according to the Library Note, only 95 prisoners have been released under the End of Custody Temporary Release scheme, commonly referred to as ECTR. To what does the Minister attribute the higher sentencing tariff in our courts, and could the Sentencing Council be asked look again at the way judges are using the sentencing tariffs?

Lord Keen of Elie Portrait Lord Keen of Elie
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We consider that the independent judiciary should be in a position to impose the sentence they consider appropriate in an individual case. Releases under the early release scheme have of course been done on an individual basis and in addition, female prisoners have been released under the scheme—pregnant prisoners and those in mother and baby units. According to my figures, as of 22 June a total of 23 women had been released under that scheme.

Royal Commission on Criminal Justice

Lord Dholakia Excerpts
Wednesday 3rd June 2020

(3 years, 10 months ago)

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Lord Keen of Elie Portrait Lord Keen of Elie
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The senior judiciary has been looking at the ability to carry on criminal trials and work in the criminal justice system remotely, and implementing measures to that effect. We hope that these will be developed in the immediate future.

Lord Dholakia Portrait Lord Dholakia (LD)
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My Lords, I declare my interest as a trustee of the Police Foundation, which has undertaken a strategic review of policing under the chairmanship of Sir Michael Barber. It is expected that a major report dealing with the current and future challenges facing policing will be published in July. Will the Minister advise the royal commission to seek an early meeting with this review body so that the duplication of work can be avoided and an early report on policing produced?

Lord Keen of Elie Portrait Lord Keen of Elie
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It is clearly intended that prosecution should be part of the royal commission’s mandate, and clearly the commission, once established, will invite contributions from all interested parties, so I am confident that the police will have ample opportunity to address the commission on the issues referred to.

Terrorist Offenders (Restriction of Early Release) Bill

Lord Dholakia Excerpts
Lord Dholakia Portrait Lord Dholakia (LD)
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My Lords, I welcome the contribution from the noble Lord, Lord Carlile, and I support what he has said. Having worked in the criminal justice system as a volunteer and having talked to many professionals involved in the system, it is obvious that there is no such thing as total security and safety for all our citizens. It is for this reason that we have to be very careful: great care must be taken to ensure that in ratcheting up the release mechanism, this legislation is not counterproductive to the objective of reducing terrorist activities in our country.

The atrocities perpetrated by terrorists outside Fishmongers’ Hall and in Streatham High Road brought home to all of us the need for continual vigilance against the terrorism threat. As the House knows, both the perpetrators had recently been released automatically from determinate sentences after serving half the sentence in custody. In the face of these events, I accept the Government’s argument that speed is necessary in legislating to prevent the further automatic release of similar offenders in the very near future. I also accept the argument that offenders of this type should be required to undergo a risk assessment by the Parole Board before they can be released.

I was privileged to serve some years ago on the committee of the noble Lord, Lord Carlile, which reviewed the parole system. The parole system is an effective way of dealing with offenders in the criminal justice system. At times in the recent past, the board has been subject to misplaced and ill-informed criticism in some quarters. It is therefore gratifying that its expertise in assessing risk and safeguarding the public has been recognised on all sides during the passage of this legislation. The proportion of offenders of all types who are released by the Parole Board and who commit a further serious offence is less than 1%. In any system based on human judgment, it would be difficult to improve on that record.

When the board is considering the release of offenders convicted of terrorist offences, additional measures are in place to ensure that these cases are considered by members with expertise and training in terrorist matters. There is no doubt that the public will be better protected if the release of such offenders is subject to prior consideration by the Parole Board. I therefore support the Bill’s replacing automatic release in these cases with release at the discretion of the Parole Board. However, I have a number of caveats, which are important if we are to get the right balance and guard against the risk that rushed legislation may turn out to be flawed legislation.

The first caveat relates to the additional time that some offenders will serve if the Parole Board concludes that it is not safe to release them. These offenders are serving determinate sentences, so they will be released at some time in the future. It is therefore important that while they are in custody, we deploy the most effective measures possible to counter and change their mistaken beliefs. This means countering them through both offending behaviour programmes focused on terrorism, and through chaplaincy-based programmes seeking to produce a more appropriate understanding of the faith and its requirements for peaceful behaviour towards others. We should keep the effectiveness of deradicalisation programmes under continuous review to ensure that they are designed and delivered to have the maximum impact in challenging and changing people’s pro-terrorist beliefs. I welcome the establishment of the new counterterrorism programmes and interventions centre within Her Majesty’s Prison and Probation Service. I urge the Government to review, publish and act in the near future on information and research on the most effective approaches to radicalisation.

