Oral Answers to Questions
Chris Evans Excerpts(8 months, 3 weeks ago)
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Alex Chalk
I pay tribute to my hon. Friend and his colleagues for the exceptional work they do to ensure that justice is done. On the single justice procedure, fairness is non-negotiable, so it is critical that every person who comes before the courts, whether via the SJP or an open court, gets that fairness. There is an issue about transparency. Some important points on that have been raised, and echoed by the Chair of the Justice Committee, my hon. and learned Friend the Member for Bromley and Chislehurst (Sir Robert Neill). It is something that we ought to consider recalibrating. Everyone accepts that the SJP works well and is a useful addition. We just need to see whether it ought to be refined in the interests of promoting transparency.
Chris Evans (Islwyn) (Lab/Co-op)
The Minister of State, Ministry of Justice (Edward Argar)
End of custody supervised licence began in October 2023. Analysis of and statistics on its use will be based on one year’s worth of data and published on an annualised basis in line with other statistics, such as deaths of offenders in the community. We consider that to be the appropriate approach.
Chris Evans
Earlier this month, the Chair of the Justice Committee, the hon. and learned Member for Bromley and Chislehurst (Sir Robert Neill), who is in his place, said that prisons are at “bursting point”, while the Prison Governors’ Association said that without the extension of the ECSL scheme, our criminal justice system
“may have ground to a halt”.
Meanwhile, the Domestic Abuse Commissioner labelled the plans as
“dangerous to domestic abuse victims”.
Is the Minister satisfied that the scheme manages the prison population while keeping the victims of crime safe? If so, when will he release data about which prisoners have been released?
Edward Argar
I am grateful to the hon. Gentleman. There are a number of points there. The ECSL is a response to, yes, acute capacity challenges, but it is a targeted scheme operating in prisons as required and where necessary. I gently say to him that a similar scheme ran from 2007 to 2010. In that case, it bore significant differences to what is happening now. ECSL, as operating now, contains a range of important safeguards that were simply not in place between 2007 and 2010. The 2007-10 scheme released some people straight into the community without any supervision and led to the early release of some prisoners convicted of terror offences. This scheme is totally different. It plays a role in managing the prison capacity challenges, but it has those important safeguards in place to protect victims and society.
Alex Chalk
I thank my hon. Friend for raising this incredibly important case and for taking it up so powerfully on behalf of his constituents. In the Sentencing Bill, we have a proposal such that people who commit crimes of murder involving sexual and sadistic conduct will not be released, because they will be expected to serve a whole-life order. That is just, on behalf of the British people, and it also helps to keep communities such as that of my hon. Friend safe.
Chris Evans (Islwyn) (Lab/Co-op)
Mike Freer
The hon. Gentleman raises a good point. I lead on diversity in the Department, and a piece of work is already under way on how we can increase the diversity of the magistracy and ensure that we recruit from those hard-to-reach groups. I am more than happy to meet him to swap ideas and discuss how we can continue to change the face of our magistrates.
Oral Answers to Questions
Chris Evans Excerpts(1 year, 3 months ago)
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Chris Evans (Islwyn) (Lab/Co-op)
The Minister of State, Ministry of Justice (Damian Hinds)
Probation professionals perform a critical and invaluable role for our society. We are injecting an additional £155 million a year to recruit more staff, reduce case loads and continue to deliver better community supervision of offenders. We are seeing improvements in performance as that investment beds in, but there is more to do and I continue to monitor things closely.
Chris Evans
I thank the Minister for that answer, but he will know that Napo, GMB and Unison all say that the probation service is facing soaring workloads. Employees are battling under the pressure and sickness rates are high. With many workers off sick, the impact on public safety will be massive. Something must be done. Stepping outside the politics of this, will he commit to working constructively with unions and other agencies to bring about a strategy that will address this critical area of probation?
Damian Hinds
I am grateful to the hon. Gentleman who I know takes a very close interest in these matters, and rightly so. I commit to working in partnership with unions and other representative bodies and others to make sure that we have the right support for this service. Let me reassure him that recruitment to the probation service has been very encouraging over the past three years and we have managed to exceed our stretching recruitment targets.
Oral Answers to Questions
Chris Evans Excerpts(2 years, 5 months ago)
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Chris Evans (Islwyn) (Lab/Co-op)
The Minister for Crime and Policing (Kit Malthouse)
The probation service is committed to increasing recruitment to fill probation officer vacancies. The adequacy of staffing levels is monitored on an ongoing basis through operational management and plans around recruitment and retention.
Chris Evans
I recently spoke to a probation officer who is off work due to stress. They told me:
“We are losing no end of experienced officers and management doesn’t seem to care.”
With record levels of staff leaving the service and overworked officers fearful that any wrong decision could lead to tragedy, what specific actions will the Minister take to improve working conditions for probation officers?
Kit Malthouse
Although, obviously, people do leave the probation service from time to time, I hope the hon. Gentleman recognises the very vigorous recruitment campaign over the past three years. We have taken on: 1,007 new recruits in 2020-21; 1,518 in 2021-22; and 1,500 more this year. However, he is right that we need to work hard to make sure that we retain staff as well. There is a variety of strategies that we can put in place to make sure that that is the case, not least looking at the workload, which is often a cause of stress and strain. I am pleased to say that the latest numbers tell me that only 4% of probation officers have a workload above the recommended maximum, and there are obviously reasons why that may be the case. Having said that, there is, obviously, much more that we can do, and one of those things is to agree a productive and helpful pay settlement. We are in conversation with the unions and, indeed, with colleagues in the Treasury about reaching a conclusion on those discussions soon.
Oral Answers to Questions
Chris Evans Excerpts(5 years, 2 months ago)
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Robert Buckland
My right hon. Friend raises a distressing case. It is perhaps not appropriate for me to comment on it individually, but I extend my deepest sympathy to the family and friends of that victim. It is precisely why we have decided to take action to try to create a higher degree of confidence for victims and their families when it comes to the administration of sentences.
