Home Detention Curfew and Requisite and Minimum Custodial Periods (Amendment) Order 2024
Lord Marks of Henley-on-Thames Excerpts(2 weeks ago)
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Baroness Newlove (Con)
My Lords, both as Victims’ Commissioner and a victim going through the criminal justice system, I was horrified to read the NAO report published week which assessed government plans to expand the prison population. The report told us that on current forecasts the population would exceed prison capacity by 12,400 by the end of 2027. It is impossible to see how this can be absorbed by any building programme, let alone one that can be completed in just three years. It leaves the Government in an impossible position of having to explore all alternatives and it is against this backdrop that we find ourselves here today.
I am told that the home detention curfew scheme is hugely effective. Other than in the context of reducing the prison population, I am not sure how this statement can be made. As far as I am aware, there has been no recent evaluation of the scheme, but I would be interested to hear on this point from the Minister. Prison governors are responsible for selecting offenders who are suitable for the scheme. It is to their credit that compliance levels are relatively high. However, can we really be confident that current compliance levels will remain if the scheme is, in effect, doubled in length? Again, I would be interested to hear the Minister’s view.
It will come as no surprise when I say I come to this debate from the perspective of the victim. As I have said before, most victims seek justice, not vengeance. On hearing a sentence being delivered, the victims expect the sentence handed down to be served in full. This is not unreasonable; surely it is what we mean by justice. Victims listen to the remand time that has been deducted from the sentence; they know that part of the sentence will be served on licence, but they struggle to accept a prison sentence being reduced—by up to 12 months—through one or other early release scheme simply to reduce prison population pressures.
I fear that retrospective pruning of sentences by all successive Governments over the years has had a corrosive effect on public confidence in our justice system. How can you trust a justice system if all Governments keep moving the goal posts? It also adds an extra layer of complexity on sentencing and, heaven knows, sentencing is already complicated in the first place.
I make a plea to this Government and future Governments: let this be the very last time we have to extend an early release scheme to bail us out of another prison crisis. We need a sustainable sentencing regime where the sentence handed down is the same as that victims hear and the same as that the offender will serve, and we need a prison system that has the resilience and the means to meet the challenge.
Lord Marks of Henley-on-Thames (LD)
My Lords, we support the principle of this order and I thank the noble Lord, Lord Ponsonby, for his helpful introduction and explanation of it. He acknowledged, indeed asserted, that the background to the measure is the capacity crisis of which we have spoken over a number of years under the previous Government. This order is, in essence, the amendment of an emergency measure taken in the face of extreme pressure on the Government as the space in prisons simply ran out.
We recognise the need to extend the time, in the face of the continuing crisis, that may be spent on home detention curfew or HDC. It is significant that the reoffending rates among HDC prisoners are lower than those among the prison population at large on release. We also recognise that, for the technical reasons that the noble Lord has outlined, there need to be changes to the range of offences where eligibility for release under SDS40 is established.
As prisoner numbers have risen, with longer sentences resulting from sentence inflation, from legislation introducing longer sentences and legislation imposing longer periods which have to be served in custody as a proportion of the whole sentence, we have to look at how we deal with this crisis in the future.
While we support the principle of this order and the orders that have preceded it, I will ask the Minister for assurances in two specific areas before making a number of general points. First, it is an essential part of the early release scheme that offenders be tagged and that, when tagged, they are properly monitored within the community. Many were alarmed by the number of reports at the beginning of this scheme of offenders being released without tags. The noble Lord, Lord Timpson, described that as “completely unacceptable”, and we agree. It would be helpful to hear from the Minister details of steps the Government have taken to ensure that nothing like that can happen again. It would also be helpful to hear further details of how well the steps taken to monitor prisoners who are tagged on release are working in practice.
