Oral Answers to Questions

David Linden Excerpts

Tuesday 24th April 2018 Commons Chamber

[Mr Gauke]

We are looking very closely at the Scottish legislation and experience. It is true that a very small number of prosecutions have been brought under that legislation. I want to reassure people that successful prosecutions have been brought in England under the existing law, but I think that there is a case for making sure that we have legislation that deals with this offence specifically.

[David Linden (Glasgow East) (SNP)]

I think that we all receive correspondence about this regularly. As other Members have done, may I encourage the Secretary of State to look at what has been done in Scotland, where we have shown leadership? The House is clear about the need for action—the will is there, so we must act.

[Mr Gauke]

We are looking very closely at how the Scottish legislation has operated to establish whether, if there is a gap, that represents a way in which we can address the matter.

Prison Reform and Safety

David Linden Excerpts

Thursday 7th December 2017 Commons Chamber

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

Thank you very much, Madam Deputy Speaker. I was concerned that I would be unable to shoehorn a mention of Paisley 2021 into a speech on prison reform in England and Wales, but you have managed it for me, so thanks very much. I will carry your best wishes back home on the 4.55 pm flight, if I make it to Heathrow on time. It is also an honour, as usual, to follow the hon. Member for Strangford (Jim Shannon).

Although I am a relatively new member of the Justice Committee, and although some of my contribution today will be based on my short experience serving on the Committee, I should note that I am speaking from the SNP Front Bench and will tailor my remarks appropriately.

The small matter of prison reform in England and Wales has dominated much of the work of the Justice Committee since I was appointed after the general election, and it will continue to feature heavily in the coming weeks and months. However, this work is not new to the Committee, given its good work on this issue in the last Session, particularly on scrutinising reforms put forward by previous Justice Secretaries.

The Queen’s Speech was a missed opportunity for the Government to introduce a Bill that would continue the reforms of the English and Welsh Prison Service. This was unfortunate, as the evidence is clear—indeed, the Committee saw for itself just last week—that the Prison Service is facing some very real challenges. The Government cannot be distracted by Brexit at the expense of modernising the English and Welsh justice systems.

Despite the required reforms being wide-ranging, I will consign my remarks to the attempts that are being made to keep people out of the criminal justice system, including the attempts to reduce reoffending. The goal of keeping people out of prison is a basic premise that I am sure we can all agree on. Not only is it good for the individual; it is vital for our wider society and economy. Prison is obviously a necessary and appropriate route for those who commit serious crimes, but detaining an individual has to be for the right reasons and it should not be seen as the automatic result for everyone who commits a crime.

Reducing the prison population is a key feature of the Government’s proposed reforms to the Prison Service and it is easy to see why that is the case. An exceedingly high prison population is not uncommon in most western democracies, but it is still worth noting that the total prison population in England and Wales on 31 March this year was just over 85,500 people. The recent prison population trend is cause for great concern and will rightly be a major influence in any reforms that the Government eventually introduce.

An exceedingly high prison population serves little good. It is not good for society, the economy or the taxpayer. In many cases, it will not be good for the offender or, indeed, the victim. The current prison population of England and Wales raises some difficult questions for the justice system. As we seek to confront this issue, we should be asking ourselves whether we are detaining the right people or if the criminal justice system still considers prison time to be the automatic outcome for the majority of those who commit crimes.

The PCS, too, has spoken of the significant changes that have affected the Prison Service. Chiefly, the prison population has doubled in the last 30 years while successive Governments have failed to protect funding and staffing numbers. That, in turn, helps to create a much more difficult, stressful and dangerous working environment for those working in the Prison Service.

I repeat that most other European countries are facing similar problems. However, we should take note of the Council of Europe report, which concludes that the UK has the highest prison population rate in western Europe. It states that England and Wales has a prison population rate of around 148 inmates per 100,000 citizens —well above the European average of 134.

In Scotland, we face similar challenges with our prison population. However, the annual daily average prison population has decreased in each of the last five years, falling by over 8% over that period, from 8,179 in 2011-12 to 7,500 in 2016-17. In addition, in the same period, the young offender population has almost halved, with numbers for remand and sentenced prisoners also dropping by that proportion.

