Joint Enterprise (Significant Contribution) Bill

Grahame Morris Excerpts

2nd reading
Friday 2nd February 2024 Commons Chamber

[Kim Johnson]

My hon. Friend makes a valid point on the consequences of the landmark case of Ameen Jogee, whose mum is in the Gallery today. People are being given mandatory life sentences for murders that they did not commit. Thousands have been locked up for life because they have been deemed, in effect, guilty by association. Since that ruling very little has changed, with only one successful appeal, as is shown in the research by the Centre for Crime and Justice Studies that my hon. Friend referred to.

[Grahame Morris (Easington) (Lab)]

I compliment my hon. Friend on bringing forward this private Member’s Bill. Through her good offices, I have had the opportunity to meet some of the families involved. To describe some of the cases as egregious injustices is no understatement. One of the appalling things I have found is the inconsistent way in which joint enterprise guilt by association has been applied. There are cases where one might think it would have been applied, such as in the murder of Jay Abatan in 1999. I would like to highlight the Justice for Jay Abatan campaign, which is still fighting for justice 25 years on.

[Kim Johnson]

I thank my hon. Friend for raising that point and particularly for raising the Justice for Jay Abatan campaign, which is very similar to the Stephen Lawrence campaign.

The Centre for Crime and Justice Studies suggests that the 2016 judgment had little to no effect on the number of joint enterprise charges or convictions. Indeed, since 2016 there has been a new legal problem, whereby juries are deliberately not directed to consider the contribution that a person made to a crime, as in the case of Faisal Fiaz, who was in a parked car that was streets away from where the murder for which he was convicted occurred. Only Parliament can fix this.

A charge of joint enterprise too often leads to an assumption of guilt in the courtroom, with the defendant having to prove their innocence, turning our justice system on its head. This is a failure of our justice system, which is supposedly the best in the world, and an affront to the taxpayer, who is left footing the bill for sloppy sentencing. To quote Jimmy McGovern’s “Common”,

“joint enterprise might allow it, natural justice does not.”

If passed, my Bill will fix this wrong turn and help to return the law to its original intention.

Joint enterprise is currently wielded as a blunt instrument by the courts, allowing people who have not made a significant contribution to a murder to receive a mandatory life sentence. Lawyers and campaigners often describe the decision to prosecute or sentence someone to life as Russian roulette. My Bill seeks to enshrine in law the condition that a person can be prosecuted under joint enterprise only where they are proven to have significantly contributed to a crime. This would raise the bar for prosecution and provide the jury with the tools to differentiate between defendants who deserve to face a mandatory life sentence for the role they played in a serious crime and those who do not. There are countless cases where it is clear that we need a change in the law to provide juries with the basic legal test contained in my Bill.

Violence Reduction, Policing and Criminal Justice

Grahame Morris Excerpts

Wednesday 15th November 2023 Commons Chamber

[Grahame Morris (Easington) (Lab)]

I associate myself completely with the remarks of my good and hon. Friend the Member for Liverpool, West Derby (Ian Byrne). I had not originally intended to speak in this debate, but given the appalling slaughter and suffering in the middle east and the ongoing tragedy in Gaza, I have to do so. As the Member of Parliament who brought forward the motion to recognise the state of Palestine, which was approved in the House on 13 October 2014, I am often a target for those who do not believe in peace or a two-state solution.

In the context of the then Home Secretary’s sowing of division and hate, it is interesting that hon. Members have referred to Remembrance Sunday, when I was moved and overwhelmed by the words, some of which I would like to share, of the Roman Catholic priest Father Marc Lyden-Smith. He said that although Remembrance Sunday is a time when people wear red poppies—a well-established tradition—he had for the first time seen someone wearing both a red and a white poppy. When he asked why, their reply was, “Red is for remembrance and white is for peace.” I found that very thought-provoking. Our hope in remembrance is grounded in peace, a peace that so many have given their lives for. We must remember that peace looks forward to what we are trying to build: justice, harmony, wellbeing and the opportunity for all to flourish.

The most powerful part of Father Lyden-Smith’s sermon was towards the end, when he reminded us that

“Jesus said: ‘Blessed are the peacemakers’. He did not say: ‘Blessed are those who won the war, those who had sufficient resources and advanced weaponry to crush their enemies’. He said: ‘Blessed are the peacemakers’—those who work to build a world of peace. We can all be peacemakers.”

We can all work towards bringing about peace internationally. We should let today be a wake-up call for us all, on both sides of the House, to work for peace and, when we pray every morning before the session starts, to work for reconciliation, understanding and harmony. That begins in this House, in our communities, in our homes, in our families, in our friendship groups and especially in our hearts.

Today, I will vote for a ceasefire. I will vote for peace. I will vote for a state of Israel and a state of Palestine to live side by side in peaceful coexistence. The horrors, death and destruction that we witness daily on our TV screens are a breeding ground for hate; but if we are ever to secure peace, and a lasting peace, we cannot be driven by hate. I vote for a ceasefire and I call on all hon. Members, but particularly the Prime Minister and the Leader of the Opposition, to use their platforms and positions of authority not only to secure humanitarian aid amid the horrors we see in Gaza and have witnessed in Israel, but to work every day towards a lasting peace and the safety and the security that all people in Israel and Palestine deserve.

[Mr Deputy Speaker (Mr Nigel Evans)]

I will call the Front Benchers for the wind-ups no later than 6.40 pm.