Chris Evans (Islwyn) (Lab/Co-op)
I was out with Gwent police on Friday. A large amount of their casework relates to serious high-risk offenders being released halfway through their sentences, which is a massive drain on resources both locally and nationally. Will the Lord Chancellor commit to review automatic release?
Robert Buckland
I am sure the hon. Gentleman will join me in actively supporting my proposals to change the automatic release to two thirds for serious violence and sexual offenders. That will indeed help local police forces, such as Gwent, with their management of offenders in the community. I pay tribute to the work the police do in that respect.
Domestic Abuse Bill
Chris Evans Excerpts(5 years, 2 months ago)
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Robert Buckland
The hon. Lady has given a powerful illustration of the importance of this order, because it can be run alongside a criminal conviction. So even if there is a suspended sentence, as in the case that she cited, an order can be passed—a DAPO—that will have its own criminal consequences. It gives that extra strength, that extra purchase, not just to the authorities but to the victim, to know that there is a mechanism by which the perpetrator can be held to account if they breach the terms. With respect, I think this is an important additional element, but I bear what the hon. Lady says very much in mind.
I want to ensure that we get these new orders right, so we need to make the whole process as simple as possible for victims, and also for the police and others when navigating it. I want these new orders to be effective in changing abusive behaviour and protecting victims. We shall pilot these provisions, therefore, in a small number of areas before rolling them out nationally, so that issues of the sort that the hon. Lady and others have raised can be ironed out and dealt with, to make the provisions as effective as possible. The worst thing to do in these circumstances—we have all been here before as legislators—is to talk nobly and grandly about our intentions, pass the legislation and then find that nothing has changed. When we do so, all we have done is to raise victims’ expectations, only to cruelly let them down. We are all responsible for that, so let us get this right.
If we are to strengthen the protection afforded to victims, we need to employ more measures to keep them safe. So, in addition to the DAPOs, the Bill seeks to build on two other preventive tools: the domestic violence disclosure scheme, which we all know as Clare’s law; and the polygraph testing of high-harm perpetrators.
Clare’s law has been in operation for over five years and I can see many Members—myself included—who campaigned very hard as Back Benchers to get that moving and to make a difference. It has been a success. Just to remind the House, the scheme has two elements: the right to ask and the right to know.
The right to ask allows an individual—or a relevant third party, such as a family member—to ask the police to check whether a partner, or ex-partner, has had a violent or abusive past. If police records show that an individual might be at risk of domestic abuse from their partner or ex-partner, the police can consider the disclosure of relevant information.
Under the right to know, the police may proactively decide to disclose information to keep a potential victim safe. In the year to March 2018, there were over 5,500 disclosures under that scheme—a welcome and encouraging statistic. However, I am clear, and the police accept this, that Clare’s law does not always operate as well as it should, which is why the Bill puts the guidance underpinning the scheme on a statutory footing, and places a duty on police forces to have regard to that guidance. We believe that will help to raise awareness of the scheme, increase the number of disclosures and ensure greater consistency across England and Wales.
I acknowledge that, in contrast to the rest of the Bill, there has been a degree of scepticism about polygraph testing, including from the Joint Committee, but I can assure the House that it is not a panacea—it is not a gimmick; it is a genuine attempt better to protect victims. I will tell the House why. It has been used successfully in the management of sexual offenders for the past six years. In that context, it has been shown conclusively that polygraph examinations provide useful information—useful intelligence—including what is disclosed by the offender, to help those responsible for supervision better to manage the risk of reoffending.
Given that evidence, I suggest that we at least test whether there are similar benefits to be secured in the management of high-risk domestic abuse offenders. To that end, the Bill allows the National Probation Service to conduct a three-year pilot among that cohort and, if successful, to roll the scheme out.
Robert Buckland
I give way to the hon. Member for Islwyn (Chris Evans), whose seat I unsuccessfully contested 25 years ago next February.
Chris Evans
I do not want to remind the Minister, but in that by-election he actually lost his deposit, so I am amazed that the Conservative party allowed him to stand again. We have known each other a long time; we served together on the Justice Committee, of which he was an extremely talented member, and I am not surprised he has reached Cabinet level. However, he knows that when we served on that Committee we had major doubts about the technology of polygraph testing, and other Government Committees have noted problems with IT. IT is a problem of Government. Is he confident that the technology will provide for this type of Bill?
Robert Buckland
I am grateful. I do not know whether that was a compliment, but I will take it as such. I am very glad to see the hon. Gentleman in his place, representing that wonderful part of Gwent, where perhaps one day the electorate will take a different view—who knows? I hope not for a long time—[Interruption.] I was speaking on a personal basis.
The hon. Gentleman makes an important point about polygraph testing. I assure him, first, that this is a pilot; and, secondly, that this is not an attempt to use it as evidence. Clearly, there needs to be a high bar for the admissibility of evidence in criminal or family or civil proceedings. This measure is all about getting the sort of information—intelligence—that can help the police and other agencies to assess risk. Material of that sort can be invaluable and really make the difference for many victims.
Where prevention and protection has failed, some victims will seek remedies before the courts. I recognise that we must do better. In criminal proceedings against an alleged perpetrator, we want victims to be able to give their very best evidence to help convict the guilty. Giving evidence, as I said, can be a daunting, traumatic experience—and often a barrier—so there is already provision for what are termed “special measures”. It has been in legislation for 20 years. Those measures are designed to take some of the stress out of that process. If the quality of a victim’s evidence can be improved by allowing them to give evidence from behind a screen or via video link, or by playing a pre-recorded interview, we should do everything we can to allow that. The Bill, importantly, ensures that the victims of domestic abuse—the complainants in the trial—are automatically eligible for such special measures.
Few things are likely to re-traumatise victims more than being subject to direct cross-examination by their abuser in legal proceedings. Such an experience will inevitably cause immense stress, and would of itself be a continuation of the abuse.
Recall of Women to Prisons
Chris Evans Excerpts(5 years, 10 months ago)
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Chris Evans (Islwyn) (Lab/Co-op)
It is always a pleasure to serve under your chairmanship, Mr Hollobone. I congratulate my hon. Friend the Member for Swansea East (Carolyn Harris) on securing this important debate. With our prisons stretched to breaking point, it is important to have a mature and considered debate about penal reform in the country. From statements made by the Prisons Minister, the hon. Member for Penrith and The Border (Rory Stewart), and most recently the Secretary of State for Justice about the futility of short prison sentences, it seems that on this occasion the Department wants to engage in a fruitful discussion.