However, the Scottish Government are not complacent. At a time when crime is at a 41-year low and recidivism rates are the lowest in 16 years, our prison population is still far too high, particularly among female offenders.

[David Linden (Glasgow East) (SNP)]

Through you, Madam Deputy Speaker, I pay tribute to my hon. Friend, who has run an excellent campaign for Paisley 2021, and I very much hope that he gets the news he is looking for tonight.

Will my hon. Friend join me in commending the Scottish Government, and particularly the Justice Secretary, Michael Matheson, for the progressive approach we have seen towards women in the prison system? Will he also welcome the £1.5 million extra for community justice services for women?

[Gavin Newlands]

Absolutely. I could not agree more. In addition, we are going to close the Cornton Vale prison in 2020, demolish the old facility and move 80 women who need more security, as well as having five new community facilities, which the £1.5 million additional investment will pay for.

Another area where the UK Government may want to take inspiration from the Scottish Government is the policy of a presumption against short sentences, which was recently augmented in the programme for government, with a plan to consult on an extension of the presumption from three months to 12 months. Overwhelming evidence confirms that short sentences simply do not work. They disrupt families and communities. They restrict employment opportunities and make it harder for individuals to access housing. Short-term sentencing does nothing for recidivism rates; in fact, the absolute opposite is the case. Short sentences are, therefore, not effective, and nor do they make sensible use of all-too-scarce public resources.

A Scottish Government extension of a presumption against short sentences gives us the very real opportunity to place Scotland at the forefront of introducing a transformative justice system. Karyn McCluskey, from Community Justice Scotland, has commented on the Scottish Government’s new policy, saying:

“A smart justice system replaces ineffective short sentences with a problem-solving focus on addiction, mental health, poverty, social exclusion and adverse childhood experiences—and recognises prevention is better than cure.”

This move by the Scottish Government has also been welcomed by the former Deputy First Minister of Scotland, Lord Wallace of Tankerness, a Liberal Democrat peer in the other place—or the upside down, as I like to call it.

[David Linden]

Careful now!

[Gavin Newlands]

I think I got away with that one.

Lord Wallace said the policy was a

“welcome and imaginative extension of the presumption against short sentences.”

Former Labour First Minister, Henry McLeish, also supports the policy, saying that 60% of those who are imprisoned for three months or less are reconvicted within the year.

Therefore, this imaginative policy from the Scottish Government is not only helping to reduce our prison population, but is doing so in a way that is helping to tackle reoffending rates and transforming criminals into valuable members of society.



The UK Government’s previous White Paper placed a strong emphasis on preparing prisoners for life after their sentence has come to an end and helping to support them to change their behaviour. Now, I support many of the Government’s aims, such as tackling health and substance misuse issues, helping to prepare individuals for working life after prison and improving access to education and training. However, it is vital that we fund and support projects, voluntary groups and charities that can effectively evidence the positive impact their work has on changing the lives of prisoners.

As the SNP’s Westminster spokesperson for sport, and as someone who has always been involved in sport, I passionately believe that Governments of all colours should be tapping into the power of sport to help to change attitudes and behaviours. As a rugby man, I am particularly interested in the work that Saracens rugby club has done to help reduce reoffending rates. Saracens rightly point out that 70% of young offenders leaving prisons in England and Wales will reoffend within 12 months, primarily due to a lack of support and motivation, low career aspirations and not having positive role models in their lives.

The Saracens’ Get Onside programme uses the power of rugby to help to improve the life chances of young people leaving the justice system. The programme is based in Feltham young offenders institution and aims to build career aspirations, to provide mentors and a link to a local sports club, and to assist in finding educational routes or employment. That will, in turn, give offenders a sense of belonging, and it surrounds them in a positive environment.

Currently, in terms of the Get Onside programme’s success rate, 92% of young offenders do not return to crime, saving the Government and the taxpayer around £1 million a year. On their website, the Saracens published a quote from a participant in the programme, who said:

“The project helped to give me belief and direction and taught me that I must be true to myself to achieve.”