Prison Capacity

Grahame Morris Excerpts

Monday 16th October 2023 Commons Chamber

[Alex Chalk]

My hon. Friend is absolutely right. Those are some of the most appalling crimes, which shatter not just the lives of the victims, but potentially those of so many others, including the victims’ friends and families, and he is absolutely right that we need to make sure there is always sufficient custodial capacity for that to take place. That is why I am announcing today that we will roll out a programme to buy the very locations we need next year, with additional money, to ensure that, well in advance of the prison builds needing to come on line, we have the planning permission in place so that there is the pipeline of places to ensure that justice can be done.

[Grahame Morris (Easington) (Lab)]

To be fair to the Lord Chancellor, from the length of his answers there is no doubt he is against shorter sentences. [Laughter.]

My question is about overcrowded and understaffed prisons that make rehabilitation almost impossible. Many prisoners now leave jail more criminalised, more traumatised and, indeed, more dangerous than when they first arrived. While the measures outlined today may make a positive impact, the Government must go further. Will the Secretary of State commit to tackling the crisis in prison officer retention by starting with the Prison Officers Association’s key demand to reduce the pension age, which it insists has a massive effect on morale and, therefore, on the retention of prison officers?

[Alex Chalk]

I thank the hon. Gentleman. In fairness, that was quite a good joke; it was not bad—

Oral Answers to Questions

Grahame Morris Excerpts

Tuesday 22nd November 2022 Commons Chamber

[Grahame Morris (Easington) (Lab)]

18. If he will establish a royal commission on prisons and the wider criminal justice system.

[The Minister of State, Ministry of Justice (Damian Hinds)]

The hon. Gentleman will know of our commitment. Following the pandemic, it is also right that we prioritise recovery in the criminal justice system.

[Grahame Morris]

Notwithstanding that answer, which I thank the Minister for, a little earlier the Justice Secretary referred to manifesto commitments, and I remind the House that the Conservatives made a manifesto commitment to establishing a royal commission on criminal justice, but that is looking like a pretty slim commitment. Prisons in particular are at the heart of our criminal justice system, and they are in crisis, plagued by violence, drugs, squalor and a shameful lack of meaningful rehabilitation activity. Does the Minister accept that the priority must be a full public inquiry with statutory powers to find out what has gone wrong?

[Damian Hinds]

The hon. Gentleman is of course right about the commitment, and I referred to it in my opening response. It is true that the coronavirus changed many things, including causing significant issues in the criminal justice system and in prisons. We have published the prisons White Paper, which sets out a strategy for further improvement in all aspects of the secure estate, and I am pleased to be able to report significant progress on matters such as employment, which we know is important to reducing reoffending, and accommodation, with a five percentage points reduction in the number of individuals leaving prison who are homeless or rough sleeping.

Oral Answers to Questions

Grahame Morris Excerpts

Tuesday 5th July 2022 Commons Chamber

[James Cartlidge]

My right hon. and learned Friend has made an extremely good point. He is aware of the article to which I referred in my answer to my hon. Friend the Member for Bromley and Chislehurst—the Chairman of the Select Committee—in which I made clear my wish to engage with the Criminal Bar Association on the next stage of reform, which includes the advocates’ graduated fee scheme and some of its core elements that were not in the first phase. As I have said, we adopted that two-phase approach precisely in order to deliver the initial increase in fees as soon as practicable, and it will be introduced in September: a 15% increase for criminal barristers working in magistrates courts and police stations and for those in the AGFS. We think that that is a very generous offer, and we hope the members of the CBA will think about it and stop their disruption of our courts.

[Grahame Morris (Easington) (Lab)]

T8.   I understand that the Government have now received the recommendations from the Prison Service pay review body for a rise in prison officers’ wages. I do not know whether the Secretary of State chats to any security guards on the House of Commons estate, but many of them are former prison officers who left the service because of poor pay and bad terms and conditions in our prisons. When will the Secretary of State respond to those recommendations, and will he agree to follow them in full and not pick and choose, which is what has been done for the past three years?

[Dominic Raab]

The hon. Gentleman has raised an important issue. I am considering the recommendations very carefully, and will respond shortly.

Community Payback

Grahame Morris Excerpts

Tuesday 28th June 2022 Commons Chamber

[Grahame Morris (Easington) (Lab)]

It is a pleasure to speak in this debate. I declare some interests: I work with the Justice Unions Parliamentary Group, as I mentioned in my intervention on the Minister for Crime and Policing, and I recently spoke at the POA conference in Eastbourne. In recent weeks, I have spoken in debates about the need for a national policing strategy for anti-social behaviour and for off-road bikes, and about repeat offenders and sentencing.

I did not intervene on the hon. Member for Aylesbury (Rob Butler), but he said that the Conservative party is leading the way. I have served in this House for several years now, and I well remember that in 2011, the then Justice Secretary—who had held many high offices of state, including Chancellor of the Exchequer and Health Secretary, and now serves in the other place as Baron Clarke of Nottingham—proposed a similar solution, although in those days it was called a non-custodial sentence rather than community payback. The prison population was 85,000 then, but because of criticism from his own side, the then Justice Secretary had to back down. I well recall his statement, when the then Speaker remonstrated with him about the length of his answers; I said in his defence that I thought that that was a terribly unfair criticism because the Justice Secretary had already indicated that he was against shorter sentences. [Laughter.] Thank you.

I highlighted the difficulties experienced in our prison system and the lack of rehabilitation in a recent debate, to which the Under-Secretary of State, the hon. Member for South Suffolk (James Cartlidge), responded. The hon. Member for Warrington South (Andy Carter), who is no longer in his place, spoke very well in that debate and was very constructive.