Judicial Pensions (Amendment) Regulations 2024
Lord Marks of Henley-on-Thames Excerpts(1 month, 1 week ago)
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Lord Marks of Henley-on-Thames (LD)
My Lords, first, I congratulate the noble Lord on his concise and detailed opening on a complicated set of regulations. I note that the regulations were introduced by the last Government and have hardly undergone any significant change since their introduction, so it is unsurprising that they are likely to be relatively uncontroversial. There will certainly be no opposition from the Liberal Democrats to these proposals.
The most significant of what are largely tidying-up amendments are those that bring into line with other fee-paid judges a number of tribunal judges and chairs. That is completely in line with the view that we all take—that tribunal judges and chairs are a very important part of the working judiciary and that the tribunal system does the whole work extremely well. It is right that the pension arrangements for paid judges should be aligned.
The other significant point is that the pension arrangements for part-time service in the light of the O’Brien judgment are now going to be tidied up so that some of the anomalies that arose from that judgment have been eliminated, so far as they can be, although it is a difficult area—and I appreciate that the regulations have to reflect that difficulty.
I noted from the Explanatory Memorandum and the Minister’s opening that there was a consultation, which attracted no fewer than six responses, none of them critical—and, I take it, all of them raising questions that have been satisfactorily answered. In view of that, I have no further questions for the Minister on this SI.
Lord Wolfson of Tredegar (Con)
I am not sure whether I need to declare a formal interest, as my wife sits as a fee-paid tribunal judge but, for the avoidance of any doubt, I do. I suspect that the impact of this regulation on her will be de minimis and no doubt happen in many years’ time.
That said, I can be brief because the Minister has been so comprehensive. As we heard from the noble Lord, Lord Marks of Henley-on-Thames, these regulations emanate from the previous Government; this is not an area where, historically, there has been political controversy. Indeed, as the Minister said, we debated similar regulations when our roles were reversed. I echo his comment to me that this is probably not the last time we will come back to debate and discuss these pension regulations, because they are complex. Part of the reason for that is the history and the litigation that has arisen, but the one thing we share around the Committee is the importance of having an attractive pension scheme so that we attract the finest candidates to our judiciary—and retain them. Indeed, one of the things we did in the previous Government was to increase the retirement age to 75. The Minister referred to our outstanding and independent judiciary, and we absolutely endorse those two adjectives; it is outstanding, and it is totally independent.
I also endorse the point made by the noble Lord, Lord Marks of Henley-on-Thames: the fact that we are widening some of these pension schemes to include more tribunal judges is testament to the fact that so much of the important work of our judiciary is done by tribunal judges, both full-time and part-time—I think fee-paid is the proper term. Day in, day out, tribunals up and down the country deal with really important issues for people on the ground, so to speak. They are often unsung, and far from the legal journals and law reports, but they deal with important legal issues on a daily basis.
I have only one question for the Minister, which I ask as a matter of interest rather than in any controversial way. I note that, by these regulations, we are extending the time to enable judges to make choices between the pre-1995 and post-1995 schemes. I am interested in why we are extending time for that and why this particular period of extension has been chosen.
Other than that, I am tempted—as I think they are still debating the Budget in the Chamber—to point out that, although it is important to have attractive and gold-plated pensions in the public sector, that does not mean that we should raid private pensions in the private sector. If I say any more on that I will take this debate to places where it ought not to go, so I will stop there and make it unequivocally clear that we on these Benches are also firmly in favour of these regulations. I thank the Minister for introducing and explaining them so clearly.
Prison Capacity
Lord Marks of Henley-on-Thames Excerpts(5 months ago)
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Lord Stewart of Dirleton (Con)
My Lords, I welcome the noble Lord, Lord Timpson of Manley, to his place on the Front Bench. Repeating a Statement has always struck me as one of the odder things that one has to do from the Front Bench, and I congratulate him on having completed it. I also have a further degree of sympathy with him in his opening outing in your Lordships’ Chamber. When I gave my maiden speech, I had to speak half of it as a maiden speech and half of it on a Bill, prompting my noble and learned friend Lord Mackay of Clashfern to say, “I very much enjoyed half of the Minister’s speech”. However, I look forward to welcoming properly the noble Lord to his place on the occasion of his maiden speech, which he is shortly to deliver.
