Police, Crime, Sentencing and Courts Bill

Baroness Burt of Solihull Excerpts

Lords Hansard - Part 1 & Committee stage
Monday 15th November 2021 Lords Chamber

I turn to my final point. To anyone, whether the Daily Mail, unthinking politicians or others in the “Lock them up and throw away the key” school of thought, I ask this question. Suppose that, today, an IPP prisoner with a tariff sentence of less than two years—his offending having been adjudged to deserve less than a two-year period of detention as punishment—is still in prison more than 10 years after that two-year sentence has expired. This June, there were 207 in that category—there are hugely more who have served 10 years beyond their slightly longer tariffs. Suppose that that prisoner cannot persuade the Parole Board that he would pose no risk of reoffending if released. I ask this doubting group: must he remain incarcerated? Is that fair? What if that position remains, five, 10 or 20 years down the line? Are we really going to continue to sanction lifelong internment in this country? Not in my name. I urge these amendments on the House.

[Baroness Burt of Solihull (LD)]

My Lords, I support all the amendments in this group, but, for the sake of brevity, I will specifically address Amendments 208B, 208G and 208H, which stand in my name. Like the noble Lord, Lord Blunkett, I add my thanks to all the organisations and charities that have helped us so assiduously and briefed us.

In January this year, a young woman on an indeterminate sentence wrote to me. I will call her Ella; I will not use her real name to preserve anonymity. I said that Ella was a young woman: she was 25 when she first went to prison in 2007. Her tariff expired in 2010, but 11 years past that date, she was still in prison. She was at the time she wrote waiting for a parole assessment in April, by which time she would be 39.

I wrote back to her and said that I was not willing to take up individual cases, but, having read her story, I would address the issue if suitable legislation came along. That is why I am here today. I am here for Ella and the more than 3,000 people still languishing in prison under the provisions of this law, despite the IPP sentence having been abolished nearly 10 years ago.

I wrote to her a few weeks ago to tell her that I was going to raise the matter of IPP sentences under the Bill, but I received no response, which was odd. Having contacted the authorities at HMP Bronzefield, I was told that Ella had been released, but recalled because she had

“failed to attend an Approved Premises at a specific date and time as directed.”

She was therefore back in prison awaiting another Parole Board hearing—a yo-yo process which happens to the majority of IPP prisoners.

To be released they have to jump through hoops, in the form of various training courses—when those courses become available—but if they do not show a sufficiently positive response, they are not deemed fit to be released anyway. It quite reminds me of something by Kafka, or perhaps Catch-22. When the Parole Board in its wisdom decides an IPP prisoner is fit for release, if they infringe their conditions, such as by failing to attend an approved premises at a specific time and date, they can be hauled back to prison to start the whole thing all over again.

Indeed, the situation for IPP prisoners is often much bleaker than for lifers. We heard from the noble and learned Lord, Lord Brown, about some of the statistics. The biggest group of IPP prisoners still incarcerated today received tariffs of only two to four years. Some 96% of IPP prisoners are still in prison, after their tariff has expired. Their rate of self-harm, as we have already heard, is double that of lifers. It is a form of modern-day torture, fuelled by a constant sense of anxiety, hopelessness and strong feelings of injustice and alienation from the state. You would feel like that too, wouldn’t you?

Even when they have been released on licence, there is a constant sword of Damocles hanging over their and their families’ heads—that some contravention might trigger a recall. Because of this constant threat they are fearful of asking for help with problems, and families often bear the brunt of shielding and protecting the ex-prisoner for fear of recall.

That, in a nutshell, is why we need a better system. This one certainly does not work. Through my Amendment 208B, I am trying to suggest ways in which we can start removing the Catch-22 element from inside prison. I am proposing a review to examine the quality, effectiveness and availability of offender behaviour programmes, progression programmes and other opportunities to demonstrate reducing risk to the public; the availability of welfare and mental health support to help redress the damage that the system and the constant powerlessness and uncertainty of being an IPP prisoner creates; and, if and when prisoners have been recalled, the support available to help them pick up the pieces while they face another interminable wait for a Parole Board hearing.