There are concerns among people who work in the system. I agree with the Minister for Crime and Policing that for community payback to be effective, it must be a team effort, but there are issues in our prison system with lack of rehabilitation and with the unsafe working environment for those in the Prison Service—not just prison officers, but prison educators and others. There is a serious threat to life and threat of injury for prison officers, whose service and commitment to public safety often go unnoticed behind the prison walls.

It is my intention to continue to raise the frustrations of police officers about pensions, particularly for new recruits. They have seen the number of their colleagues cut over the past year; there are fewer experienced police officers, and they are struggling to contain rising crime and antisocial behaviour. I know Ministers will say that we are recruiting extra officers, but we lost 20,000. We are running to catch up with where we were in 2010. I have the utmost admiration for the police officers who seek to ensure that our streets are safe, but many are new recruits. We have lost experience, as we have in probation and many other areas, and it will take many years to get that experience back.

Yesterday, we saw criminal barristers on strike, walking out of courts. Let me say for the record that as a Labour MP and as a lifelong trade unionist, I will always stand up for working people in their fight to protect their pay, pensions and terms and conditions, whether they are barristers, rail workers or postmen and women.

After 12 years of Conservative Government, there are frequent and systemic failures across our whole criminal justice system. Only yesterday, I had to raise a complaint about a constituent who has twice been unable to report crimes via the 101 service, owing to extended delays in answering calls. Today we are looking at community payback, but we will never even get to that point if the public cannot report crime. The hon. Member for South Suffolk may recall that I highlighted a particular case in last week’s Westminster Hall debate and subsequently wrote to him about it; he asked me not to raise it individually at the time because it was still ongoing.

On the surface, crime figures may appear to be declining in particular areas, but in the case that I pointed out, many in the community, including the victims, considered the sentence overly lenient. They have lost confidence in the system and are less likely to report crimes; in fact, the individual affected has said that under no circumstances will he ever go through it all again, because he does not feel that justice has been served. There are not enough police officers to attend incidents in a timely manner, and criminals are not being convicted because of court delays and backlogs. Sadly, the Government are refusing to take responsibility, but the decision to close 164 out of 320 magistrates courts since 2010 is clearly not helping the backlog.

The Government are undermining the quality and quantity of community sentences. In 2019, the chief inspector of probation found that because of the Government’s “Transforming Rehabilitation” reforms, which split probation provision into the public sector National Probation Service and privately owned community rehabilitation companies, probation services are

“failing to meet all performance targets…In too many cases, there is not enough purposeful activity…The probation profession has been diminished…There is now a national shortage of probation professionals”.

The chief inspector noted that there is too much reliance on unqualified or agency staff, and that

“in the day-to-day work of probation professionals, there has been a notable drift away from the evidence base”.

I think the Government acknowledge that privatising probation was an error, because they renationalised it, but these issues prevail. The courts are less inclined to give community sentences. My hon. Friend the Member for Denton and Reddish (Andrew Gwynne) mentioned the reduction in the number of such sentences. Indeed, there has been a 46% decrease in England and Wales over the past 10 years, and a 25% fall in the four years between 2017 and 2020 alone in my region, the north-east. A decline in community sentences may indicate a more hard-line approach, given the increase in the use of custodial sentences. However, the prison population is lower today than it was in 2010. I do understand that during the pandemic there was less crime, and I think that the prison population fell by about 6% during that period, but what we have now are fewer police officers, fewer courts, and fewer community and custodial sentences.

The Conservative party often tries to portray itself as the party of law and order, but the statistics and the experience on the streets suggest that it is more the party of crime and disorder. Recently—and quite regularly—the Government have said, “Well, what would you do?” It is easy to throw stones and criticise.

[Kit Malthouse]

I am sure the hon. Gentleman will acknowledge that while different types of crime can fall in different ways, some serious volume crimes are, according to the Office for National Statistics, well down on where they were three years ago. Burglary is down, robbery is down, theft is down, and admissions to hospital with a knifepoint injury are well down. There are areas of concentration, to which we have given significant priority and resources, which are now significantly down across the country. That is British crime survey data, not data for reported crime.

--- Later in debate ---

[Grahame Morris]

I acknowledge the Minister’s intervention. My concern, which I raised earlier in my speech and also last week, is the number of people who, because of a lack of confidence in the criminal justice system, are simply not reporting crimes—not necessarily the very serious crimes involving physical assault but crimes that we might classify as minor, including antisocial behaviour.

[Kit Malthouse]

As I am sure the hon. Gentleman knows, we use two methods to measure crime. There is recorded crime, as he says, which is sometimes affected by sentiment, but the more accurate measure—the one that is generally used—is the British crime survey, which contains data that is not impacted by the kind of sentiment to which he is alluding, and that data shows that these important crime types are significantly down.

[Grahame Morris]

I am grateful to the Minister for that intervention. However, let me return to the frequent criticism of Labour for not being definitive enough in proposing alternatives. Let us be no doubt about this: Labour is not soft on crime. Through new community and victim payback orders, we would make offenders pay back to the communities they have harmed. I think that that is an excellent idea, and I hope there is a basis for us to move forward together, given that Labour has a solid policy that commands support in the community.

Labour would set up police hubs—indeed, we have an embryonic police hub in Horden, in my constituency—in our towns and larger villages, and would put more police back on the streets. That would give residents direct access to a way of sharing their concerns about their community. We all know that the most effective policing is intelligence-led, and features close co-operation with a community who can often identify those who are involved in crime. Finally, Labour would create new neighbourhood prevention teams, which would bring together police, community support officers, youth workers—that is very important—and council staff to tackle the causes of the antisocial behaviour that is blighting so many communities.