The strain on prison capacity has been a matter of anxious concern for Parliament for some time, and the matter was brought frequently before your Lordships’ House in the course of the last Parliament. This is an area of great complexity, in which the actions of the Government of the day must take into account considerations over which they have no control, and should never seek to have control—such as decisions taken by the independent judiciary on sentencing, carried out on a case-by-case basis, to arrive at a sentence apt for the individual circumstances of the case and the need at once to protect the public, to punish, to deter and to rehabilitate.
It also has to reflect the physical capacity of the prison estate to accommodate prisoners. There is an inevitable tension between the need to protect the public by imprisoning serious offenders and the need to have sufficient provision of prison accommodation and staff so that the crucial function of rehabilitation might be best accomplished. It is liable to be upset by sudden contingencies, such as the closure of HM Prison Dartmoor and the effect that had on the number of available places on the estate.
At all times, the previous Government sought to manage this difficult problem in a manner which addressed all concerns while reflecting their paramount concern: the safety of the public. That is why, during the pandemic, in circumstances wholly without precedent, the previous Government made the decision not to order a mass release of prisoners from our jails, as happened in other countries and as was pressed on us by public health experts and others. I acknowledge immediately that we were supported in that steadfastly by the then Opposition, who now sit on the Government Front Bench. Events demonstrated that that was the correct decision. During the pandemic, we maintained that vital safeguard of our liberties which we all enjoy: trial by jury.
However, all that added to the pressure on the prison estate: the numbers of those remanded pending trial or sentencing increased from around 9,000 to 16,500. The previous Government acted to allow longer sentences for the most serious crimes, conscious of the possible strain on prison places, and acted at all times to reflect the overriding necessity of protecting the law-abiding public and reflecting their concerns that punishment should properly reflect the gravity of the crime for which it is imposed.
The previous Government also acted responsibly and with foresight to address the capacity of the prison system in England and Wales. The biggest prison-building programme since the 19th century was commenced. During the last Government, more than 13,000 additional prison places were created, two new prisons were opened, a third is under construction at present, planning permission has been granted for two more and a decision is imminent on another. Some £30 million was allocated for the purchase of land on which prison construction could take place.
On probation, a detailed Statement was made to the other place and repeated in your Lordships’ House on 13 March. I repeat some of the details: additional funding for probation of £155 million; more than 4,000 trainee probation officers beginning their training; and probation practice redirected to areas which bring the best results in reducing reoffending, as well as public protection.
When the Lord Chancellor says that she will recruit at least 1,000 new trainee probation officers, is that in addition to those that we announced? Will the Government commit more funds to recruitment and training of probation officers? We do not see any acknowledgement of that in the Lord Chancellor’s Statement. She professes to find herself shocked by what she discovered on taking up office about the pressures on the system, but the figures on the prison population in England and Wales were not only widely publicly available during the last Parliament but matters of urgent debate here and in the other place. They can have come as a surprise to no one.
The previous Government left the new Government with no ticking time bomb, but the Lord Chancellor’s Statement prompts real concern for public safety. These Benches will watch what develops with anxious concern. In the Statement, she made a promise to be transparent in a way that she says the previous Government simply were not. In the spirit of that transparency, I pose certain questions.
Does the Minister agree with the position outlined from the Liberal Democrat Front Bench in the other place by Alistair Carmichael MP that prisons should be used less? It is a perfectly defensible position which is perfectly capable of being argued. We do not agree with it on these Benches, but do the Government? If they do, how do they intend to deal with violent crime, rapists, persistent offenders who have no fear of the system and the epidemic of benefit and financial fraud which the country is experiencing? Does the Minister agree that it is easier to speak about community alternatives to custody than to devise ones which are not expensive to operate and difficult to organise and command the support of the public and the judiciary?