Two weeks ago, I had a debate on short sentences where I called for a ban on prison sentences under six months. I believe that short prison sentences should also be at the front and centre of today’s debate on the recall of women to prisons and that is where I will focus my remarks.
Short prison sentences are an ineffective way to address the root causes of criminality, as they cause disruption to people’s lives, as my hon. Friend so eloquently described. They are too short to help inmates to rehabilitate and serve only as a punishment, which leads to increased reoffending rates. It is important to have this debate because, more often than not, women in particular are caught in a cycle of short prison sentences; and reoffending or recall despite their being convicted of non-violent offences adds to the chaos and uncertainty in their lives.
The 2017 “Guide to Proven Reoffending Statistics” found that both men and women who receive short-term prison sentences were considerably more likely to reoffend in the future. Most women receive prison sentences of less than 12 months and are more likely to reoffend than a male who has a comparable sentence. Short sentences place greater strain on an already overcrowded prison system and do not provide inmates with adequate time to become involved with rehabilitative programmes. Not only are our prisons facing staff shortages, but cuts to prison services mean that inmates cannot access important services that prevent reoffending.
The Government can and must do a better job of bolstering social programmes that aim to reduce the rate of offending among individuals who commit petty crimes. Many who do so feel they have no other option, especially if they are affected by addiction or mental health issues.
It seems to me as well that we cannot talk about this issue without talking about the Prison Service and the real problems that people within it are facing. Over the weekend, a constituent of mine appeared in The Daily Mirror and talked about leaving the Prison Service after only five days, simply because the training was not good enough; he felt intimidated and scared. How can Prison Service staff deliver rehabilitative programmes if they are leaving the service because of lack of training and because of intimidation and threats of violence? The Government need to address that.
It seems that the justice system is blind to the impacts of short prison sentences on mothers and their families. Women are more likely to be a child’s primary carer, so these sentences have greater impact on their lives than on the lives of their male counterparts, who do not often have that experience of being primary carers. Children of women in prison find themselves struggling when it comes to basic necessities, including housing, health and education. In many respects, many of them have failed in the system before they have begun.
The Government can do something about that. According to a Prison Reform Trust report in 2018, every year over 17,000 children in England and Wales experience their mothers going to prison. Just imagine that: suddenly the primary carer in their life is gone; suddenly there is discord and disharmony in their life. Their education will be disrupted, whether they like it or not. The children of prisoners are more likely to be ill. Often, they are displaced from their home and their lives are uprooted. They have to enter new schools, often with the stigma of knowing that their classmates know that they are the children of prisoners. They may be separated from their siblings. All of this sounds almost like a Charles Dickens story, but it is happening in this country in the 21st century, and it is something that all of us, as Members of Parliament, should be concerned about and should do something about.
According to the 2018 female offender strategy document, roughly 60% of female inmates are victims of domestic violence. As a result of horrific abuse, these women find themselves in dire situations, with a limited pool of supportive resources. They may be coerced into a life of crime by an abusive partner, or they may turn to petty crime to provide for themselves and their children. If somebody is particularly shoplifting for food, it seems common sense to me to ask why. Are they hungry? Rather than make them criminals, is it not far better to offer them hope?
Women with abusive partners often find themselves cut off financially and unable to keep up with a variety of payments, ranging from bills to council tax payments. Women sent to prison due to non-payment become entrenched in a cycle of instability. How are they supposed to create a better life for themselves and become proactive citizens if they are imprisoned and thrown back into the exact same situation that led them into trouble? If someone is falling behind on their bills, such as council tax, the wrong place to send them is to prison, because that just criminalises them.
I firmly believe that women do not belong in prison, especially if they have not been convicted of a violent crime. They need support and should be placed in a facility that is at least designed to rehabilitate and educate them. These women require a safe space where they can learn valuable skills that allow them to live independently, thus removing their need to return to crime; instead they can become useful citizens to society.
The probation service does not facilitate support for recently released inmates. Indeed, as the hon. Member for Bath (Wera Hobhouse) said, since reforms such as the Offender Rehabilitation Act 2014 were made, recall numbers for women have risen by 131%—a shocking statistic when compared with the 22% recall rate among men. Something is wrong when for so many women the system is not working. Between 2017 and 2018 more than 1,700 women were recalled to prisons, which is roughly half the female prison population.
In addition to attempting to restabilise and normalise their lives, these women have the added stress of maintaining contact with their probation officers. The constant threat of being recalled creates a lack of trust between offenders and probation officers, and trust is key to ensuring that those women do not return to a life of crime. Offenders have no one to turn to if they face having to slip back into petty crime in order to survive. If a probation officer is on the lookout only for a perceived risk of offending, it seems unlikely that they will be someone to whom an at-risk offender can turn for help.
Two weeks ago, I called on the Government to abolish the practice of administering short sentences to non-violent offenders, and instead to focus their efforts on establishing rehabilitation services, residential centres, and the use of community service orders. For women who are also themselves victims, short stints in prison only cause more problems in often chaotic lives. I am impressed that the Secretary of State acknowledged that short prison sentences do not work. I urge him and other Justice Ministers to put their words into action, to abolish short prison sentences for women, and to create a system that benefits and builds trust in the whole of society.
Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
It is a pleasure to serve under your chairmanship, Mr Hollobone. I, too, congratulate the hon. Member for Swansea East (Carolyn Harris) on a typically thoughtful and persuasive case. Indeed, I think that every Member in the galaxy of talent here today has contributed thoughtful and persuasive arguments.