That brings me to the Parole Board. There are many who believe that parole boards are becoming more and more risk-averse, because they conflate the behaviour of some prisoners with the increasing deterioration they experience arising from the treatment they received in prison, not their likelihood of reoffending. Therefore, Amendment 208B describes several measures aimed at improving the parole system and providing better support in the community to facilitate a safer release.

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Moved by

[Baroness Burt of Solihull]

209: After Clause 124, insert the following new Clause—
“Maternity services in prisons
(1) The Secretary of State must provide appropriate midwifery care within the female prison estate.(2) “Appropriate midwifery care” means—(a) midwifery care that is appropriate to a custodial setting;(b) maternity services that are suitably resourced to provide—(i) an appropriately qualified midwifery lead in each prison to oversee all aspects of perinatal care;(ii) a maternity pathway for prisoners that includes a process for women who decline to engage with services;(iii) access for prisoners to psychological and psychiatric services;(iv) training for staff in trauma-informed care;(v) training for staff in neonatal and child resuscitation procedures; and(vi) appropriate emergency equipment for children and neonates.(3) The Secretary of State may provide guidance on how to respond to births in prison.”Member’s explanatory statement
This amendment builds on recommendations from the Prisons and Probation Ombudsman investigation into the death of Baby A at HMP Bronzefield to ensure there are appropriate maternity services in the female prison estate.

[Baroness Burt of Solihull (LD)]

My Lords, Amendment 209 seeks to reinforce the existing provision of maternity services for pregnant women and their babies in prison. Noble Lords who follow these matters will know that many women’s prisons have mother and baby units, but they are not equipped to facilitate childbirth, and the birth should always take place in hospital. However, around one in 10 does not: either the baby is delivered on the way to hospital or still inside the prison.

I have experience to bring to bear on childbirth in prison which I imagine no other Member of your Lordships’ House possesses. I have been, at least nominally, in charge of a prison when an inmate started labour. I was in my early 20s at the time, a new and highly inexperienced assistant governor at Holloway Prison on evening duty, so nominally in charge of the jail. The news that an inmate had started labour was received with glee by the officers, who delighted in telling me the good news and watching the expression of panic on my face. Fortunately for me, and the woman giving birth, these officers were highly experienced in handling these circumstances. An ambulance was summoned, and the mother-to-be was promptly sent off with an escorting officer to hospital. The outcome was a happy one.

More than 40 years later, pregnant women are still sent to prison, locked up with no agency to determine their fate, and the outcome is sometimes very different for the mother and the child. Now is not the time to delay your Lordships with an argument for not sending pregnant women to prison, much as I would like to, but it is important that provisions are watertight and that women and their innocent babies are kept as safe and well as possible because we know that things can go very wrong.

I turn to the scandal of Baby A who was born at HMP Bronzefield on 27 September 2019 and who died alone with her mother, not to be discovered until the following morning. The pathologist was unable to determine whether this baby died before or after birth. HMP Bronzefield has a mother and baby unit, but for some reason Ms A was deemed unsuitable for the unit, so she and her unborn baby were left to the mercy of the general prison staff, medical and general, who regarded her as difficult. I am sure that she undoubtedly was difficult. Going back to my time at Holloway, I remember being put in charge of what was then termed the Borstal unit. That was full of difficult young women who presented immense behavioural challenges to the staff and with whom they were very unpopular. It was not until I went into the backgrounds, upbringing and abuse that those young women had suffered that I began to understand what had contributed to that behaviour.

Forty years later, Ms A was one such vulnerable young woman. She was only 18 years old, but her young life was already beset with abuse and trouble. I know what a pain a young prisoner can be. I was in charge of a whole wing of them, and I get why Ms A was not Ms Popularity with the staff, but it was known that she was extremely vulnerable, mistrustful and terrified of having her baby taken away from her. The ultimate irony in the case of Ms A is that she had not been convicted of a criminal offence. She was on remand, and three days after she had suffered the trauma of giving birth alone in her cell and losing her baby, this vulnerable, traumatised young woman was released on bail.

