Criminal Justice Act 2003 (Removal of Prisoners for Deportation) Order 2023

Debate between Lord Dholakia and Lord Bellamy

Thursday 26th October 2023 Lords Chamber

[The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Bellamy) (Con)]

My Lords, I first thank my noble friend Lord Hunt of Wirral and the Secondary Legislation Scrutiny Committee and their staff for the expedited consideration of this draft instrument and for their report. I apologise that the Explanatory Memorandum which accompanied the order was not as full as the committee considered appropriate. I hope to deal with the points raised very briefly in a moment.

On 17 October last, I repeated the Statement made by my right honourable friend the Lord Chancellor about several measures to reduce pressure on the prison estate, including a presumption against shorter sentences. Today’s instrument deals with one of those measures relating to foreign national offenders. At present, foreign national offenders can be deported no earlier than 12 months before the end of their minimum custodial period under the early release scheme, or ERS. This order increases that period from 12 months to 18 months. All such prisoners must however serve a minimum of half their sentence. We have around 10,000 foreign national offenders in prison at the moment, but over 3,000 of those are on remand. That leaves around 6,500, and this order brings within scope of the early release scheme a further 300 annually. That was the figure that was missing from the Explanatory Memorandum, and indeed the noble Lord, Lord Ponsonby, asked me that very question in the debate following my Statement.

Therefore, we have an additional 300 prisoners within scope. That may not seem a very large number, but as the Secondary Legislation Scrutiny Committee points out, in circumstances where available prison capacity is very tight and often less than 1,000 free spaces, that is a non-negligible contribution to the problem. However, it is quite difficult to say how quickly and in what number prisoners will be deported, because that depends on consideration of individual cases, on Home Office caseworker capacity—hence the need to consult the Home Office when asked the question—and on the number of appeals. None the less, it is an important contribution.

Clearly, as the scrutiny committee points out, a measure of this kind involves making a series of balances between the possible effects on victims and the possible effect on deterrence, as against the severe constraints on prison capacity and the cost to the taxpayer of holding those prisoners. These matters are weighed very carefully by the Government. It is the Government’s duty to reach conclusions on such matters and, as part of the wider policy, this instrument strikes the appropriate balance. Therefore, I beg to move.

[Lord Dholakia (LD)]

My Lords, I am delighted to contribute to the debate on this order. Over the years, many of us have contributed to debates about the rise in our prison population and its adverse impact on the objectives of our prison service. We are told that the removal of foreign national offenders is now a government priority and that they are therefore expanding the early removal scheme. This would have been acceptable if the excuse of overcrowding were not used as the promotion of the policy.

Overcrowding has been in the headlines for many years, and successive Ministers in the Ministry of Justice have identified different solutions to the problem. They have claimed that 20,000 new prison spaces are being built, with the newest jail set to open in the spring.

We have argued, as has the Justice Secretary, that short sentences are not an appropriate punishment because those sentenced do not get the chance to reform themselves. Reliance on community sentences would be more appropriate for lower levels of crimes.

When the state sentences someone to a custodial option, it assumes full responsibility for that individual. How are we discharging those obligations?

Once removed from our prisons, individuals will not be subject to further imprisonment and are free individuals once back in their own country, but the reverse is also true: they will not be allowed to legally return here and will be liable to serve the rest of their sentences.

These measures are a piecemeal approach to penal reform and do not look at the real sources of prison overcrowding, which has ratcheted up our sentencing system. We have failed to address adequately the backlog of outstanding cases in our courts. Despite abolishing IPP sentences, the problem remains.

We welcome the intention against short-term sentences, but reconviction rates are still very high. My noble friend Lord Marks has already stated the need to concentrate on rehabilitation and greater use of community and suspended sentences. Remand in custody is still very high. The former Justice Secretary, David Gauke, has said:

“We are within weeks or days of no longer having any prison spaces.”


I tend to agree with him.

Prison Capacity

Debate between Lord Dholakia and Lord Bellamy

Tuesday 17th October 2023 Lords Chamber

[Lord Dholakia (LD)]

My Lords, the Minister rightly draws attention to the remand prisoner population, which is considerably high in this country. Has he looked at the international dimension and asked himself the simple question: why is it possible for countries such as Germany to regulate their remand population while we are looking at sky-high figures? First, does he agree that less use of remand in prison would have a tremendous impact on our prison population? Surely the courts should send to prison only those whose offending makes any other course unacceptable. Secondly, those who are sent to prison should not stay there any longer than necessary.

[Lord Bellamy (Con)]

I am not in a position to draw any comparison with Germany or any other country. However, I am bound to say that we need to learn as much as we can from the experience of other countries, so I take the noble Lord’s point on that. I fully agree that no one should be in prison for a moment longer than they need to be.

Prison Capacity

Debate between Lord Dholakia and Lord Bellamy

Tuesday 6th December 2022 Lords Chamber

[Lord Dholakia (LD)]

Community service orders are far more effective than short-term sentences. As a large number of cases go through magistrates’ courts, are we making effective use of such sentences? If not, why not?

[Lord Bellamy (Con)]

As I think I said earlier, I am sure that a court would always prefer to impose a community sentence if it can.