The Prime Minister, the Home Secretary and the Justice Secretary know that the cuts of the past 12 years were wrong, and I welcome the U-turn at the 2019 election, when it was proposed that 20,000 police officers be rehired, but the public should remember that they were, in the main, present for, and voted for, each and every cut to our criminal justice system over the past 12 years. When it comes to community payback and rehabilitation—although I believe in the concept—the Prime Minister, the Home Secretary and the Justice Secretary are repeat offenders. It will take many generations for the criminal justice system to recover from the wanton attacks and mismanagement of this Government.

While we can restore numbers relatively easily, the decades of experience that we have lost among skilled professionals—in the police and the probation service, and among prison officers—are not so easily recovered. Even following the recruitment drive to which the Minister referred, there are still nearly 24,000 fewer police staff today than there were in 2010, and over 6,000 fewer special constables. That is 30,000 fewer people seeking to prevent crime and catch offenders. Moreover, the closure of so many magistrates courts means that we have halved the court capacity to process offenders who are caught and charged.

The probation service recently launched a recruitment drive—the Minister mentioned this—to attract 500 extra community payback staff. The question I want to ask is this: how does the Minister expect to attract people to these important roles, given that retention, let alone recruitment, is struggling? The probation union Napo tells me of issues involving staff feeling unsafe at work—that may be partly due to concerns about covid—frustrations over stagnant pay and a lack of progression in jobs, and, overwhelmingly, covid-induced backlogs that are still clogging up the system.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. I hesitate to interrupt the hon. Gentleman, but I hope that he will soon bring his remarks to a conclusion. He has not done anything wrong—he is behaving perfectly properly—but although I did not impose a time limit originally because I thought that that would allow freer debate, I will have to ask Members who speak after the hon. Gentleman to take about six or seven minutes, because we want to finish the debate at about 4 pm.

[Grahame Morris]

I shall heed your advice, Madam Deputy Speaker. Let me end by saying this. In the opinion of many—myself included—our criminal justice system is falling apart, and the Government should be finding a way to fix it rather than just using it as a means of silencing their critics. I must say how disappointed I am that the Police, Crime, Sentencing and Courts Act 2022 is being used to silence Steve Bray just yards away from here. I know that many of us have had brushes with Mr Bray, but his voice is being silenced today, and by tomorrow, many of us who have never demonstrated before could be subject to prosecution under that law.

--- Later in debate ---

[James Cartlidge]

I will give way to the hon. Member for Easington.

[Grahame Morris]

I thank the Minister for giving way. He is absolutely right about the Police, Crime, Sentencing and Courts Act, which comes into force today, but the problem we had was that it was take it or leave it. We had to take the whole thing or reject the whole thing. Can I ask the Minister whether it is a good use of taxpayers’ money and police resources when more than a dozen of the Metropolitan police and several vehicles were involved in the arrest of Steven Bray under the terms of the Police, Crime, Sentencing and Courts Act for using a loudhailer outside Parliament? I think it is outrageous.

[James Cartlidge]

These are operational matters for the police, who are independent of Government. The point I am making is that the Opposition could have chosen to support those many measures. If we look at those measures as a whole, they send a signal that this party is tough on crime. The Opposition voting against them sends a wholly different message.

Sentencing: Repeat Offenders

Grahame Morris Excerpts

Tuesday 21st June 2022 Westminster Hall

[Grahame Morris (Easington) (Lab)]

I beg to move,

That this House has considered the sentencing of repeat offenders.

It is an absolute pleasure to serve under your chairmanship, Sir Gary. Attendance at today’s debate is affected by the debate in the main Chamber on access to GP services and NHS dentistry, but there is plenty to get our teeth into with the issues that we will be discussing over the next 90 minutes or so.

My initial point is that the Government are failing to deliver an efficient and effective criminal justice system. Instead of defending the indefensible and playing down law-breaking in Downing Street, the Justice Secretary should tackle the crime wave caused by repeat offenders, who are menacing our communities. The criminal justice system is failing communities at every level, and the Government are also failing our police, Crown Prosecution Service, Prison Service and probation service, thereby compromising public safety.

I must declare my interest: I was honoured to be invited to, and to speak at, the Prison Officers Association annual conference in Eastbourne last month, where I heard from numerous prison officers about ever worsening conditions in our jails. I am also a member of the justice unions parliamentary group, which is a coalition of the Prison Officers Association and its sister unions, including Napo, which is the probation officers union; the Public and Commercial Services Union; the University and College Union, which represents prison educators; and the Police Federation of England and Wales.

Before I continue, it would be remiss of me not to take this opportunity to thank the exceptionally hard-working neighbourhood police teams who serve my constituency of Easington in County Durham. From the many conversations we have had, I know that they are frustrated, and I share their frustrations. Recruits join the police service to serve their community, to be on the streets and to protect the public. They do not expect to spend hours on the telephone effectively handcuffed to the desk, waiting for the overworked and understaffed Crown Prosecution Service to return charging decisions. While police officers are tied up with administrative tasks, the community clearly loses out, because the officers are not available to tackle the issues on the streets. Added to the mix is the loss of 20,000 police officers since 2010, which—make no mistake—was a political choice by the Conservative Government. I welcome moves to restore police numbers, but it will take many years, if not generations, to recover the years of lost experience.