I agree absolutely that hon. Members are right to express serious concern about the huge increase in the number of women recalled to prison. As we heard, the number has tripled since the introduction of the Offender Rehabilitation Act 2014. That is truly an extraordinary and shocking development. I understand that the latest statistics show that there are 29 recalls to custody for every 100 releases of women offenders on licence. I am not usually one to make comparisons with other jurisdictions, but I will do that today. Although there are difficulties in making direct comparisons, it is interesting to note that in the 10 years to 2015—the figure is not completely up to date—the comparable figure for Scotland is between four and five recalls per 100 releases—one sixth or less of what we are now seeing in England and Wales. We have to ask why that is.
The hon. Member for Stretford and Urmston (Kate Green) made a very honest speech about how she had been persuaded at the time of the 2014 reforms, but now, in the light of the numbers, she has reconsidered. I think that if I had been in this place in 2014, I would have been attracted by what the Government were apparently proposing, but the numbers in themselves do seem to make a case for repeal of the 2014 provisions relating to supervision after sentences of less than 12 months. At the very least, there must be a significant review of how those provisions are operating. Even during the passage of the Bill, prison reform organisations warned that many people serving short prison sentences have complex and multiple needs, which increase the likelihood of breach of licence conditions. As the hon. Member for Swansea East said, the Prison Reform Trust is among those who have concluded that that is exactly what has happened, referring to a “coercive response” that was brought about by the Act creating a distrust between offenders and responsible officers. The trust stated:
“The threat of recall accentuates the fault lines in relationships that are already fragile, inhibiting women from confiding in their responsible officers about difficulties that, eventually, lead to their recall.”
Accordingly, two fifths of recalls for women are apparently down to a failure to keep contact with a responsible officer, which contrasts with the figure provided by the hon. Member for Stretford and Urmston that suggests that only a quarter of recalls relate to further offending behaviour.
For the second and final time I will compare this system with how things operate in Scotland. In Scotland there is no automatic requirement to supervise those released after a sentence of less than four years, although judges can impose a supervised release order in certain cases where that would be necessary for public protection. That might provide a better balance and focus than the system introduced in England by the 2014 Act, and a lack of compulsory supervision does not mean that support is not available.
Chris Evans
I know this is a strange thing to say, but most people who reoffend were released on a Friday when there is no access to services such as housing, social security or whatever. What is the experience in Scotland? Has anyone considered the days on which prisoners are released?
Stuart C. McDonald
I must confess that I do not have the answer to that today, although the issue has been flagged up to me previously. I will look at it again to see whether a policy is in place to try to address that issue, as it seems significant.
There is broad agreement that women who are released on licence desperately need more support, and we are finding that supervising officers are simply not able to resolve or help with problems of unstable housing, debt, abusive relationships, mental health and the various other issues that hon. Members have highlighted. In fairness, the Government recognised that in their most recent female offender strategy, published last summer, which notes that a
“lack of access to supportive community services can contribute to recall to custody”
and that the aforementioned problem of not keeping in touch with supervising officers was driven by a lack of safe accommodation, as well as substance misuse and other issues.
Few Members present would not agree that residential support in the community that provides holistic support to turn lives around is far preferable to prison recall. The Government’s strategy document gives various examples of successful residential support options, including the marvellous Turning Point 281 centre in Glasgow. Such places are not soft options; they are a serious challenge to help women turn their lives around and address the root causes of their being on the wrong side of the law, whether that is substance abuse, adult or childhood trauma, financial problems or debt, mental health issues, or domestic abuse. As hon. Members pointed out, we need a coherent, comprehensive and joined-up network of services, and that requires resourcing a whole-system approach with sustainable funding, such as that described by the hon. Member for Stretford and Urmston.
My most important point—here I agree with everyone who has spoken in the debate so far—is that short-term prison sentences of less than a year are, to all intents and purposes, pointless. As the hon. Member for Stretford and Urmston said, the Scottish Government are moving to a presumption against sentences of under 12 months, which hopefully will lead to a significant reduction in the number of women receiving custodial sentences. I also welcome and support the positive moves made by the UK Government. Short sentences do not allow time or space to address the root causes of offending behaviour, and as hon. Members have said, they often exacerbate existing problems, breaking up families and social networks and disrupting employment and housing.
Reform could make a significant difference and help far more women to turn their lives around than locking them up and making things worse. I encourage and support the Government in that endeavour. Again I congratulate the hon. Member for Swansea East on securing this debate. She is right in what she has argued for today, and I very much hope that the Government have listened.
Missing Persons Guardianship
Chris Evans Excerpts(5 years, 10 months ago)
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Bambos Charalambous
I entirely agree, and one of the biggest areas of distress for people is dealing with financial institutions. If measures can be introduced to enable things to run more smoothly, I would strongly support that, as, I hope, would the Minister.
Chris Evans (Islwyn) (Lab/Co-op)
As we know, the hon. Member for Salisbury (John Glen), who first promoted the Presumption of Death Act 2013 as a private Member’s Bill, is now the Economic Secretary to the Treasury. I wonder whether the Minister discussed this emotive issue with him in the hope that we can bring the financial services to the table.
Bambos Charalambous
I was not aware of that, and my hon. Friend makes a good point. I hope the Minister will hold such discussions with the Economic Secretary, if he has not already done so.
Chris Evans (Islwyn) (Lab/Co-op)
It is a pleasure to serve under your chairmanship, Mr Hollobone. It is rare to be in a debate in Parliament where we feel that the whole House is coming together on an issue that affects nearly everyone. A quarter of a million people will go missing each year. Many of them will be found, but the families left behind are in no man’s land.
I will start with a bit of history. As it did for the hon. Member for Thirsk and Malton (Kevin Hollinrake), this issue came to the fore with me very early in my parliamentary career, when I met Rachel Elias, the sister of Richey Edwards of the Manic Street Preachers, who went missing in 1995. The funny thing is that before we meet people and learn about the story, we sometimes think of it as a mystery and we forget that these people are real and leave behind lives. With Richey Edwards being a high-profile guitarist and songwriter with the Manic Street Preachers—one of my favourite bands when I was a mad indie fan as a kid—we forget that these people are real. When I met Rachel, I discovered the devastation that his disappearance had left behind: mortgages unpaid, as the hon. Member for Strangford (Jim Shannon) said, direct debits unpaid and a kind of no man’s land.
