King’s Speech

Lord Macdonald of River Glaven Excerpts

Wednesday 24th July 2024 Lords Chamber

[Lord Macdonald of River Glaven (CB)]

My Lords, I too warmly welcome the noble Lord, Lord Timpson, and I regard his appointment as Prisons Minister as one of the best decisions the new Prime Minister has made since he took office. I also welcome the noble Lord, Lord Hanson, who will be winding up this debate. I wish to address penal policy, and I declare an interest as president of the Howard League for Penal Reform.

After decades during which, if we are honest with ourselves, we have to concede that both the UK’s main political parties were occasionally prone to weaponising criminal justice for electoral gain, the chickens really have come home to roost. Successive Governments created new offences, raised sentences, reduced remission and increased tariffs, and the result has been an epic failure of public policy, filling our crumbling prisons to capacity and forcing the new Lord Chancellor to announce emergency measures on remission—just to keep the system from complete collapse, as she made clear. But this response buys just 18 months until the prisons are full again, so on its own it looks rather like the sort of sticking-plaster politics that the new Prime Minister decried so often in opposition.

It is a crisis that was foreseeable. As we know, Alex Chalk, the estimable former Secretary of State for Justice, who is a great loss to Parliament, warned the Prime Minister that this would happen, and it was left until after the election. But this is precisely how we got here. Headlines before delivery, a sporadic arms race in punitive rhetoric—these were political choices made over many years by Governments of all stripes, quite disconnected from the pragmatic delivery of justice. As everyone now sees, a particular low was the failure to increase prison capacity in the face of a rocketing prison population driven by deliberate public policy. A bit like operating a brewery without manufacturing bottles, for 30 years Governments have been drunkenly good at increasing the flow of inmates, but without creating sufficient new spaces to house them. A government spending review in 2020 promising an impressive 20,000 new prison cells by 2025 has brought us fewer than 4,000, with one year to go. They claimed the full number would be operational by 2030: did anyone really believe that?

There are two reasons why prison-building is unpopular with Governments. First, it is mind-bogglingly expensive: each new cell costs over £600,000 of capital expenditure. At this price, who would choose a prison over a school or a hospital? The second reason is that for the great majority of prisoners on short sentences—those who are not dangerous, and those who are addicts, mentally ill or just a nuisance—prison demonstrably does not work, and successive Governments have known it.

We do not just have the highest prison population in western Europe; we also have some of the worst recidivism rates. For adults released from sentences of less than two years, no less than 50% reoffend. We know from research that recidivism rates are lower for those on community punishments. Why should this be surprising? As a notably right-wing Conservative Home Secretary, Lord Waddington, said many years ago:

“Prison is an expensive way of making bad people worse”.


Bereft of proper facilities for education or rehabilitation, strained to breaking point by austerity and neglect, ludicrously portrayed by some media outlets as holiday camps, and warehousing some of the most damaged people in our society, British prisons should be a stain on our collective conscience. Many of the chief inspector’s reports should be a source of national shame. What a tragic farce, then, that in so many cases they do not even work.

Perhaps something is changing. The Prime Minister is a careful and strategic man. He will have been well aware of the history of the noble Lord, Lord Timpson, as a prison reformer, and from what we know of the Prime Minister’s attachment to planning and process, and we know quite a lot, it seems unlikely that he would have brought someone with the noble Lord’s views into government if he did not intend to give him some space to imagine a fresh penal policy, less focused on incarceration and more directed towards punishment and rehabilitation in the community.

As the noble Lord, Lord Timpson, has said in the past, only around a third of those presently in jail truly belong there: those who are dangerous, are a risk to the public and must be confined for reasons of public safety. Another third should be receiving therapeutic mental health and addiction interventions in the community, and the rest should be on proper rehabilitative community sentences.

This watershed in prison overcrowding is a shared responsibility, and it is important to note this. It will not do for the new Government to try to blame everything on their immediate predecessors. The truth is that the previous Labour Government were also culpable, frequently criticising judges, introducing the policy of imprisonment for public protection and driving up tariffs with no adequate prison building programme to house the inmates their punitive policies were creating. I am confident that under the new Prime Minister and his law officers, attacks on the judges and the Parole Board will cease, but if this new Labour Government do not understand and accept their own predecessors’ role in this debacle, they will hardly start from the right place in what must become a shared process of broad and deep reform and a real change in the way we think about crime and punishment in our country.