I do not want to pile further agony on the staff at HMP Bronzefield specifically, but it is crystal clear that the service given to troubled pregnant women in prison is not fit for purpose, hence this amendment, which sets out the very least a pregnant woman should receive, whatever her circumstances. The amendment is based on the recommendations of the Prisons and Probation Ombudsman in its report and subsequent inquiry: an appropriately qualified midwifery lead in every woman’s prison; a maternity pathway to include prisoners who decline to engage with the maternity services available; making sure that prisoners have access to psychological and psychiatric services; training for staff to understand and deal with young women—and men, for that matter—who have experienced trauma which is contributing to their behaviour; appropriate training to deal with emergencies for neonates and children; and the physical tools to resuscitate them.

I acknowledge and welcome the work that is being done in the extensive review of care for pregnant women, which was published in September in the pregnancy, mother and baby units and maternal separation in women’s prisons policy framework. There are some helpful recommendations, including early contact and signposting to services, more extensive central reporting on women in MBUs including reasons for non-admission decisions and additional welfare checks. However, I still look forward to hearing what the Minister has to say about these recommendations in my amendment and how people such as Ms A and her lost baby will be better helped in future. I beg to move.

[Baroness Jones of Moulsecoomb (GP)]

I congratulate the noble Baroness, Lady Burt, on her extremely moving opening speech. I agree wholeheartedly that pregnant women should not be in prison. We have abysmal conditions in many jails and they are not the place for a pregnant woman. A pregnant woman might be difficult. I have been pregnant twice and I can guarantee that I had some difficult days—some people might argue that I am still having them. When women suffer in this way—and trans men who are having babies—there are lifelong repercussions, I hope for the Government as well as for the women and their babies.

The Howard League for Penal Reform has highlighted the fact that pregnant women in prison are routinely denied access to suitable maternity care and that babies have died as a result. Many women and transmen in prison have very complex needs physically and sometimes mentally. As the noble Baroness, Lady Burt, explained, they often have a history of abuse, neglect, addiction and poverty. The Government are not helping. They are not recognising those problems and do not understand their role; while prison is a punishment, rehabilitation has to take place afterwards.

Women in prison should receive at a minimum the same standard of maternity services as women outside. Of course, they often have additional challenges and are in need of specialist midwifery care, which should be supplied. When we punish these women in prison, we also punish their babies, and that cannot be right. Getting this right will change the lives of prisoners and families, and have an impact for generations. Like the previous amendment, this is something the Government have to pick up.

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[Lord Wolfson of Tredegar (Con)]

I know that when it comes to the prison estate, there is a very close relationship between my department, the Prison Service and NHS England. Rather than read something off a screen, may I write to the noble Lord and set out a paragraph or two to assist him on that? I am happy to discuss that further with him—or it might be appropriate for the Minister in the department with particular responsibility for prisons to do so. Anyway, I will write to the noble Lord.

[Baroness Burt of Solihull (LD)]

My Lords, I am extremely grateful for the learned contributions that have followed my words today, particularly from the noble Lord, Lord Hunt, and the noble Baroness, Lady Jones. I have taken heart, to a degree, from what the Minister has said. I accept what he says about the difference between statute and practice. We cannot just enact laws and expect everyone to suddenly do as they are told—it does not work like that—so I think the intention is extremely important.

I shall take this away and consult the bodies that have advised me—particularly Women in Prison, to which I am very grateful. For the time being, I respectfully request to beg leave to withdraw the amendment.

Amendment 209 withdrawn.

Police, Crime, Sentencing and Courts Bill

Baroness Burt of Solihull Excerpts

Lords Hansard - Part 1 & Lords Hansard - part one & Report stage
Wednesday 15th December 2021 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

I will be brief. There is an IPP fact sheet on the Ministry of Justice website that describes IPP sentences as “unclear and inconsistent” and says that they are not working because they

“have been used far more widely than intended, with some … issued to offenders who have committed low level crimes with tariffs as short as two years.”