It is hard for people to accept, when someone has gone missing, that they may have died; they do not want to recognise that. I pay tribute to the Missing People charity for its hard work to bring this issue to the fore. When I met the charity, I was told that the law at the time was like crazy paving, with no certainty about what happens when someone goes missing. I think the hon. Member for Thirsk and Malton will agree with me that that was the best way to describe it.
I was interested at the time in the Presumption of Death Act 2013. I will do something strange for a Labour Member and commend the Government, because from the beginning of my involvement in this campaign the Government got this, and I believe they got it right. When I was on the Justice Committee in 2011, I asked the then Chair, Sir Alan Beith—now Lord Beith—to look into the matter, and he did. We had the hon. Member for Huntingdon (Mr Djanogly), who was then a Minister at the Ministry of Justice, before us, and he said that the Government were supportive of a presumption of death Act but did not have parliamentary time.
That legislation was introduced as a private Member’s Bill, which I mentioned in my earlier intervention, by the hon. Member for Salisbury (John Glen), who is now a Treasury Minister. I was delighted to be part of the Committee that ultimately brought about the Presumption of Death Act, which came into force on 1 October 2013, but I always felt that that was just part one of solving the problem. Yes, presumption of death was right—as the hon. Member for Strangford said, it is correct that we give a certain amount of time for people who have gone missing before they are pronounced dead. That is absolutely right because, sadly, we have seen high-profile cases where people have come back—I am thinking of the famous canoe man.
The second part, and the original point that Rachel brought up with me, was about still being liable for debts, direct debits and, in particular, mortgages. Banks, having no recompense, may have to look into liquidation. The financial pressure that families face is huge, at the same time as they are going through the emotions of losing and missing someone, so I was delighted when the hon. Member for Thirsk and Malton introduced a private Member’s Bill that became the Guardianship (Missing Persons) Act 2017.
However, for all the good work done on this by the coalition Government and the present Government, I feel that they dragged their heels a little, and I am disappointed by that. It is pertinent, as my hon. Friend the Member for Enfield, Southgate (Bambos Charalambous) mentioned, that today is the end of the consultation. I think we have dragged our feet a little too much on this, and I look to the Minister to ensure that the Act comes into force in July. Too many people are left in limbo and need help, not in July, but now. If they have the banks on their back and everything else, the pressure on them is immense.
As I said in my earlier intervention, the hon. Member for Salisbury has been elevated to the Treasury team—he is on to great things—but he has responsibility for financial services now, as the Minister will know, and I hope that they have had discussions. I know the hon. Member for Salisbury enjoys a good relationship with the financial services sector, and I hope he will be heavily involved in ensuring that the banks and other financial services come to the table and talk about this to ensure a smooth transition as the Act comes into force in July, so that the financial pressure is taken off families.
I also understand the problems with the Act: we are asking someone to take on the affairs of someone else, and I know there has to be sensitivity around that. When the Minister responds to the debate, I hope he will touch on that sensitivity of someone else taking on responsibility for someone who is missing and does not know that they have got hold of their financial affairs. As we always worry in these cases, despite all the many genuine cases, there is always potential for fraud, so I hope the Minister will talk about how the Act will deal with that.
I pay tribute to the hon. Member for Strangford, who I think is setting the record for the number of Westminster Hall debates that he speaks in. He spoke very well, as he always does, and he mentioned something that I had not thought of before: whether a central database of missing people had been created by the police. I hope the Minister will have conversations with the Home Office about bringing that about. It is interesting that when we travel to America, if we buy a carton of milk, there are often pictures of missing children on there. The Government could speak to supermarkets about bringing that about, and I hope that will be thought about.
Of course, I pay tribute to Peter Lawrence, who I am delighted to see here today, for his dignified campaign. Anyone who has met him knows his passion to ensure that no other family should have to go through what he has been through. I share his sadness that it is now 10 years since Claudia went missing, and I hope beyond all hope that one day he gets some positive news, because he deserves it.
I also pay tribute to my constituent Rachel Elias for her high-profile campaign, especially through the popular press, to ensure that Richey’s tragedy is still talked about 24 years later. I met her mother Sherry and her father Graham, and I find it sad that they passed away without knowing what happened to Richey. Again, I hope that they find some closure in that case and that there is some positive news about all this; but I will say of Rachel that, in the midst of all the negativity, she has found something positive and she has campaigned very hard. My heart goes out to everybody who has someone who has gone missing. I pray and hope that they find closure and hear some positive news eventually.
Mr Philip Hollobone (in the Chair)
We now come to the Front-Bench speeches. If the Front Benchers split the time between them, they can have up to 25 minutes each, but it is not compulsory.
Oral Answers to Questions
Chris Evans Excerpts(5 years, 10 months ago)
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Chris Evans (Islwyn) (Lab/Co-op)
I recently met someone who trained to be a prison officer and left the job after six months. He told me that the three months of training left him ill-equipped to deal with the violence and intimidation, and to deal with prisoners with mental health problems. The Secretary of State will know that this is not an isolated case—it is widespread. What is he doing to improve training for prison officers so that they are equipped to deal with these incidents and have support when they are encountering this type of violence?
Mr Gauke
I assure the hon. Gentleman that we are constantly looking at ways in which we can improve the training for prison officers. The prisons Minister, my hon. Friend the Member for Penrith and The Border (Rory Stewart), has been very focused on that. We have managed to increase the number of prison officers significantly—as I say, the figure is up by 4,300. We are now seeing those prison officers gaining more experience and becoming increasingly effective. As I say, there are reasons to be cautiously optimistic that we are moving in the right direction, but there is still much more that needs to be done.
Short Prison Sentences
Chris Evans Excerpts(5 years, 10 months ago)
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Chris Evans (Islwyn) (Lab/Co-op)
I beg to move,
That this House has considered the effectiveness of short prison sentences.
It is always a pleasure to serve under your chairmanship, Ms Dorries. I refer the House to my entry in the Register of Members’ Financial Interests. I am the chair of the all-party parliamentary group on boxing and a steward of the British Boxing Board of Control.