My second caveat relates to the change in the minimum term which offenders serving sentences for terrorism-related offences must serve before they are considered for release. I have already expressed my support for making the release of these offenders dependent on a Parole Board assessment of risk. However, under the Bill, even offenders who have been deradicalised and rehabilitated and whom the Parole Board judges safe to be released will not be released at the halfway point in their sentence and will have to wait until two-thirds of the sentence has elapsed. It is difficult to see how this is supposed to increase public safety. If Parliament decides that it wants this category of offender to serve longer in prison for punishment or deterrence reasons, for example, that is surely a decision to be taken with full discussion and debate in the normal course of a future Bill’s passage through Parliament. It is difficult to see the justification for making this change in a Bill which is being rushed through all its stages in a couple of days on the grounds that public safety requires it.

I accept that an emergency justifies emergency legislation to require a Parole Board assessment before release, but it is difficult to see a similar justification for changing the release eligibility point for offenders serving existing sentences who would receive a favourable risk assessment by the board. Jonathan Hall, QC, the Independent Reviewer of Terrorism Legislation, has made this point in his note on the legislation:

“unless there is a clear justification for retroactively changing the earliest release date for this set of prisoners, it sets an uncomfortable precedent for retroactive alterations to the release dates for other offenders who are currently serving sentences of imprisonment. In summary, whilst consideration by the Parole Board of all terrorist offenders prior to release is sensible and to be welcomed, it is unclear to me why this consideration needs to be delayed until two thirds of the sentences of prisoners—who would otherwise have been released after one half—have elapsed”.

My third caveat is that if an offender is not released by the Parole Board at any point before the end of his sentence, he will be released with no requirement for compulsory supervision by the Probation Service and with no licence conditions. Perhaps the Minister can explain the Government’s position.

My final caveat is that it behoves us to ensure that any legislation which is being pushed through the House in haste must be subject to a formal independent review in the near future.

In conclusion, I am willing to support the position taken by my noble friend Lord Marks because I accept the need to ensure that prisoners serving sentences for terrorism-related offences are released only if the Parole Board assesses it is safe to do so. The Government and Parliament must continue to take responsibility for ensuring that the legislation is closely monitored in practice and that prompt action is taken to remedy any defects or injustices identified in the course of its implementation.

Queen’s Speech

Lord Dholakia Excerpts
Monday 21st October 2019

(4 years, 6 months ago)

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Lord Dholakia Portrait Lord Dholakia (LD)
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My Lords, I am delighted to respond to Her Majesty’s gracious Speech. Almost all the major Bills announced have been trailed from the time Boris Johnson became Prime Minister. I have no doubt that this announcement, disguised as the gracious Speech, will form the Conservative manifesto at the next election.

The Speech contains announcements which I welcome: for example, on bringing forward legislation on domestic violence and improving the treatment of victims of crime by the criminal justice system. Regrettably, however, these sensible measures have been overshadowed by the Government’s determination to project a macho, harsh image towards criminals by yet again increasing the severity of sentencing.

The problems in our prisons are well known and they have been debated many times in this House. This country has the highest rate of imprisonment in western Europe. There are 139 prisoners per 100,000 population in England and Wales, and 150 per 100,000 population in Scotland, compared with 104 per 100,000 in France and 77 in Germany. The severity of our sentencing has greatly increased. Last year, the average sentence for an indictable offence was 58 months—or just under five years. This is more than two years longer than the average sentence 12 years previously in 2006, when it was just under three years.

As a direct result of our high use of imprisonment, the state of many of our prisons is a national disgrace. In his annual report for 2018-19, the Chief Inspector of Prisons said that,

“far too many of our jails have been plagued by drugs, violence, appalling living conditions and a lack of access to meaningful rehabilitative activity”.

Prisoners and staff now feel less safe than they have at any point since records began. The number of deaths in prison has almost doubled in the past decade. Rates of self-harm by prisoners are the highest ever recorded. Assaults in prisons are also at the highest level ever recorded. The number of recorded sexual assaults in prison has quadrupled since 2012. Assaults on staff have tripled in the past five years.

Yet the Government now propose sentencing changes which will send even more people into already overcrowded and struggling prisons. They propose to increase the proportion of sentences to be served by violent and sexual offenders before they are released on licence from one half to two-thirds of their sentence. When those prisoners are released, the length of time for which they will then be supervised on licence will be less than it is now, despite the strong evidence that such supervision greatly reduces the likelihood of further offending.

