Offender Rehabilitation Bill [HL]

Debate between Lord Woolf and Baroness Howe of Idlicote

Tuesday 25th June 2013 Lords Chamber

[Baroness Howe of Idlicote]

My Lords, despite that important announcement, I want to say a very few words in support of the amendments of the noble and learned Lord, Lord Woolf. When we are taking into consideration the special needs of women and the fact that they might have been subject to domestic violence and have all sorts of other problems that need special attention, we should also remember the damage that imprisonment is likely to do to their family and the potential damage to future generations of children, who are much more likely to offend. I did not intend to take up time; I just wanted to remind. The Minister might like to remember those points when addressing the points that he has told us he is going to address.

[Lord Woolf]

My Lords, in view of what the Minister has said, which I take as a very positive indication to the House and to me, I do not propose to press the amendment further at this stage.

Offender Rehabilitation Bill [HL]

Debate between Lord Woolf and Baroness Howe of Idlicote

Tuesday 11th June 2013 Lords Chamber

[Lord Woolf]

I have the advantage of moving this amendment with the support of the noble Baroness, Lady Howe, and the noble Lord, Lord Beecham. It deals with provision for female offenders, which is another area in which the criminal justice system has slowly—painfully so in this case—moved forward to recognising that female offenders have particular needs. The recognition of those needs, which are very great and cannot be disputed, is of the greatest importance if we are to achieve the purposes of the Bill with regard to avoiding reoffending.

There will always be a greater risk of females committing offences if their particular needs have not been taken into account. Of late, great strides have been made—I pay credit to the Government for this—in trying to give positive attention to this problem. There is now a Minister who has particular responsibilities here. Those in the criminal justice system who know her have great confidence in her, and I apprehend that what the amendment seeks to do is something the spirit of which both the department and the Government as a whole would support.

It is something that was considered very ably by the noble Baroness, Lady Corston, in her well known report dealing with female offenders, which has not been given sufficient attention until now. I hope that one result of the new approach indicated by the Offender Rehabilitation Bill will be to enable the Government to acknowledge the importance of that report and give effect to its provisions, as suggested in these clauses. They require that the Offender Management Act 2007 should be amended to require providers of probation services to make provision for the delivery of services for female offenders that take account of particular needs of women with regard to Section 3(2) and (5) of the 2007 Act.

It would be a huge encouragement to those who have been involved in trying to improve the facilities and arrangements for female offenders if this amendment were to be accepted. I hope the Minister will give it careful consideration in due course. The noble Lord, Lord Beecham, and, in particular, the noble Baroness, Lady Howe, drew attention to the importance of this at Second Reading. I mentioned the matter as well. I hope that enough has been said on this subject in recent times to enable the Minister to respond positively to these proposals. I beg to move.

[Baroness Howe of Idlicote]

My Lords, it is a great pleasure to support the noble and learned Lord Woolf’s amendment, which is an important one. The best thing about this whole Bill is the emphasis on keeping people out of prison if you possibly can, dealing with their problems and the rehabilitation required to get them back into society, where they can play a useful role. It is very much at the heart of what we are trying to achieve.

However, I have to say that we are all puzzled about why women and their special needs are not part of the original Bill. They have been rather brushed to one side. The document, Transforming Rehabilitation: A Strategy for Reform, notes that quite a high proportion of the consultees themselves specifically wanted the special needs of women to be delivered on. The more one thinks about it, the more surprising it is that women have been put to one side, at least for the moment, despite the fact that the strategy makes the point also made by the Prison Reform Trust, with all its expertise, that,

“the review of the women’s custodial estate … will also strengthen services for women released from prison”.

However, it does not go on to explain how that will be done.