We heard from the Lord Chancellor of the safety measures on which she relies in relation to this new measure of early release. I submit that she does nothing more than rehearse safeguards which already exist. She speaks of strict licensing conditions, electronic tagging and curfews where appropriate. These are familiar measures, deployed to support prisoners released on licence. They are measures of long standing. The Lord Chancellor announces a policy which will understandably create concerns for public safety and then, to allay concerns arising from that new policy, founds a series of safeguards that already exist. That is nothing new.
The Lord Chancellor offered specific reassurance on crimes of domestic violence in the debate that followed her Statement. Before too long, I hope that we will hear from her about the significance of other crimes, such as those relating to public order, the need to maintain our civic spaces and free thoroughfares and the need to protect our retail sector and those working in it from those who try to dictate to us what we should buy and from whom. We look forward to hearing from her on these matters.
I wonder whether the Lord Chancellor would agree with that great man of the left, George Orwell, about the harmful properties of stale, clichéd language and dead metaphor. Her Statement gives us “ticking time bomb”, “silver bullet”, “veil of secrecy”, “the guilty men” and much more tired language besides. Orwell’s point is that such language not only serves to disguise meaning or conceal the absence of content in a statement but has actively harmful effects on the reader by helping to deaden not only the capacity for clarity of expression but the capacity for clarity of thought. It is inevitable that we express ourselves in such a way in politics—and I certainly would not hold up my own contributions to this House as models—but the Lord Chancellor’s Statement was filled with cliché. Can we see clarity from the Government?
Lord Marks of Henley-on-Thames (LD)
My Lords, we too welcome the Minister to his new role, and we look forward to his official maiden speech later today with enthusiasm, not least because we have for a number of years on these Benches cited his ground- breaking commitment in his business and more generally to the rehabilitation of prisoners through training and employment.
However, to say we welcome this Statement would be inaccurate, because it reflects a complete failure of our prison system, but we recognise the emergency and, with it, the need for the measures announced in the Statement. We also endorse the Statement’s serious criticisms of the last Government’s performance; they allowed, encouraged and created the present prison capacity crisis. I disagree with the noble and learned Lord, Lord Stewart of Dirleton, for whom I have the greatest respect, as to the foresight, commitment and care of the last Government on this issue, which was sadly lacking.
On these Benches, and on the Labour Benches, we warned of this crisis during the last Parliament over and over again, but the Government carried on in the same old way, filling our prisons to bursting and failing to address the disastrous conditions within them.
The Government’s stated aim is that the 40% early release point should not stand in perpetuity and is to be reviewed in 18 months’ time. We agree with that and that this process will be a slow one, but progress is thoroughly necessary. A wholesale programme of prison reform is needed. We imprison far too many people in this country for far too long. We have seen significant sentence inflation over recent years, and it is no good just blaming the judges for passing longer sentences; government legislation on sentencing and later release dates has significantly increased prisoner numbers. We need more use of community sentences and that means more probation officers—we welcome the commitment in the Statement to an urgent recruitment programme. However, to echo the question from the noble and learned Lord, Lord Stewart, does that include a commitment to fully funding an increased overall number of probation officers?
Our prisons are desperately overcrowded; cells are packed to well over capacity; temporary prefab cells are used; repairs and maintenance are cancelled. Cells that should not be in service are brought back into use. Prisoners are shuffled around the prison estate at the expense of continuity of training and supervision. Understaffing remains acute, with insufficient officers to manage our prisons, even to get prisoners to where they need to be for education and training courses when they are available. Twenty-two hours daily in overcrowded cells has become the new commonplace within our prison system, which has led to mental health issues, serious violence and massive drug abuse. When will we introduce mandatory drugs checks for everyone entering prisons, staff as well as visitors? There is ample evidence that too many drugs enter prisons in the hands of members of staff who give their colleagues a bad name and seriously damage morale.