I have called this debate because I was heartened by the Minister’s recent statement that he is seriously considering abolishing short-term prison sentences. Considering the many reports in the news about the apparent decline of prisons across the country— perhaps most notably HM Prison Bedford—this debate could not have come at a better time. It is my hope that the debate will serve as the beginning of a conversation with the Government, wider society, charities and other organisations that inspires confidence in our criminal justice system and brings about effective, fair punishment in the future.
According to Dr Robert Jones at the Wales Governance Centre, Wales has the highest imprisonment rate in western Europe. As of last Friday, there were more than 82,400 people serving sentences in prisons across England and Wales, 95% of them male. The current prison capacity of England and Wales is estimated to be around 85,000, which means many prisons are suffering from severe overcrowding and a massive strain on resources. This overcrowding leads to increased risk of inmate violence, and leaves resources and staff thinly stretched across the prison, which can heavily impact on the success of rehabilitating inmates.
It is clear that things have to change. I believe that there are alternatives available to the Government. If we were to see more investment in community services and rehabilitative treatment programmes, which can address an offender’s criminogenic needs, we would see a reduction in the prison population and rates of reoffending. I am aware that the Minister expressed an interest in abolishing sentences of only three months, but I believe that there is a case to extend this to sentences of up to six months. All of the evidence stacks up to show that shorter sentences do not work.
John Howell (Henley) (Con)
The hon. Gentleman is making some good points about overcrowding and the state of the prison estate. When looking at short sentences, the key issue for me is whether they achieve the rehabilitation of prisoners; my judgment is that they do not. Would he agree?
Chris Evans
The hon. Gentleman makes a pertinent point, which I will elaborate on later. There are numerous examples of people in the system with substance abuse issues, who cannot get into substance abuse rehabilitation or overcome their problem, who then find themselves outside, and get back into the system. I will develop this argument more as I go on and I will be happy to take another intervention, if the hon. Gentleman so wishes.
To me, short sentences do not help to reduce reoffending and they can cause unnecessary disruption to the lives of those who could have been dealt with in ways that have seen better results.
Ellie Reeves (Lewisham West and Penge) (Lab)
My hon. Friend talks about the impact on people’s lives. A recent report published by the Prison Reform Trust showed that 17,000 children in England and Wales are affected by maternal imprisonment each year. One in four women are sentenced to less than one month. Does my hon. Friend agree that that is completely unsustainable for women and their children?
Chris Evans
In the case of non-violent crimes, especially those committed by women, there is a real argument to make about that. I cannot quote the figures off the top of my head, but I understand that a large number of women who are locked up have been victims of domestic violence. The courts need to accept that and think about it when they are sentencing women in the future. As I said, 95% of the prison population is male. How many of the 5% who are women have been convicted of non-violent crimes and sentenced to less than one month? Many women are in nurturing and caring roles, with children and also with elderly parents, and that would cause severe disruption as well.
Alex Chalk (Cheltenham) (Con)
Does the hon. Gentleman agree that it is critical to develop a robust and credible system of community sentences, so that my constituents can feel satisfied that when people are punished by the court they truly receive something that is inconvenient, rehabilitative and credible?
Chris Evans
The hon. Gentleman hits the nail on the head. This is all about building confidence in community rehabilitation sentencing. Somebody said to me earlier in the week that if somebody’s house gets burgled, they want to feel that people have been punished. However, community sentencing is seen as the soft option. As this debate goes on over the next few months, we have to be talking about building confidence in those sentences—the hon. Gentleman is absolutely right.
The Revolving Doors Agency’s campaign, which is called #shortsighted, backs the sentiment that ending short sentences can reduce cost and be resource effective. It is calling on the Government to bring an end to short sentences and opt for community-based sentences instead.
In England and Wales we are too quick to send people to prison for petty and often persistent crimes. I understand that Governments of all shades are often influenced by the media, which likes the idea of “lock them up”. The fact that many people who have received a short sentence often reoffend and commit similar crimes shows that short-term sentences are ineffective in reducing recidivism. Government statistics from 2018 show that 63% of those who had sentences of less than 12 months went on to reoffend within a year. It is clear that short prison sentences do not provide an apt amount of time to stage an intervention and address the needs of an offender, particularly if that offender is also experiencing ongoing problems with drug and alcohol use or other mental health issues.
On the other side of the coin, those who have committed crimes of animal cruelty face a maximum of six months’ imprisonment in Wales. I understand that the Government in England have committed to increase that to five years, an extension which I believe should be applied to all parts of the UK. Six months hardly provides enough time for an intervention in such criminal behaviour, and animal cruelty should not be treated in the same manner as petty crimes. I support the continued campaign by Battersea Dogs & Cats Home to increase these sentences.
Last year, the Revolving Doors Agency carried out research among voters of all parties in England and Wales, bearing in mind what I said about the media and “lock them up”. It found that an overwhelming 80% believe that those convicted of petty crimes, such as theft of daily essentials, should not be sent to prison. They also found that voters strongly back reducing the prison population and investing money in activities such as drug treatment programmes instead, with 74% thinking that offenders who have committed a petty crime and who have drug or alcohol addictions belong in treatment programmes, instead of prison. What is more, the majority of voters said that they would be more likely to vote for an MP who supported reducing prison populations and investing the savings into treatment programmes, with only 16% saying that they would be unlikely to do so.
Alex Chalk
Does the hon. Gentleman agree with me that we need to slay the myth that this country is somehow soft on locking people up? Across the United Kingdom over 90,000 people are locked up, whereas in France the figure is closer to 60,000 people. It is important that we set the record straight, and do so loud and clear.
Chris Evans
I absolutely agree. From the contributions that we have had so far, the tone of the debate makes me think that we are going to produce something that will inspire confidence. I welcome all the interventions we have had so far; it has been good. The hon. Gentleman is right. Coming from a small country like Wales, I find it amazing that we have the highest prison population in western Europe.
I have always been supportive of the UK’s prison system taking a rehabilitative approach with offenders, rather than a punitive one. Rehabilitation is proven in successfully reducing reoffending rates, far more than a punitive system does. All we need to do is to look to prison systems in countries such as Norway and Finland to see that rehabilitating and educating offenders massively reduces rates of crime, and to the US and Russia to see that punishment does not.