This programme, and many like it, highlights how we can use the power of sport to produce tangible social benefits for individuals and wider society. Sport can play a positive and key role in helping to rehabilitate offenders, as well as playing an important preventive role in keeping people of all genders away from crime altogether. As such, the Government would be missing an open goal if they did not incorporate the power of sport into their wider reform agenda.

As the UK Government move forward with reforms, it is important to note that they have a responsibility to wider society by ensuring communities are safe and wrongdoers are dealt with in the appropriate manner. However, they also have a responsibility to those working in the justice system. It is a fact that the number of serious assaults on officers in Scottish prisons is 90% lower than in prisons in England and Wales, mainly due to the number of officers who are in the system because we did not cut the funding for officers.

I hope that the Minister can expand on the answer he gave me recently when I asked whether, given the increase of more than 1,300 in the prison population in England and Wales, 2,500 extra officers were enough. The answer was:

“The 2,500 target is obviously based on careful analysis of what we need in order to deliver the offender management model, which means one prison officer having a six-prisoner caseload, and it should be capable of allowing us to do so.”—[Official Report, 12 October 2017; Vol. 629, c. 453W.]

In his summing up, I would like the Minister to give a bit more information on that. Was the 2,500 figure arrived at assuming an increase of 1,300 in the population, or do a further 216 officers need to be hired, using the one in six ratio he gave me?

We all want to keep people out of prison, and that has to include adopting preventive and effective policies that tackle and help those at risk of reoffending. I can only hope that, as the UK Government move forward in this process, they will reject taking a flawed, ideologically driven approach and instead undertake an evidenced-based approach, taking on board the recommendations that the Justice Committee makes, to ensure that the English and Welsh justice systems can operate in modern and efficient manner.

Oral Answers to Questions

David Linden Excerpts

Tuesday 31st October 2017 Commons Chamber

[Dominic Raab]

I welcome the hon. Gentleman’s intervention, but I gently suggest that he read the position paper on the future partnership, which was published in September, because it deals directly with the question he has just asked and makes it clear that we do want to continue vital extradition relations with our EU partners.

[David Linden (Glasgow East) (SNP)]

2. What steps his Department is taking to maintain human rights standards after the UK leaves the EU.

[The Parliamentary Under-Secretary of State for Justice (Dr Phillip Lee)]

The United Kingdom has a long tradition of ensuring rights and liberties are protected domestically and of fulfilling its international human rights obligations. The decision to leave the European Union does not change this.

[David Linden]

Last week, during evidence to the Brexit Committee, the Under-Secretary of State for Exiting the European Union, the hon. Member for Wycombe (Mr Baker), said of the charter of fundamental rights:

“It is right that we leave behind the charter, and that we continue to rely on the Human Rights Act and the convention.”

Is it now the Government’s intention to stay in the European convention on human rights and to keep the Human Rights Act after Brexit?

[Dr Lee]

The European convention on human rights is separate from the European Union, so leaving the European Union does not affect our membership of the convention.

Oral Answers to Questions

David Linden Excerpts

Tuesday 5th September 2017 Commons Chamber

[Mr Lidington]

I can give my hon. Friend an assurance that the views of the Police Federation and others in his constituency will be conveyed fully to the Home Office. It remains the Government’s collective will to ensure that those foreign national offenders who merit deportation are deported as soon as possible after serving their sentence.

[David Linden (Glasgow East) (SNP)]

T8. Is the Minister aware that the Equality and Human Rights Commission has recommended that the protections afforded by the EU charter of fundamental rights be retained in the UK? What is he going to do about that?

[Dominic Raab]

I am always bewildered by the approach of the Opposition to the charter. When Labour was in power, it claimed, rather fraudulently, that it was seeking an opt-out, but now that it is out of office and we are leaving the EU, it wants to opt back in. We have the strongest protections for human rights in this country, and they have been reinforced. We are going to see no diminution in those protections, but the charter adds uncertainty and is frankly surplus to requirements.