It is perfectly obvious that the motivation behind that is to enable the Government to adopt a tough-looking stance in a forthcoming general election. When judges conclude that an offender is dangerous, they already have the power to pass an extended sentence. When they do so, the offender serves two-thirds of their sentence in custody, followed by an extended period of supervision in the community, so it is difficult to see what benefits the new proposals will have for public safety. The Government also propose to increase the minimum periods which life sentence prisoners must serve by changing the way in which tariffs are calculated and increasing the number of offences for which prisoners receive whole life tariffs.

These changes also do nothing to increase the safety of the public. Life sentence prisoners who have served their minimum term are released only after a careful review of their case by the Parole Board, which must be satisfied that their risk is minimal before they can be released on licence. The proportion of offenders released on parole who commit a further serious offence is less than 1%, so it is difficult to resist the conclusion that the changes are simply a grandstanding gesture. The result of that grandstanding will be felt on every landing in every prison in this country. It will be felt by prisoners and by hard-pressed prison staff, who are struggling to cope in an overstretched and underresourced prison system. What is the Government’s estimate of the increase in the prison population which will result from their proposals on sentencing?

These changes will do little, if anything, to reduce crime. International surveys, including a thorough international survey by our National Audit Office in 2012, have shown that there is no connection between the level of imprisonment in a country and its crime rate. Rates of crime depend on a wide range of factors in society, including rates of employment, the extent of drug and alcohol misuse, levels of family breakdown, income inequality, mental health provision and the way in which a society supports its most vulnerable and marginalised members. In comparison with those factors, sentencing has only a marginal effect.

The best way to combat crime would be a strategy to reduce the use of prison, increase the use of community sentences, which are less expensive and more effective, and increase the resources devoted to social measures which can prevent or reduce crime. It is regrettable that the Government have abandoned sensible proposals floated by previous Secretaries of State for Justice which could have offset some of the damage which will result from the new sentencing proposals.

Until recently, the Government were canvassing the idea of introducing a presumption against short sentences.

Baroness Bloomfield of Hinton Waldrist Portrait Baroness Bloomfield of Hinton Waldrist (Con)
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I remind the noble Lord of the advisory speaking time. Perhaps he could draw his comments to a close.

Lord Dholakia Portrait Lord Dholakia
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I shall do that. It is an advisory limit, but I shall conclude now.

Short sentences are the most ineffective of all types of custodial sentences. They have the highest reconviction rates. They are not long enough for any serious attempt at rehabilitation, but they can result in offenders losing jobs, accommodation and family life.

Looking at the rehabilitation of offenders would do more to protect the public than headline-grabbing announcements designed to help win a general election rather than fight crime.

Feltham Young Offender Institution

Lord Dholakia Excerpts
Wednesday 24th July 2019

(4 years, 9 months ago)

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Lord Keen of Elie Portrait Lord Keen of Elie
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My Lords, I am grateful for the noble Lord’s observations. We have developed a clear process to respond to urgent notification letters. Senior officials, led by the executive director of the Youth Custody Service, will be directly involved in the work to ensure that immediate action is taken, along with a more in-depth plan to ensure that we see sustained improvement to the establishment in the long term. Of course, as part of the process, the department will publicly respond to the chief executive within 28 days.

Lord Dholakia Portrait Lord Dholakia (LD)
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My Lords, I listened very carefully to the Minister. He said that steps were being taken to curtail new entrants to Feltham A. Is he aware that many of the people in Feltham A have family in the community who are seriously concerned about what is happening to those individuals? What method is being used to inform the near-enough families of the people in Feltham about what is going on? Has the Minister any plans to disclose for a proper way of establishing control and discipline, so that a proper programme of rehabilitation, education and training can take place?

Lord Keen of Elie Portrait Lord Keen of Elie
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My Lords, education, training and rehabilitation are all critical elements of youth custody. To succeed, they require motivation. When motivation is lacking, it becomes extremely difficult to implement what is required.

We seek to improve the situation at Feltham A, in particular. The staff to prisoner ratio in Feltham A, and across all the youth capacity, is normally one to 12, based on full occupancy. The decision to reduce the operational capacity at Feltham A has meant that that ratio has been improved to one to eight.

As regards communications, families are able to keep in regular contact with inmates in the youth custody regime, and I do not understand that there have been any particular difficulties reported on that front at present.