People being imprisoned in England and Wales are mostly being convicted of non-violent, petty crimes. Many of these offenders have other issues, such as alcohol, drugs or their mental health. Sending those people to prison for a few months will not help them, and nor will it help wider society. The Ministry of Justice has published research in the past which confirms the fact that offenders given short-term prison sentences were associated with significantly higher proven reoffending than those given a community order or suspended sentence.
To reduce reoffending by those with substance abuse or mental health issues, treatment programmes would be far more beneficial than imprisonment. For younger offenders engaging in petty crime, perhaps educational workshops would be better. As the chair of the all-party parliamentary group on boxing I have been researching and learning about the benefits of sport and boxing in reducing and deterring criminal behaviour and keeping young people on the straight and narrow. It is definitely an avenue that the Government should consider exploring. However, despite a review from Rosie Meek about the benefits of sports, boxing and martial arts in prisons, the Government have yet to act on the recommendations. I want to ask the Minister whether I and a delegation from the all-party group could come to discuss her report with him.
Conor McGinn (St Helens North) (Lab)
My hon. Friend is making a considered speech, and I wholeheartedly agree with it. We both represent working-class communities that believe in being tough on crime and its causes. Does he agree that the Government could do much more to support projects such as the Wildcard boxing academy in my community, which keeps young people in places such as St Helens out of the criminal justice system in the first place?
Chris Evans
When it comes to boxing there is evidence. I could cite a huge number of champions, from both sides of the Atlantic—some famous examples—who found themselves in trouble and used boxing to turn themselves around, because of the discipline that the sport taught them. The Government need to take those ideas on board, and provide support for boxing clubs, which tend to be at the bottom of the pile when money is handed out in community grants.
John Howell
Does the hon. Gentleman think there is a great contradiction in the health service engaging in social prescription, by encouraging people to engage in sports activities, while the Prison Service does not?
Chris Evans
Yes. The trend in the past 20 years has been that prevention is better than cure. The NHS is getting success in encouraging people suffering from obesity to go on to fitness and diet programmes. There is some success from that approach, and it could be transferred to the Prison Service. If people with energy have time on their hands, sport can fill it.
In research published last year by the Ministry of Justice it was found that reductions in reoffending were associated with the use of court orders such as community sentences rather than short custodial sentences. The effect was greater for people with a larger number of prior offences, younger offenders, and people with severe mental health problems. For those with prior offences who have already served a number of short stints in prison, imprisonment is clearly not a deterrent but more of an occupational hazard. It is interesting, therefore, that those offenders are less likely to reoffend when given community sentences.
Community sentences can be a win-win for all. Taxpayers’ money is saved, local communities and projects benefit and offenders learn skills and the value of giving back to society instead of taking from it. Not only do short sentences do nothing to rehabilitate an offender or reduce their risk of reoffending; sending people to prison for a few months unnecessarily adds to the overcrowding in prisons throughout the country. As I mentioned, England and Wales are reaching peak prison capacity and many prisons are heavily overcrowded. The overcrowding means even more strain on already pressured prison staff and resources; there are not enough of them as it is. That in turn has an impact on the success of inmate rehabilitation, levels of violence in prisons and access to illegal drugs, not to mention the wellbeing of prison staff.
That overcrowding could be prevented if courts did not instantly resort to sentencing offenders to short prison terms for non-violent petty crimes. In the year ending June 2018 almost 29,000 people entered prison to serve sentences of six months or less. That was 47% of all sentenced offenders entering prison during that time. According to Ministry of Justice prison performance statistics for 2017-18, in England and Wales the cost of keeping one person in prison for a year stood at £37,543. That works out at about £3,125 per month for one prisoner. The annual figure is more than Brits earn on average each year, and is almost as much as the cost of a place at an elite public school. Think of the amount of money we could save and invest elsewhere, if we did not imprison people on short sentences. It would also save money in the long run, as those who serve a community sentence or enter a rehabilitation programme are less likely to reoffend and to be imprisoned again in the future.
The money saved could be invested into the programmes and used to create more jobs and train more staff in the skills required to work in rehabilitation and treatment services, as well as being spent on other public services. With the looming threat of a no-deal Brexit and a shrinking economy, we need to be more efficient and effective with money and resources, and invest in and utilise more efficient and effective options.
It is not just the placement in prison for a few months that is costly. Short-term sentences can be hugely disruptive to people’s lives and lead them to be more reliant on public and social services than they were before entering prison. Resettling a previously imprisoned offender back into the community uses up a lot of time, money and resources. Short sentences can disrupt employment and housing situations, which can lead to more people applying for and relying on universal credit. There is a risk of people being left homeless, particularly if they are released on a Friday, as happened to more than 25,000 people in 2017-18. The public services that people rely on upon release, such as access to benefits, medication, housing or other assistance, are closed over the weekend. That means there is a risk that they will not get their basic needs supplied and that they will sleep rough for at least three nights. Therefore they will be at increased risk of reoffending. From there the offender can fall into the cycle of offending and imprisonment, which racks up the costs in the long run.
I know that the Minister is committed to prison reform and reducing the levels of inmate violence and access to drugs, and that he recognises the virtue of rehabilitating and educating inmates. I commend him for that. I hope he would agree therefore that, if we truly want to protect the public and remove people from a life of crime, so that they become proactive citizens who make positive contributions to society, we must take heed of the research and the multitude of statistics showing that short prison sentences do not work. I mentioned earlier the Revolving Doors Agency’s #shortsighted campaign, and I urge the Minister to take on board its recommendations. It calls on the Government to introduce a presumption against short custodial sentences of less than six months, much as the Scottish Government have done. That would allow for such sentences to be given only when no other appropriate option was available. In cases where short prison sentences were imposed for non-violent petty crimes, the courts would have to give a reason why they had opted for a custodial sentence over a community one. What is more, that approach would not remove the court’s discretion, and would allow courts to deal with more serious and violent offences appropriately. What is proposed is a presumption, not a ban on short prison sentences.
