Legal Aid: Social Welfare and Family Law

Baroness Butler-Sloss Excerpts

Monday 18th November 2024 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

I thank the noble Viscount for that question. As he will be aware, the department is going through an allocation process as a result of the recent Budget. The question of sitting hours and days will be looked at as part of that allocation review. He raised the question of an intermediate court, which I think was in the Auld report. That is being looked at, but a number of questions arise from that suggestion, which was made more than 20 years ago. I can say to the noble Viscount that it is something that is being considered.

[Baroness Butler-Sloss (CB)]

My Lords, as the Minister will know from his past life, many unrepresented litigants appear before family judges and magistrates without any legal advice. Very often, there have to be adjournments because the facts are not available because the parties are so in dispute they cannot give an accurate account. Does the Minister agree that this is not only a waste of court time but a waste of money? Early legal advice in family cases would save a great deal of money.

[Lord Ponsonby of Shulbrede (Lab)]

Of course, I am sympathetic to the point the noble and learned Baroness makes. As she said, I have substantial experience of dealing with litigants in person in family courts. The debate about early legal advice is also being considered as part of the allocation arrangements as a result of the Budget, but I am sympathetic to the point she makes.

Sentencing Review and Prison Capacity

Baroness Butler-Sloss Excerpts

Wednesday 23rd October 2024 Lords Chamber

[Lord Timpson (Lab)]

I thank the noble Lord for the question. While the review will evaluate the sentencing framework and examine the experiences of all offenders, it will be guided by the evidence of what works to keep the public safe and to rehabilitate offenders. I am focused on the evidence of what works both here and abroad. Currently, judges and sentences already take into account the individual circumstances of each case to account for the culpability of the offender, male or female, and the harm they caused, or intended to cause and any aggravating or mitigating factors.

There are three facts that I am sue the noble Lord will know: female offenders make up only 4% of the prison population; over two-thirds of them are in prison for a non-violent offence; and 55% of women in prison have dependent children. What noble Lords may not know is that the average life expectancy for someone who is not in prison in this country is 82; if you are a man in prison, it is 56; if you are a woman in prison, it is 47. So, we clearly have a lot of work to do to support these very vulnerable and often ill people.

[Baroness Butler-Sloss (CB)]

My Lords, since so many repeat prisoners have drink and drug addictions, are the Government looking at residential establishments outside prison with a probation order, where, if they do not obey at the residential place, they would then go to prison?

[Lord Timpson (Lab)]

The noble and learned Baroness is correct that drugs and alcohol is a massive problem for people in prison and leaving prison. With 49% of prisoners having drug misuse problems, it is not surprising that in prisons there is a demand for drugs. But when people are out, we need to do all we can to help them overcome their addiction problems because otherwise they are far more likely to be recalled and to offend again. So, I am fan of drug-free wings in prisons and of all the excellent support mechanisms already out there. Residential support centres for women are of far more interest for me in the future, and there are a couple of examples that are already starting to work very well.

Prison Capacity

Baroness Butler-Sloss Excerpts

Wednesday 24th July 2024 Lords Chamber

[Lord Timpson (Lab)]

I thank my noble friend for the question. It is crucial that people leaving prison have somewhere to live. Having been in this space for a number of years, I have met too many people who have left prison—I have seen them outside the gate—and there is no one to meet them, they have nowhere to live and nowhere to stay that night. It is not surprising that the revolving door often means they come back in. I will take my noble friend’s questions away and get back to him. I know we are meeting very soon.

[Baroness Butler-Sloss (CB)]

I also welcome the noble Lord to his post. He said that the Probation Service is overworked, so what will the Government do to help it immediately to deal with the 40% situation coming in September?

[Lord Timpson (Lab)]

Recruiting 1,000 extra probation officers will take time. From conversations with the probation officers that I have recently met, I know that we are asking a lot of them, but they are confident that they can manage the influx of offenders in September and October safely. In the longer term, they need the extra colleagues and a system that is more stable.