Police officers work under challenging circumstances on the frontline, and they pick up the pieces when repeat offenders are released back into the community. In a letter to the Minister dated 9 June, I outlined the case of a prolific offender who has been charged more than 100 times with various offences. When he recently went to court, he was handed a community sentence—a non-custodial sentence—and a £10 compensation order, which is being paid at 25p a week. The victim is understandably disgusted and said he lacks confidence and faith in the criminal justice system.

[James Daly (Bury North) (Con)]

I completely agree with what the hon. Gentleman says on the facts that I have heard about this matter. He can accuse the Government of many things, but the sentencing function is for the independent judiciary or magistracy; it is not the responsibility of the Minister. There is much to be discussed on a political level, but certainly not sentencing policy and what sentences are imposed in such circumstances.

[Grahame Morris]

I thank the hon. Gentleman for his intervention, and what he says is reasonable. I have just been reading a book about the former Director of Public Prosecutions and his early career; he is now the leader of the Labour party, I believe. [Laughter.] He was at pains to provide sentencing guidelines in discussions with Ministers—Conservative Ministers, I might add—to try to address some of these issues. I do not think that Ministers can completely wipe their hands of responsibility.

I will elaborate some of the related issues and explain why prison is not as effective as it might be, although it is an important alternative, particularly for serial offenders. As I said, the victim of the particular crime that I referred to has completely lost confidence in the system and has said that he would not give evidence in future, because he thought that the sentence that was given was inappropriate—in fact he said that it was laughable.

When a case goes to court and the outcome is an affront to justice, it is the police who experience the fall-off in public confidence. Members might be aware that YouGov regularly conducts a survey in which it asks the public whether they have confidence in the police’s ability to deal with crime in their area. The trends are very worrying; 47% of the public lack confidence in the ability of the police to tackle crime, compared with only 43% who are confident in the police. Overall, the number of people who believe the police are doing a good job—nationally, and not in County Durham; I think we have an outstanding police force—has fallen from 75% to 53% in the last two years. I hope that sets alarm bells ringing for Ministers.

The failure is systematic. When I presented my Prisons (Violence) Bill in the previous Session of Parliament, I warned that offenders often left prison more damaged and more dangerous than when they arrived. The out-of-control levels of prison violence make rehabilitation in the current circumstances practically impossible. That leads to more reoffending, at a cost of tens of billions of pounds a year to the criminal justice system, as well as causing misery for millions of victims and their loved ones, who have to live with the consequences of even more crime.

That situation is more than an appalling waste of both public money and people’s lives; it is nothing less than a crime against our communities, and I must say that the Government are complicit in it. The Conservative Government and all Ministers are responsible, first, for the devastating cuts to the budgets of the Prison Service during the coalition years of austerity. It was those cuts that triggered the escalating level of violence in prisons. For example, the number of prison officers was cut by a quarter. That meant that a massive amount of experience, held by experienced prison officers, and of that most precious resource, which prison officers refer to as jailcraft, was taken out of the system at a stroke. The vacuum that was created was quickly filled by prisoners who had become more experienced than many officers on the landings of our prisons. The vacuum has also been filled by violence.

Despite recent recruitment drives, the Prison Service has lost almost 90,000 years—I repeat, almost 90,000 years—of prison officer experience since 2010. That is a shameful statistic, but it just gets worse every year. As the experience of the prison officers who are in charge of our prisons goes down, violence goes up; there is a direct correlation. In turn, that leads to even more officers leaving the service. Not surprisingly, the retention rate for prison staff is at a record low, as of course is their morale.

It has not helped that this Government have raised the retirement age for prison officers to 68. Frankly, for prison officers—both men and women—who are grappling with young and fit criminals, 68 is far too old. It is a cruel policy, which we have discussed on many occasions in this place.

The Government consistently ignore the advice of their own experts. The Prison Service Pay Review Body has proffered advice that prison officers should be given a proper pay rise. Ministers have ignored experts for three years running, and we are currently waiting for them to respond to this year’s pay review body recommendations.

The Government broke our Prison Service when they robbed it of resource, in the name of austerity, and now they need to fix it if they want to have any chance of reducing reoffending. The Government have also broken our probation service with a failed privatisation experiment. They took an award-winning service, envied and held up as a model and example around the world, and smashed it—fragmented it into little pieces, each to be run for private profit.

[Andy Carter (Warrington South) (Con)]

I had the opportunity to visit Thorn Cross prison on Friday and meet the excellent governor, Richard Suttle, who showed me around the site. I was struck by the number of employers now based in the prison, helping young people who are about to leave to find work. The hon. Gentleman talked of reoffending. The Government have taken significant steps to ensure that, when young people in particular leave prison, there is a work-based route for them. Does he acknowledge that that makes a significant difference to the number of people returning to prison?

[Grahame Morris]

That is a good and sensible point, but I draw the hon. Member’s attention to the report of the Select Committee on Education, chaired by the right hon. Member for Harlow (Robert Halfon). That is quite scathing about the opportunities provided by the education service in prison.

[Andy Carter]

The Committee visited the same prison I did, and highlighted the outstanding work at Thorn Cross. Businesses such as Timpson ensure that, when people leave prison, they have a solid job to go to. That work starts inside the prison. I acknowledge many of the comments in that report, but Thorn Cross was highlighted as one prison with an outstanding performance of reducing reoffending.

[Grahame Morris]

That must be one of the prisons on my list to visit, though I hope not as an inmate. I received numerous invitations from prison officers when I was in Eastbourne. I held a surgery for prison officers to raise concerns, anonymously if they wished, and there is a catalogue of issues to be addressed. Prison education is certainly one of those, but that is normally delivered by members of the UCU, the prison educators, who have an unenviable task, which I will come to in a moment.