The fact that an offender does not go to prison does not mean that they are escaping justice or retribution. Such offenders will serve their time in another way, whether through curfews and tags or community service that benefits the wider community. Many of them face pressing personal issues, including substance abuse, homelessness or mental illness. I believe that they should be given the opportunity to escape the vicious cycle of criminal behaviour. They should have help alongside serving their community sentence, so that they can be rehabilitated and learn skills that can benefit their local economy and wider society.
We have to ask: do we truly want our streets to be safe, or do we want offenders to be punished and thrown into an expensive cycle of petty criminal behaviour and short-term imprisonment? If the answer is the former, the only way forward is to focus on how we can help those people change their lives for the better, rather than throwing them in prison and forgetting about them for several months. By allowing the latter to happen we will only contribute to the rising level of crime on the streets, and to overstretched prison services. I hope that the Minister can agree with me on that, and that he will pursue alternatives to short-term prison sentences.
As I said at the beginning of the debate, I look forward to engaging in a constructive and robust conversation. I do not expect to get all the answers today. However, I want a real opportunity to engage, over the next few months, in bringing about a justice system that brings benefits and, above all, inspires the confidence of the whole community.
Chris Evans
I find myself in the happy position of agreeing with everything the Minister has said. His critique of what is going on with short sentences is spot on. I know there are hon. Members on the Opposition side who would be interested to meet with him and talk about a way forward, and I hope we can get those meetings in place. I only regret that the debate was only half an hour; I think we could have spoken all day about this subject.
Rory Stewart
I thank the hon. Gentleman very much. To conclude, we must focus on what outcome we want—not the process, which is the prison, but the outcome. The outcome must be to find the right way of protecting the public, and whether we are talking about punishment, deterrence, incapacitation or rehabilitation, there are serious problems with short-term sentences.
Motion lapsed (Standing Order No. 10(6)).
Mental Health in Prisons
Chris Evans Excerpts(6 years, 11 months ago)
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Chris Evans (Islwyn) (Lab/Co-op)
Thank you, Mr Howarth, for calling me to speak in this very important debate, and I congratulate my hon. Friend the Member for St Helens South and Whiston (Ms Rimmer) on her succinct but very informative speech.
I also congratulate the Minister—the Under-Secretary of State for Justice, the hon. Member for Bracknell (Dr Lee)—on surviving the reshuffle. He is the sole survivor. However, the reshuffle raises a very important issue. For me, the situation is unacceptable. This is the second time in living memory that the Ministry of Justice has been cleaned out in a reshuffle. It is unacceptable that we have had six Justice Secretaries in seven years. Only one of them has lasted for even two years. That has led to inconsistent policy and inconsistent reform, and a lot of things have been kicked into the long grass.
While all that has gone on and while the Government have reshuffled the Ministry of Justice, a National Audit Office report to the Public Accounts Committee, of which I am a member, said that £400 million was spent on healthcare in prisons in England in 2016-17, treating 7,917 mental health patients. However, the inspector of prisons found that 31,328 prisoners, who make up 37% of the prison population, reported having mental health or wellbeing issues. Incidents of self-harm and suicides increased—there were 120 suicides in prisons in 2016, the highest number on record.
Prisons and the probation service estimate that 70% of the prisoners who ended their own life between 2012 and 2014 had mental health needs. Identification of those who need mental health services is not consistent. It is all very well our standing here and saying, “Well, they’re in prison. They’re locked away.” For those of us who have stood in our constituencies and somehow had to find some sort of comfort for grieving families who have been victims of those with mental health problems, that is simply not good enough.
I will cite an example from my own constituency. In November 2014, Matthew Williams went out one night and met Cerys Yemm. They went back together to the Sirhowy Arms hotel in Argoed, where he violently killed her. The Argoed hotel murder case was launched by the Ministry of Justice and found a series of failures. In 2004, Mr Williams had been diagnosed with schizophrenia after spending five weeks in a mental health in-patient unit. However, Mr Williams had been a highly frequent user of drugs since adolescence. Schizophrenia should not be diagnosed during states of drug intoxication or withdrawal. Drug-induced psychotic episodes have very similar symptoms to schizophrenia. After Mr Williams left the in-patient unit, his diagnosis was never re-evaluated.
The Argoed homicide report found that, during his diagnosis, Mr Williams was experiencing a drug-induced psychotic episode, and that there was insufficient evidence to support a true diagnosis of schizophrenia. Mr Williams was on and off medication throughout his life, and not enough support was given to him when he was leaving prison. In fact, he had 26 convictions for 78 offences.
It could be argued that the key affliction affecting Mr Williams was drug addiction. He had been using drugs on the night that Cerys was murdered. Those people who had been in contact with him described him as being
“low in mood and pessimistic, but not psychotic”.
The report’s authors believe that his drug use on the night of the murder could have triggered a psychotic episode. Drug addiction was overlooked in favour of a schizophrenia diagnosis—the substance abuse was never truly addressed.
There were inconsistent mental health records: there was a schizophrenia diagnosis, an unofficial undiagnosis and an unofficial personality disorder diagnosis. Medication was prescribed and then unprescribed. Most damningly, Mr Williams was released from prison without medication and continued with consistent drug use in the two weeks after his release. The lack of consistency in the mental health diagnoses, both inside prison and outside, led to a terrible, terrible incident, the effects of which are still being felt in Argoed and the local community at the moment.
Even though Mr Williams was ultimately responsible for murdering Cerys in a terrible way—I pay tribute to the quiet dignity of Cerys’s family—the escalation of mental health issues such as drug addiction could have been prevented throughout the different diagnoses and follow-up. Consistent care and consistent support could have been provided to Mr Williams, but both in prison and outside he received neither.
We need more structured interventions for people with mental health issues, including personality disorders and substance misuse. There also needs to be better sharing of healthcare information prior to someone’s discharge from prison, between community mental health teams and mental health in-reach teams. That would provide consistency and would be a protective measure against possible relapse in any mental health condition. There should also be follow-up appointments with individuals. The PAC reported on these issues and we call on the Government to act on that report now.