I do not understand why the Government would continue to leave people to rot in prison when they have scrapped the system. Perhaps the Minister could explain that particular conundrum. I have no legal training but I think I have an awful lot of common sense; to me, this is a clear injustice.

On rotting in prison, I have had a letter from the mother of an IPP prisoner. She said that two of his fellow IPP prisoners committed suicide because they felt that there was nothing left in their lives. Clearly, this is an injustice. Are the Government going to do something?

[Baroness Burt of Solihull (LD)]

My Lords, I just want to associate myself with the comments of my noble friend Lord Beith. I will reserve my comments until after the Minister has spoken.

[Lord Wolfson of Tredegar (Con)]

My Lords, I am extremely grateful to the various Members of the House who have spoken. These amendments relate to offenders serving sentences of imprisonment for public protection, known as IPPs. We had a heartfelt and powerful debate on this issue in Committee; the mood during today’s debate has been equally apparent. I should say that, throughout this time, I have personally received a lot of emails from families affected by IPP sentences. I put on record that I have read all of them, even if I cannot reply to them all individually.

Let me go through the amendments and set out the Government’s position clearly. First, I make it absolutely clear that the Government recognise that more work needs to be done in relation to this group of prisoners. On that basis, the Government intend to bring forward an amendment at Third Reading. I will give details of that amendment in a moment; let me first set out the work done so far.

Police, Crime, Sentencing and Courts Bill

Baroness Burt of Solihull Excerpts

3rd reading
Tuesday 25th January 2022 Lords Chamber

[Lord Judge (CB)]

My Lords, I thank the Minister, who has found himself wallowing in a misery of injustice and has done a great deal at least for the issue to be recorded in statute. For me, that is the only advantage of this amendment, but I respect very much the efforts he has made to produce an amendment at all.

Beyond that, I entirely agree with the observations from my noble and learned friend Lord Brown and the noble Lord, Lord Moylan. We have not got to the end of the beginning of this, but the end of the beginning has possibly come into sight. For me, after the shambles of this dreadful piece of statutory—I could get carried away and then I would be speaking unparliamentary language, but noble Lords all know what I mean; I shall just stick to shambles—we can begin to make up for what has gone on over too many years.

[Baroness Burt of Solihull (LD)]

My Lords, I am grateful to the Minister for the amendment. He has followed through on a commitment he made on Report, which is greatly appreciated. However, like all the other noble Lords who have spoken, I wish the Government had gone further. Indeed, our little cross-party team put several other amendments forward, a number of which have been alluded to by the noble Lord, Lord Moylan.

This is one small improvement to a system that needs to be abolished for this group of prisoners caught on the wrong side of history. It is, however, a movement in the right direction. When the Minister spoke to me on the day that he made the commitment to bring the amendment forward, he quoted Newton’s second law. For noble Lords who, like me, do not have a clue what Newton’s second law is, it says that it is easier to move an object already in motion than one at rest. Well, the object is in motion and we—and, I believe, he—will try to push it along as far and as fast as we can whenever the opportunity arises. The ball is rolling and we will keep on pushing for justice and fairness for those whom the law has left behind.

[Lord Garnier (Con)]

My Lords, I appreciate that Third Reading is not the time for long and ponderous speeches, but I wanted to place on record—as someone who tabled amendments on Report and in Committee to deal with IPPs and the injustice that remains—that I wholeheartedly support the remarks of the noble and learned Lords, Lord Brown and Lord Judge, my noble friend Lord Moylan, and the noble Baroness, Lady Burt.

This is just the beginning and must be seen as something that will continue to be looked at, both by the Select Committee in the other place and the Ministry of Justice. I also place on record my personal thanks to my noble friend the Minister, who has dealt with this question with sensitivity and within the bounds of possibility that being a Minister in this House places on him. I thank him for what he has done and look forward to hearing more that will undo the injustice that the IPP regime is still visiting on a number of people.