Serco

Lord Dholakia Excerpts
Thursday 4th July 2019

(4 years, 9 months ago)

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Lord Keen of Elie Portrait Lord Keen of Elie
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My Lords, the noble Lord refers to an infatuation of this Government. I remind him that the contracts with which we are concerned go back to 2004, at a time when, at least as I recollect, there was a Government of a different complexion. It was that Government who let these contracts to Serco in 2004 and for many years thereafter.

The resolution of the matter between the Ministry of Justice and Serco took place in 2013-14, when there was a financial settlement of £68.5 million. As to why it took six years for the criminal matter to be concluded by DPA, that is of course a matter for the SFO, to which we lent all our assistance during the course of this very complex inquiry.

Lord Dholakia Portrait Lord Dholakia (LD)
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My Lords, could the Minister confirm that this is not the first time that allegations of this nature have been made against Serco and G4S? Is he aware that it is alleged that they were charging the Government for electronically tagging and monitoring people who were either dead, in jail or had left the country? Could he confirm whether any further contracts are being offered to Serco and whether it is a fit and proper organisation to undertake these tasks? Why have no criminal charges so far been brought against this organisation?

Lord Keen of Elie Portrait Lord Keen of Elie
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My Lords, I will not comment upon suggested other allegations. There has been a thorough investigation by the Serious Fraud Office with regard to events between 2004 and 2014, and that has resulted in the deferred prosecution agreement, as indicated earlier. We are content that Serco, having carried out a thorough and extensive exercise in cleaning out those involved in this matter, is in a position to accept further contracts from the Government going forward, subject to the same rules and regulations that apply to other third parties. Therefore, it will continue to do so. I make no comment on G4S. It may be the subject of continuing inquiries, and it is not appropriate for me to say any more.

Probation: Voluntary Sector

Lord Dholakia Excerpts
Wednesday 5th June 2019

(4 years, 10 months ago)

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Lord Keen of Elie Portrait Lord Keen of Elie
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My Lords, commissioning of interventions for each area will be driven by a regional probation director, who will have a special responsibility to make use of locally available services and to adapt provision to match local need. In addition, we intend to remove some of the barriers that have been in place for smaller voluntary organisations, such as the requirement to provide parent company guarantees, which these voluntary organisations could not meet.

Lord Dholakia Portrait Lord Dholakia (LD)
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My Lords, the National Probation Service has more than a quarter of a million people under supervision at any given time. A lack of resources and Chris Grayling’s reforms have not helped, as was clearly demonstrated by the National Audit Office. We welcomed the setting up of the National Probation Service, but we now have another problem about the extent of its workload. Is it not time to set up a thematic review to examine whether present resources are adequate to meet the implementation objectives of both the Prison Service and the National Probation Service? How do we involve the voluntary organisations in this critical exercise?

Lord Keen of Elie Portrait Lord Keen of Elie
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My Lords, there is a determination to ensure that the voluntary sector is fully engaged in the future delivery of probation services. Indeed, although there are only 94 voluntary community or social enterprises delivering services in the current CRC supply chain, we know that there are many hundreds of such organisations that are either signposted by the present system or are available to be used, and we intend to go to them in so far as we can. As regards the future organisation of those services, we are in the process of gathering data on all staff across the probation system to inform our workforce planning for this new model.

Probation Reform

Lord Dholakia Excerpts
Thursday 16th May 2019

(4 years, 11 months ago)

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Baroness Chakrabarti Portrait Baroness Chakrabarti (Lab)
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My Lords, I am incredibly grateful to the Minister for repeating the Statement. This is a welcome U-turn on a disastrous probation policy—but what a mess, what an absolute mess. I feel the need to probe the underlying thinking a little further to ensure that lessons are truly being learned in the Government. Those of us on these Benches have real constitutional concerns, and concerns about accountability for public safety in relation to privatising the criminal justice system.

Today’s U-turn, a necessary first step to cleaning up the probation mess, comes only after hundreds of millions of pounds have been squandered propping up failing private companies, and public safety has been put directly at risk as a result. So I must probe the Minister on the thinking for the future and the proportion of these funds that are to be preferred towards private companies as opposed to voluntary bodies and social enterprises. This is crucial to understanding whether failing outsourcing giants, such as G4S and Sodexo, are going to be offered a way back into the probation system.

