Sentencing

Claire Perry Excerpts

Monday 23rd May 2011 Commons Chamber

[Helen Goodman (Bishop Auckland) (Lab)]

Last week, the Justice Secretary showed us how out of touch he is with the women of this country, and this afternoon we have had a demonstration of how out of touch he is with communities on the issue of crime. In recent days, the Justice Secretary has said that he does not want to change sentences for serious crime, and he said that again this afternoon. He is playing word games with the public, however, because he knows perfectly well that under his proposals people could spend just one quarter of the sentence given to them by the judge in prison. The safety of our communities is too serious for us to play these word games.

No wonder the public lose trust in the system.

“many people feel that sentencing in Britain is dishonest and misleading.”

The Tories said that in their manifesto, and they promised to improve transparency; another broken promise. As my hon. Friend the Member for Llanelli (Nia Griffith) said, they promised to redevelop the prison estate and increase capacity. Instead, they are cutting the prison building programme. The one manifesto promise the Justice Secretary has fulfilled is to

“stop talking tough and meting out ever longer prison sentences”

That promise was in the Liberal Democrats’ manifesto, of course.

My hon. Friends the Members for Llanelli and for Slough (Fiona Mactaggart)—the latter was an excellent Home Office Minister in the previous Government—have spoken of their concerns about the way the issue of rape was treated last week. That revealed that the ministerial team does not know the facts and does not know the law.

Unfortunately, most of the 1,000 rapes that are committed every week in this country are committed by partners and ex-partners. Also, the law has changed since the Secretary of State was practising at the bar in the last century, and he should know what it now is. Consensual sex between an 18-year-old and a 15-year-old is unlawful, but it is not rape.

The Labour Government ended cross-examination by assailants, and they ended questioning on people’s sexual pasts. The way to win the confidence of women in this country is not to cut the sentence for people convicted of rape; rather, it is to keep the specialist police, maintain local authority support for sexual assault referral centres, and listen to the groups and lawyers working with victims. The Ministry of Justice needs a woman in the team, and the Prime Minister should find one PDQ.

Many Members have spoken about the legacy that was left for the current Government. Government Members should remember that Labour cut crime by 43%, and cut reoffending by 15%. As my right hon. Friend the Member for Knowsley (Mr Howarth) pointed out, the Labour Government understood the role that prison plays, which is why we increased the number of places by 26,000.

Everyone wants to cut reoffending and tackle the underlying problems, and the hon. Member for Maidstone and The Weald (Mrs Grant) made an excellent speech on the issues faced by women offenders. The points she made highlight why we followed the recommendations in the Corston report and the Bradley report on prisoners with mental health problems, and why we invested £170 million in literacy and numeracy skills, and set up new workshops in prison.

Early guilty pleas can speed up trials and reduce the pressure on victims, but the real reason why the Government are going ahead is to save money, as the Secretary of State made clear. The Government’s own estimate is that a discount of up to 50% would reduce the number of prison places by 3,500 and save £130 million. The proposal in the Green Paper appears not in the section on victims, but under the heading

“Efficient, effective use of the courts.”

That is the real motivation. Of course cutting the deficit matters, but it is not the only thing that matters, and it is not possible to put a price on justice.

What is so radically wrong with the Government’s proposal to introduce a 50% discount for early guilty pleas is that it undermines the justice of the sentence that is finally served. Many criminals who would have pleaded guilty early anyway will benefit. Can the Minister tell us how many thousands of prisoners fall into that category? The Ministry of Justice estimates in its impact assessment that the average discount will rise from 25% to 34%, and that is totally unjustified.

As was pointed out by the right hon. Member for Berwick-upon-Tweed (Sir Alan Beith), the Chairman of the Select Committee on Justice, Ministers have produced no evidence to suggest that the proposal will affect the number of people pleading guilty early. Indeed, the Sentencing Council will say that the strength of prosecuting evidence is the crucial factor, and the Council of Her Majesty’s Circuit Judges feels that many offenders are

“irrational or dysfunctional and will not face up to the realities until the last possible moment.”

As the hon. Member for Shipley (Philip Davies) pointed out, short sentences are known to be ineffective—that is obviously why the Ministry of Justice wants to increase the number of people on them. Another problem with the proposal is that the reduction is formulaic, so those who have committed the worst offences get the biggest cuts in prison terms—that is simply not fair. This proposal will apply to terrorists and last week Lord Carlile said:

“The release of every prisoner convicted of a terrorist offence has a national security implication and the sooner they are released the greater the national security implication.”

The overwhelming problem is that the punishment will not fit the crime. My hon. Friends the Members for Birmingham, Selly Oak (Steve McCabe) and for Darlington (Mrs Chapman) pointed out that victims will feel let down and the public’s confidence will be shattered.

[Claire Perry (Devizes) (Con)]

The hon. Lady speaks with her usual passion on this subject, but did she speak with this passion when the previous Government introduced a 33% discount for an early guilty plea?

[Helen Goodman]

The hon. Lady should have listened to the debate; we have gone through that argument already.

I want to move on to the important issue of the Secretary of State’s “rehabilitation revolution”. That is what he has promised, but the cuts programme he has agreed—23% over four years, with a loss of 10,000 prison and probation staff—will make it impossible. He says that he wants to increase the number of hours that prisoners work from 22 to 40, but his own impact assessment says that that will need more up-front capital and ongoing staff costs to supervise prisoners for longer. He has already cut £170 million from prisons, which means that prisoners will be locked up in their cells for longer. We are already seeing cuts to education and restorative justice work with offenders.

He says that he wants more community sentences, but effective community supervision is impossible with the huge cuts to the probation trusts. As the Chairman of the Select Committee pointed out, we need to reinvest in community supervision, but this year Nottingham’s probation trust faces a cut of 7%, and the trusts of Norfolk and Suffolk, Devon and Cornwall, and West Yorkshire face cuts of 7.2%, 7.8% and a staggering 9.8% respectively.

The strategy is just not credible; nor are the Ministers. The year began with the prisons Minister standing in front of a burning prison as the third riot of his tenure took place. Last week, he said that “a moment’s reflection” would make it clear that giving half off a sentence would help to protect the public. He has now had a week’s reflection and we see from the Order Paper that the Government are stubbornly sticking to their policy. So I urge all hon. Members to reject the amendment and vote for the Opposition motion.