I want to continue my point about the role of probation. In the complex jigsaw of the criminal justice system, there are vital elements: the police; magistrates; the Crown Prosecution Service; prison officers; the prisons themselves, which should be properly staffed and resourced; probation and prison educators. Those are all important elements of that mosaic. Probation officers play a vital role that is largely unrecognised in reducing reoffending. That is what their jobs are all about and how we gauge their success. They perform a vital public service, protecting our communities from crime, while helping ex-offenders to develop the skills they need to turn their lives around.

By introducing a profit motive into probation—a mistake since acknowledged—the previous Government betrayed the highly skilled and priceless work done by probation officers with many years of experience, leaving their pay, terms and conditions at the mercy of private firms, which tried to reduce their role to little more than a tick-box exercise. That led to a flood of resignations, with people leaving the system, and all the problems we saw as a result.

Even now, two years after the Government admitted defeat and announced a full reintegration and renationalisation of probation, the service is still in the midst of a recruitment and retention crisis, very similar to the one in prisons. Napo has told me about the workload crisis facing its members. Many probation officers are working over their recommended offender management levels—the number of cases they have to look after—by between 20% and 50%, and in one case, by over 90%. The staffing and workload crises in probation have had terrible and tragic consequences in the past. It is no wonder that the mental health of many probation officers is at breaking point.

The Government have put the public at serious risk from reoffending by trying to run prisons and probation on the cheap, and undermining the pay and terms and conditions of those critically important workers in the process.

[James Daly]

The hon. Gentleman is being very generous in giving way. I have the greatest of respect for him, but I am failing to follow what he is trying to say. I assume that on behalf of his constituents he is saying that we need to impose more custodial sentences on repeat offenders. If that is the case, he is arguing that we should send more repeat offenders into a custodial environment. He is then arguing that we need to do something different in the custodial environment. Rather than using generic figures, will he tell us precisely what he disagrees with in terms of Government policy being implemented in prisons to aid the rehabilitation that we all seek?

[Grahame Morris]

The hon. Gentleman has got the thread of my argument precisely. I am not arguing in a contrary fashion, because I believe that repeat offenders—people involved in serial offending—need to be incarcerated for the protection of the communities and themselves. However, I do feel that in prisons, over a number of years now, the resources have not been made available to effectively prevent reoffending by offering alternatives and rehabilitation to those people who are incarcerated. I hope I can go on to develop that argument, but it was a good point, and I thank the hon. Gentleman for his intervention.

The greatest tool to tackle record rates of reoffending must be effective rehabilitation. At the heart of rehabilitation is education, which is desperately needed by so many prisoners. Prison education is a complete mess; that has been confirmed by independent inspectors, by the Education Committee, which is highly respected, and by Ofsted. The Government have announced plans for yet another shake-up, promising a new prison education service—I hope the Minister will say something about that. Unfortunately, details are still very thin on the ground. Ministers have had little to say about teachers, who, it might be thought, would be central to any new strategy to turn around the current, failing system. The Education Committee’s report said:

“Poor pay, lack of career development, unsafe working environments and no time or respect to do a quality job has left the recruitment and retention of qualified and experienced prison educators at crisis point.”

I hope that the Minister will listen, if not to me, then to the Education Committee, which is chaired by a Conservative, the right hon. Member for Harlow.

The problem is the Government’s ideological obsession with running key services, including the criminal justice system, for profit. Four giant prison education providers compete for business while cutting all sorts of corners to maximise profits. According to the union sources I have spoken to, pay and terms and conditions can vary widely. Any serious plan for fixing our broken prison education system should start with standard contracts across the whole sector, plus a pay rise to bring wages up to comparable roles outside. I do not want to go into the details of the issues that have been highlighted to me, but there are things that I hope will be included in the new prison education strategy, which the Minister might refer to when he responds.

Prisons are simply not fit for purpose. In the main, that is as a result of this Government’s savage cuts and poor treatment of the workforce—and all of us are paying the price. However, I believe that prison can and must work. A custodial sentence for a repeat offender provides the community with respite from their offending. In the communities that I represent, which in the main are fairly poor, a relatively small number of prolific offenders cause havoc and cause the majority of crime and antisocial behaviour.

[Dr Dan Poulter (Central Suffolk and North Ipswich) (Con)]

I congratulate the hon. Gentleman on bringing this debate today. He rightly talks about being tough on crime, tough on the causes of crime, which is a Blairite mantra; I am sure that we are all Blairites in that respect today. Does he agree with me that in respect of stopping reoffending, there is a particular challenge with the number of people in prisons who are dependent on opioids and other drugs, and that it is important that we get the right planning in place for those people when they are released from prison to make sure that issue is tackled, because it is a root cause of reoffending?

--- Later in debate ---

[Grahame Morris]

A whole section of my speech was on the need to reform drugs policy. Quite frankly, many of the most prolific offenders are linked to organised crime gangs and their links with the illicit drugs trade. I have done quite a bit of work as vice chair of the drugs, alcohol and justice all-party parliamentary group and I was heartened by the report published by Dame Carol Black in her review of drugs policy. She highlighted the need to divert resources into that area and quoted some quite interesting figures, showing that

“a cohort of around 300,000 heroin and crack users drive nearly half of all acquisitive crime and homicides. Spending an average of £40 to £50 per day on drugs, these users cycle in and out of prison”

in a kind of revolving door. The hon. Member for Central Suffolk and North Ipswich (Dr Poulter) is right; that is a huge issue that we, and the Government in particular, need to address.