Lord Dholakia Portrait Lord Dholakia (LD)
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My Lords, I thank the Minister for repeating the Statement. All of us think that it has been a long time coming and it is right that we should broadly welcome the thrust of the Government’s intention to reorganise this service.

I take our share of the blame as part of the coalition Government, during which we supported some of the reforms of the National Probation Service in 2014. Some of the principles of these reforms were very sound when they were introduced. It was right that supervision was available for at least the first year when inmates leave prison. It was important to provide through-the-gate services, so that people can have a place to live as well as continuity of training and treatment between prison and the community. To do all this, it was vital that voluntary organisations working in the criminal justice field were fully involved.

Mr Grayling has bungled and underfunded contracts so badly that his reforms failed to achieve these objectives. No wonder it is estimated that these botched reforms have cost the taxpayer more than £500 million, according to the National Audit Office. He is the most unfortunate Minister whose record is dismal, and it is a surprise that he has lasted so long, even at the Department for Transport at this stage.

We need some guarantees to ensure that the probation service is not let down again. Who is examining the existing case load of probation officers? What further resources are available to make them more effective? Is there any way of tying probation resources to the rise in the number of prisoners in our establishments? Is there some way of ensuring that more incarceration of prisoners will effectively mean more work for the probation service? A good many well-trained but disillusioned probation officers have left the service in the last few years. What is being done to bring them back into probation work?

The Minister has just announced a new targeted innovation fund. What share will voluntary organisations have in such funds in order to make the probation service more effective? The new targeted innovation fund ought to make sure that such organisations are not locked out. Of course reforms are necessary, but we should never lose sight of the fact that when the state incarcerates prisoners, it takes full responsibility for each individual. We would do well, in very difficult times, to say to ourselves that if we lose that responsibility we will lose control of our criminal justice system.

Lord Keen of Elie Portrait Lord Keen of Elie
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My Lords, I thank the noble Lords for their contributions. I do not accept the characterisation of these matters advanced by the noble Baroness, Lady Chakrabarti. Indeed, as I have often observed in the past, the gross overstatement of an argument simply diminishes it in the ears of hearers.

The position is that we have learned lessons over the past few years from the way in which probation was set up and carried through, as between the National Probation Service and the CRCs. Indeed, one of the difficulties that emerged arose not out of money being used to prop up CRCs, or money being taken from the taxpayer for the benefit of CRCs, but because the Government were actually too successful in negotiating the commercial terms of the CRC contracts, with the result that the CRCs made persistent losses on these contracts of such magnitude that they began to withdraw from the quality of service they should have provided in the first place. That created very real difficulties, and we accept that. We actually had to go to the CRCs and try to renegotiate in order to keep them on a reasonable path of provision.

One consequence of that has been that, for example, CRCs have paid out more than £9 million in respect of what are called service credits—which are, for them, service debits; they are credits to the taxpayer but debits to the shareholders of these companies—because of their failure to reach performance targets. So we responded to the very real difficulties that emerged in that context.

We are now developing a system whereby we will have the probation service on a regional basis. These regions will be coterminous with the PCCs, in the hope that, going forward, there will be greater linkage between the PCCs and the probation service. We will have a director-general of probation, which I think accords with a recommendation that has just been made in the interim report issued today by the noble Lord, Lord Ramsbotham, who was commissioned by the noble Baroness’s honourable friend, who I believe continues to be the shadow Secretary of State for Justice, Richard Burgon MP, who asked the noble Lord to look at this.

On the question of U-turning on nationalisation, I will quote from the interim report of the noble Lord, Lord Ramsbotham. He says:

“There is no doubt that the private sector has brought rigour to the oversight of probation. The best of them explained how they had introduced a forward-looking culture of delivering more with less, which must have relevance for the future, plus a better understanding of the relationship between cost and delivery”.


We are seeking to build on those benefits, appreciating that there were also deficits in the way in which CRCs delivered at the end of the day.

To take up the particular point raised by the noble Lord, Lord Dholakia, we are concerned to ensure that the voluntary sector has access to these contracts going forward. Indeed, one of the difficulties that emerged with CRCs was that, as they fell into greater financial difficulty, they drew back from their engagement with the voluntary sector and we therefore lost the immense benefit of that sector’s involvement in the probation service.

Taking this forward, we hope to re-establish clear, unambiguous faith in—for example—non-custodial sentences so that the courts can have more confidence in putting those forward and thereby, touching again on a point made by the noble Lord, relieve pressure on the prison system itself by virtue of an improved probation service.

