Criminal Justice System: Women

Baroness Chakrabarti Excerpts

Thursday 25th July 2019 Lords Chamber

[Baroness Chakrabarti (Lab)]

My Lords, I thank the noble Lord, Lord Farmer, not just for all his work and his two incredibly impressive reports but for bringing this important debate to your Lordships’ House. I also thank all noble Lords who stayed; I hope they found their reward in the temperate climate in the Chamber, both literal and metaphorical, compared to the climate elsewhere.

In recent months, we have discussed many times the crisis in our criminal justice system and our prisons. It is a crisis of attitude, history and, fundamentally, funding. Women are its greatest victims, whether they are victims in the sense that people normally understand—victims of crime—or whether they are prisoners who are victims, as so many noble Lords suggested so eloquently in this debate. Human beings do not come in hermetically sealed categories of good and bad or perpetrator and victim. Many women who find themselves in prison, if not the majority, are victims of all kinds of abuse as well.

As I listened carefully to some wonderful speeches today, I was consistently reminded of the principle of non-discrimination which, for the most part, finds its place in our law as a result of Article 14 of the European Convention on Human Rights. I was particularly reminded of a now famous case from 2000 against the state of Greece, called Thlimmenos v Greece, if anyone is interested or particularly wonkish about these things. It explains that discrimination does not always mean treating like cases differently; sometimes, it is equally discriminatory not to treat people who have different circumstances and lives differently. It is discriminatory not to recognise the different journey, circumstances, incapacities or problems of a category of people. Too many people, including sometimes very clever people in our public life, think that if there is no sign up saying, “You’re not welcome”, or if you got the vote, then it is all done. It is not. Discrimination in our world, even in 21st-century Britain, is much deeper, subtler and more endemic than that.

I felt that this understanding was very much present in so many of your Lordships’ speeches, including those from my noble friends Lord Parekh and Lady Uddin, the noble Baroness, Lady Sater, the right reverend Prelate the Bishop of Rochester, the noble Lord, Lord Farmer, and, predictably, the noble and learned Lord, Lord Woolf. The noble Lord, Lord Ramsbotham, brought his unrivalled experience in these matters, and the remarks from the noble Lord, Lord Bhatia, and the noble Baroness, Lady Eaton, addressed the additional intersectional problems of BAME women.

We have to understand that the system is already in crisis for everyone, but the problem is multiplied and exacerbated for women and they require particular attention and help. As so many people have described so forensically, women in prison are more likely to have experienced abuse as children, or domestic abuse, even to the point of coercion leading to the offence that leads to incarceration. They are more likely to be homeless before custody and to suffer from substance abuse or mental health issues. Tragically, of course, so many leave custody to go straight on to the street once more. There were so many helpful recommendations from the noble Lord, Lord Farmer, but the point about addressing homelessness immediately on release seems such phenomenal good sense. It is an acute issue, and surely the Minister and his colleagues will look at it with some urgency.

Crucially, as came out in so many of noble Lords’ speeches, a woman in prison is more likely to have committed a non-violent offence driven by poverty and for material gain, and to be serving probably a pointless short sentence. Your Lordships also pointed out the disastrous effect of incarceration on these women and their children—because so many of them have children. It leads to intergenerational problems including criminality, but also to problems in wider society, because these women are not rehabilitated under these short sentences in particular, so the effects are even worse.

What is to be done? Your Lordships have been very gracious in the way they have conducted the debate, but your Lordships’ House has been addressing these matters with that degree of care and temperance for many years. I look around this Chamber at so many experts who have been so gracious about making these observations again and again to Governments of both persuasions, it has to be said, but those arguments fall on deaf ears.

Of course we need more resources, not just in the system but before it, because the criminal justice system has been treated as a dustbin for humanity. I think it was the noble Lord, Lord Farmer, who coined the idea of needing more social workers, not just more prison officers. Why leave everything until it is almost too late when it comes to intervening in the most vulnerable people’s chaotic lives?

We need a probation service and probation disposals that truly inspire the confidence of the electorate and wider society, so that it is possible to make these disposals and not have to resort to ridiculous short-term sentences that clearly are not working. I thought that there was much in the suggestion that there should be mandatory pre-sentence reports before any woman is sent to prison, but perhaps we ought to go further. I took on board my noble friend Lord Ponsonby’s point that there has to be an ultimate sanction for non-compliance with probation and so on. However, it is high time for consultation and a Green Paper on a legislative presumption against these short sentences. That is what my honourable friend the shadow Justice Secretary has indeed promised.

We need to change the culture of prison itself. Again, that takes funding, as was pointed out by my noble friend Lord Parekh. Prisons are very masculine environments. They have been modelled on very traditional lines. That applies even to women’s prisons. We need to look at the different suggestions for keeping women’s family ties, even if they have to be in prison for more serious sentences. I was attracted to the suggestion of a women’s justice board to take these issues forward. In the light of what the noble Lord, Lord Ramsbotham, said, I will certainly take that back to my colleagues.

There should be more women judges all the way through the system, including up at the top in the senior judiciary. I personally think that if that is not happening quickly enough, it is time to look at affirmative action in the judiciary. It is a question of not just expertise and life experience but legitimacy in the wider population, at a time when the judiciary is often under attack, as is the rule of law itself.

This is the last day of the last term. I wish all noble Lords well for a peaceful and well-earned break, though one which I suspect will not be without certain anxieties. We approach this recess with a new Foreign Secretary who has repeatedly suggested that feminism is bigotry. We have a new Home Secretary who has spoken in support of the death penalty. However, I believe in rehabilitation. That rehabilitation requires hard work and good counsel. I hope that the Minister, with all our support, is able to provide more of that in the autumn.