It is important that we address rehabilitation and proper prison education. There are some good models where they work very well. When the criminal justice system fails, it fails communities such as mine, which suffer from crime, antisocial behaviour and all the things that go with that. The Conservatives have portrayed themselves as the party of law and order and they like to claim that tag. However, the reality is that if we look at the prison system and the amount of reoffending, the Conservatives are the party of crime and chaos.

Cutting police funding by £1.6 billion since 2010 means it is not surprising that the number of people saying they have never seen a police officer on foot patrol has doubled in that time. I look forward to making the case and standing on a manifesto at the next election setting out Labour’s commitment to community policing. Multi-agency neighbourhood police hubs will deliver not only responsive policing but, more importantly, preventive policing. Highly visible policing may have an up-front cost and seem expensive, but effective policing can deliver significant savings further down the line in the criminal justice system. More importantly, effective and preventive policing creates happier, healthier and safer communities, reducing the number of crime victims.

In conclusion, I have some questions to put to the Minister. Twelve years after taking office, when will we have more police officers, police staff and community support officers than in 2010? The 20,000 promised at the last election was, in my opinion, an admission of failure—that the cuts had gone too deep. For our prisoner officers, my ask is this: what action is the Minister taking to tackle prison violence and allow prisons to reform, rehabilitate and educate offenders? Why are the Government refusing to measure the level of violence against prisoners and staff as part of their new key performance indicators, as I called for in my private Member’s Bill in the last Session? We want prisons to reduce reoffending and not hold offenders only for a defined period.

On the causes of crime, can the Minister deliver a practical and sensible solution to disrupt organised crime gangs and break the cycle of offending and reoffending with a reform of drugs policy? We need to overcome misinformation and political dogma to focus solely on cutting crime and the causes of crime.

[Several hon. Members rose—]

--- Later in debate ---

[Anthony Mangnall]

My hon. Friend is absolutely right. The nature of policing has changed and we have to be clear about how we tackle crime. I do not expect to see as many officers on foot patrol, but I expect to see more of them driving about. Sir Gary, you did say that this debate is about sentencing, so I will get back to that topic. First, it is about crime prevention, and secondly—the hon. Member for Easington (Grahame Morris) touched on this—it is about people who repeatedly commit crimes and find themselves with unduly lenient sentences, such as his constituent.

It is not for Members of Parliament to stand in this place and decide what a sentence should be, but perhaps the Minister will clarify what the Police, Crime, Sentencing and Courts Act will do to enhance sentencing, because our understanding was that we would have the opportunity to be more stringent when it comes to those who repeatedly commit crimes. I do not want to take up a significant amount of time, but I do want to talk about one way in which we can deal with repeat offenders, which is rehabilitation.

There are three programmes that are relevant to where we are from, Sir Gary. The first is LandWorks, a local organisation in south Devon that works with those who are at risk of going to prison or are coming out of prison and likely to reoffend. It does it in three ways: engagement through a market garden, through pottery and through woodwork. It is a hand-holding exercise for those leaving prison to ensure that, from leaving prison to re-entering society, there is an opportunity to help them to re-enter and ensure that recidivism is not just something that we presume will happen.

I have visited LandWorks and I have asked the Minister of State, Ministry of Justice, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), to visit. The Minister answering the debate today is of course welcome anytime in south Devon—it is amazing how many Ministers want to come down over the summer, so he could take a quick holiday and a jaunt to that extraordinary organisation that works to reduce reoffending. It helps the police and the Prison Service, who feel helpless, by ensuring that we do not have more and more prisoners going back in. As a Conservative, I believe passionately that we should have a tough stance on crime but I also believe that the purpose of prisons is rehabilitation and that people deserve a second chance, so we have to find a balance between those two positions.

The second group I will reference is Pathfinder, which has been launched with the police. It is an evidence-based intervention that reduces harm and reoffending and can hold offenders to account for their actions. The scheme integrates offenders and the police, so that they can work together to ensure that offenders do not go down the predicted path of reoffending and are held to account through targets and checklists that they must fulfil. Strict adherence to the programme is already showing some successes.

The third initiative is NHS Reconnect. I recently met someone who was working intimately with the NHS Reconnect service who made the point that after they had left prison they never thought they would be able to get a job in something as big and as brilliant as the NHS. NHS Reconnect is the perfect example to show, as my hon. Friend the Member for Warrington South (Andy Carter) said, how businesses and public organisations and institutions can play a role. If we can help offenders to find a way into those schemes and structures, we can divert them from the predicted course, and that is where we have to focus.

Using those three initiatives—Landworks, Pathfinder and NHS Reconnect—we have the opportunity to disrupt the chain, the concept and the belief that reoffending is the natural course after leaving the prison system. The statistics accurately prove that crime in our part of the country is going down; I am sorry to keep referring to south Devon but, anecdotally, I am sure there are similar examples across the country, and in fact the statistics prove that. With the police and others coming up with innovative schemes, such as the councillor advocate scheme, we have a way to disrupt.

[Grahame Morris]

I am a great believer in statistics and often quote them, but my constituent told me that he, and others in the same boat, would not report crime in the future because of his terrible experience in the criminal justice system and because he is dissatisfied with the outcome.

[Anthony Mangnall]

I absolutely accept the hon. Gentleman’s point. I am not for a second saying that everything is rosy, but when we look at the crime statistics there are some positives to be taken away. That is not to say that there is not more work to be done; complacency can never have any foothold in our legal or police systems, or in the system of support against reoffending.