I want to emphasise several points before I sit down. Although I accept entirely the point made by the noble Lord, Lord Marks, that carers come from both sexes, the vast majority of those caring for the children in a family and the heads of single-parent households are women. We know that many women prisoners themselves come from chaotic backgrounds and are likely to be have been abused in their own childhoods. As regards drug trafficking, quite a number of them—certainly the ones I have met in women’s prisons—have been used as mules for the purpose of transporting drugs at the request of their partners. All this shows that the one thing that must not happen, if it is humanly possible—of course there are exceptions where prison must play its part—is to send women to prison. It should be the last resort because it is the children who suffer. Often in such circumstances, the children have to be taken into care because the family home is broken up or the landlord can no longer accept the household.

I hope that we will be given an explanation of why specific attention has not been paid to women’s needs in this Bill. I know that we have been told that we will be given something later, but not taking these issues into account as the various plans unfold is something that I and others find puzzling and rather worrying. I shall give an example. A women’s prison is to be closed down because it is to be used to provide for the special needs of young offenders. That is fair enough, because those young offenders may well have special needs, but yet again one more place will no longer be available for women. No doubt it means that if they have to be sent to prison, they will be located even further away from their families.

I hope that all this will be taken into account and that we will be given an explanation of why women have been left to one side. I think that we need this more than anything else. I do not believe for a moment that the Government are thinking of women as second-class citizens, and yet that is very much the impression given by the fact that at this point, when we are looking at an important and valuable Bill, their needs are not being taken into account.

Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Lord Woolf and Baroness Howe of Idlicote

Wednesday 15th February 2012 Lords Chamber

[Lord Woolf]

My Lords, I hesitate to add to what has already been said. I hope that I do not impose upon my colleagues if I just say a very few words on this subject.

My experience is twofold. It comes first from being a practitioner and a judge, involved daily in the sentencing process for prisoners, and secondly, since I ceased to be a judge, from my involvement with the excellent bodies we have in this country trying to promote issues within the prison and justice system as a whole. In the former, my capacity is well known. I think it is also well known that I am the current chairman of the Prison Reform Trust. I am also the president of the Butler Trust. I know from my experiences that the Prison Service works hard to address problems. I have seen prison officers behaving in the most commendable way to try to alleviate the difficulties that they are faced with.

The fact is that, in all parts of the justice system, women prisoners need a separate voice, in exactly the same way as young offenders need a separate voice. I congratulate the Government on their decision to retain the Youth Justice Board. I am sure our justice system will continue to benefit from this. There is an opportunity now to add to what I will call that small victory with the establishment of the separate body to represent women which is part of this amendment. That, I believe, would be a substantial victory, because it would be creating something new which has been long needed, as we have heard. I hope that the message of this debate can be taken by the Government and acted upon.

[Baroness Howe of Idlicote]

My Lords, I want to add my very brief words in support of these two proposals. Indeed, I hope very much that the noble Baroness, Lady Gould, and my noble friend Lord Ramsbotham will get together and work out the best framework. A women’s justice board—I hope that that title will be retained—is without doubt something that has been called for, for a long time. Like the noble and learned Lord, Lord Woolf, I would like to say how pleased I am that the Youth Justice Board has been retained—very wisely, if I may say so.

It is clearly a fact that women need rather different treatment, which is increasingly being recognised. There is a parallel with the kind of treatment and systems for young people, because they are a special group. Women above all have care for their young, and it is crucial that we stop the business of separating children from their parents by the systems that we have within the criminal justice system. We have been told by the noble Baroness, Lady Gould, that it costs something like £15,000 to treat a woman within the community compared with £56,000 within the prison system. Far more important, even than that cost, is to keep the family together. One of the really good things that this Government are concentrating on, I am glad to say, is community sentences. It is with an increase of confidence in community sentences that we are likely to see these sorts of programmes for women really develop.

I also want to support my noble friend Lord Ramsbotham’s demand—and it must be a demand—for someone to be in charge. He has made this point again and again. Someone must be responsible for what is happening and reporting back to Parliament on the progress made. Programmes for treatment—not just for youngsters and/or women but for many people, whatever their age, within the criminal justice system—will emerge from this, and we can learn from the report back.

That is more than enough from me, but I support this hugely important initiative and hope that it will get off the ground as soon as possible.