The prison building programme set out to provide 20,000 new places under the last Government, but, of those, some 4,000 already counted as present capacity. Only Millsike in Yorkshire, with just 1,500 places, is approaching completion next year. Grendon in Buckinghamshire now at least has planning permission for another 1,500 places, but in the other sites not a brick has been laid. Two prisons at Gartree and Chorley are still in the planning process, and two near Braintree have not even been decided on yet. The whole promised programme of the last Government involved double counting and smoke and mirrors. The new Government’s programme is welcome, and so is the caution and moderation with which the Statement stressed it—but it is crucial.
On any view, the last Government’s building programme could not possibly keep up with the projected rise in prison numbers—17,000 more places needed in three years on present trends. The only answer is to reverse those trends; reduce reoffending, emphasise reform and rehabilitation as the function of prisons and do all we can to reduce prison numbers. Does the Minister agree?
Lord Timpson (Lab)
My Lords, I start by thanking the noble and learned Lord, Lord Stewart, and the noble Lord, Lord Marks of Henley-on-Thames, for their questions. This is my first time in this House answering questions, so I apologise in advance should I not respect any of the customs and courtesies of the House by mistake. Having not even done my maiden speech yet, this feels to me like having a first ski lesson on a black run. I thank noble Lords for their patience and will do my best to answer all their questions.
The noble and learned Lord, Lord Stewart, raised a point on the sentencing review that we are planning. The sentencing framework has been allowed to develop piecemeal, over time. As a result, there have been inconsistencies that do not make sense to victims or the wider public. We will be launching a review of sentencing. While the terms of reference are not yet defined, this will look to ensure that the sentencing framework is consistent and clear to the public. More details of this review will be announced in due course.
On HMP Dartmoor, one of the first roles that I have had since taking on this job is focusing on prison capacity. It was unfortunate that I had a note from my officials regarding the temporary closure of HMP Dartmoor at a time when we really need capacity. At Dartmoor, safety is our number one priority. After close monitoring of the situation, it has been decided that the prison will temporarily close. I will update the House as the situation develops.
This Government are committed to a 10-year capacity strategy, and we recognise that we need to make sure that this country has the prison places that it needs. We will deliver where the previous Government failed, and we will never allow the planning process to get in the way of having the prisons we need.
Talking about the prisons we need, we need to build more prisons, because we need to keep the public safe, but one of the themes also raised is around reducing reoffending. I have been working on this for the last 22 years, finding ways to recruit people from prison to help them get a job, live a normal life and not reoffend. This is not a quick fix—it takes time—but recruiting 1,000 probation officers is a good start. These will be in addition to the probation staff we have now.
Only late last week, I went to the Camden and Islington probation delivery unit and met the team there, which was preparing to deal with the offenders who were being released in September and October. I was delighted at the commitment, focus and professionalism of this team, and I am confident that they will do their best in very difficult circumstances.
On training, I do not know about probation officers but, just before I came into this role, I completed a review for the Government on prison officer training. It was clear to me where the gaps were, and I am looking forward to working with colleagues in the months ahead to see what can be learned not just for prison officers but for probation officers.
On safeguards put in place for early release, the scheme currently in place is a very rushed and disorganised way of releasing people from prison, which puts extra pressure on probation officers to do all the work they need to do to identify victims, to find places to live, and to connect the offenders up with mental health and drug workers. The eight weeks that they now have to prepare for the releases will make this easier, but it is far from perfect.
The 40% early release scheme will be reviewed and, in 18 months’ time, the plan is for it to go back to 50%, but the noble Lord is right when he says that we need a wholesale programme of prison reform. Community sentences are vital, but we need to resolve the capacity crisis we have now, because our probation officers are overworked. The recruiting of 1,000 extra probation officers will help, but they also need time for the system to settle down.
Finally, I will mention training and education. Prisons are not places where we want people just to be locked up. We want them to have opportunities to turn their lives around. A lot of that is around training and learning skills, so that when they are released they can have a job and not go back. Some 80% of people who offend are reoffenders. It is hard to do this well in the current crisis, but I emphasise that I look forward to working with the noble and learned Lord and the noble Lord and having countless important debates. I stress to all noble Lords that I will write a letter, which might be quite a long one, on all the points I did not answer today.