Justice: Women’s Centres

Lord Dholakia Excerpts
Wednesday 12th September 2018

(5 years, 7 months ago)

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Lord Dholakia Portrait Lord Dholakia (LD)
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My Lords, let me thank the right reverend Prelate the Bishop of Gloucester for securing this debate. I add my congratulations to the noble Baroness, Lady Sater, for her excellent maiden contribution.

We are told that at any one time, there are around 4,000 women in prison, but we are not told that the number of women in prison has doubled since 1993. Most of these women are not serious offenders. The available statistics are very frightening: more than half received short sentences of six months or less; more than one third had no previous convictions; a substantial number are in prison for non-violent offences; and around a quarter of the women imprisoned each year are jailed for shoplifting.

Women in prison typically have a wide range of serious welfare problems. Imprisoned women are five times more likely to have a mental health problem than women in the general population, with 78% showing signs of psychological disturbance when they enter prison. I have checked the latest available figures, which are seriously concerning: 75% of women in prison used illegal drugs in the sixth months before imprisonment; 58% used drugs every day during those six months; 37% previously attempted suicide; over half have suffered domestic violence; and one in three has experienced sexual abuse.

The incidence and, to a lesser extent, the nature of crime may vary from place to place and from generation to generation, but crime is something with which all societies have to come to terms in their own way. The underlying causes of crime and the effectiveness of punishment and treatments will continue to be debated. We now have ample evidence that overreliance on prison as a way of dealing with offenders has not helped. Priority must be given to crime prevention in its broadest sense and to schemes for diverting as many young offenders as possible from the criminal justice system. There is nothing soft about this sort of approach: it is an entirely realistic appraisal of the strictly limited contribution that courts and prisons can make to reducing crime. Equally, we as a society should be aiming to send fewer people to prison.

I was delighted by the contribution of the noble Baroness, Lady Corston. There was a strong message in her review about vulnerable women in the criminal justice system:

“Community solutions for non-violent women offenders should be the norm … There must be a strong consistent message right from the top of government, with full reasons given, in support of its stated policy that prison is not the right place for women offenders who pose no risk to the public”.


We should endorse this principle, backed by many Court of Appeal judgments that the courts should send to prison only those whose offending makes any other course unacceptable, and that those who are sent to prison should not stay there any longer than is strictly necessary.

In last week’s debate on rehabilitation, secured by the noble Lord, Lord Bird, we were clear that one of the prime concerns of prison was to prepare inmates for their eventual release. Prisons have a poor record on reducing reoffending. Nearly half of adults are reconvicted within one year of release. The record for women is not inspiring: 48% are reconvicted within one year of leaving prison. Short prison sentences, as almost every speaker has said, are less effective in reducing reoffending than community sentences.

Public confidence is shaped by the quality of service that our prisons can provide. Recent reports on our prisons are a matter of serious concern. Locking up inmates for a long time daily is unlikely to build the confidence that is needed to achieve effective rehabilitation.

The number of prisoners in our institutions and the lack of resources required to maintain decent standards calls for a strategy to look at alternatives to the slogan, “prison works”. It does not. The Government’s commitment to seeking community solutions for most women offenders is welcome. However, the limited resources allocated to support women’s centres and the lack of a timetable to drive progress remain matters of serious concern.

Establishing a network of women’s community projects with adequate funding from the Ministry of Justice is a way forward. These projects are run by voluntary organisations in partnership with the probation service. They operate as one-stop-shop centres, providing a range of services, and have proved highly effective in keeping women out of custody while providing the support and help they need to avoid reoffending.

Many women have been referred to the projects since they were established. The analysis of the help provided is there for all to see. Many needed help such as counselling, and with behavioural needs. Help is provided on health, accommodation, employment and training, finance and debts, drugs and alcohol, and children and family issues. A good proportion needed support in connection with experiences of abuse, rape and domestic violence. I hope no obstacles will be placed in the way of this work being carried out.

One of the Government’s successes has been the establishment of the Youth Justice Board. I am delighted that my colleague, the noble Lord, Lord McNally, was once its chairman. The noble Lord, Lord Ramsbotham, has advocated a similar arrangement for a women’s justice board. We were told that the reason why we do not have a separate framework in law for women is that we have a different structure for them.

Will the Minister look at this matter again to see whether such a board can be established? This would not marginalise women in the criminal justice system, but rather mainstream their provision and ensure that under the national offender management structure, ample priority is given to service provision for, and management of, women offenders.