I have taken up more time than I expected, but I finish by asking the Minister, can the 2022 Act be improved in relation to the points raised? Will he also speak about the prison strategy White Paper that is coming forward? My hon. Friend the Member for Central Suffolk and North Ipswich (Dr Poulter), who is no longer in his place, mentioned the drugs strategy. As I understand it, the drugs strategy was launched in 2021 and we have made £780 million available for it, of which £120 million will be made available to prisoners. Is there any interest in expanding that? Will the Minister report back on how that scheme is working and operating, and whether it has an impact on reducing reoffending?

--- Later in debate ---

[Grahame Morris]

I thank the Minister not only for what he has said, but for his tone and for being so constructive in responding to the debate. I thank my hon. Friend the Member for Stockton North (Alex Cunningham), my good friend the hon. Member for Strangford (Jim Shannon), the hon. Members for Totnes (Anthony Mangnall), for Warrington South (Andy Carter) and for Bury North (James Daly), and the hon. Member for Central Suffolk and North Ipswich (Dr Poulter), who is not in his place. We have had some excellent and constructive speeches and interventions, and I am pleased that the Minister has taken them on board. I have learned a new word: recidivism. I cannot say it, but I know what it means.

The Minister is absolutely right to suggest that there is no single medicine or antidote to the problems that we are facing. We need a combined approach—a broad-spectrum antibiotic—to deal with the multifaceted issues that we face in tackling reoffending. I was heartened by what he said in relation to the additional moneys that are being channelled through the Prison Service to tackle the issue of drugs and alcohol.

I would also like to highlight that, apart from in Durham—we all know it is the centre of the universe for initiatives and policing schemes—there are some excellent police-led, out-of-court disposal and drug diversion schemes. There is Checkpoint in my area, Turning Point in the west midlands, and the drug education programme in Avon and Somerset. They have all delivered early interventions that have diverted individuals away from the criminal justice system and reoffending, and into drug education, support and treatment. I make a plea to the Minister that these schemes should be expanded.

Question put and agreed to.

Resolved,

That this House has considered the sentencing of repeat offenders.

Ten-Year Drugs Strategy

Grahame Morris Excerpts

Monday 6th December 2021 Commons Chamber

[Kit Malthouse]

I am pleased to hear that my hon. Friend is delighted by the actions of her local police force. I know that Leicestershire police are working hard on drugs in her constituency and elsewhere, and they form a critical part of the team effort, not least because of the transport links: many drugs gangs transit through Leicestershire on their way to other areas from those big exporting cities.

As for the local structure, we urge the organisations—councils, largely—that are leading on the rehabilitation effort to make sure that they are tying in some of the really valuable third sector organisations that have enormous experience and are thirsting to come along and help, very often from their own sense of commitment and to do good in their community. I am sure that my hon. Friend’s local health leaders on the programme will involve the organisations that she referred to.

[Grahame Morris (Easington) (Lab)]

Clearly, the cost to individuals, communities, the criminal justice system and the police system in the north-east is increasing, and that is a huge concern. Although there is much to welcome in the drugs strategy and in Dame Carol Black’s report, it seems that the Government are placing ideology above public safety. I say that because I always want public policy to be informed by the evidence. I have a spent a good deal of time in the drugs, alcohol and justice cross-party parliamentary group and there is ample evidence for the positive effects of heroin-assisted treatment programmes. Will the Minister consider the evidence and reconsider his position on heroin-assisted treatment rooms to save lives and create safer communities?

[Kit Malthouse]

I do not know whether the hon. Gentleman is conflating heroin-assisted treatment with overdose prevention centres, but as he may know, heroin-assisted treatment is under way in Cleveland. When licences are applied for, we look at them on their merits and on a case-by-case basis. I am happy to entertain other applications if people want me to. I will take the same view: that we have to look at them on a case-by-case basis and see what investment goes alongside that to make sure that we get the wraparound approach that will result in the recovery that we want.

Oral Answers to Questions

Grahame Morris Excerpts

Tuesday 18th May 2021 Commons Chamber

[Robert Buckland]

My hon. Friend is absolutely right to raise an issue that affects many people. One issue is the embarrassment and shame of people who fall victim to such fraud that they could have been tricked in the first place. Not only is supporting victims to overcome that stigma very much part of the victims code that we introduced in the past month or so, working with the sector, but as we develop the consultation into our new law, there will be opportunities fully to reflect the pernicious nature of online criminality. By helping to design out fraud, the financial services sector can make its greatest contribution to the reduction of such heinous crime.

[Grahame Morris (Easington) (Lab)]

To return to the questions asked earlier by my hon. Friends the Members for St Helens South and Whiston (Ms Rimmer) and for West Ham (Ms Brown) about the loss of prison officer experience due to experienced prison officers leaving the service, will the Secretary of State confirm whether it was the Chancellor himself who vetoed the fair pay rise for frontline prison officers that was recommended by his own experts?

[Robert Buckland]

I remind the hon. Gentleman that in the context of those recommendations, prison officers received rises of between 2.5% and 7.5%. It is right to say that in one specific instance the recommendations of the body were not accepted—we are mindful of our overall duties with regard to the public purse—but I assure the hon. Gentleman that in terms of the recruitment, support and promotion of the vital role of prison officers, the Government will not stint in their unwavering support and encouragement.

Oral Answers to Questions

Grahame Morris Excerpts

Tuesday 22nd September 2020 Commons Chamber

[Chris Philp]

I have already pointed out that the Crown court case load is lower today than it was in 2010 under the Labour Government. I have also pointed out that the magistrates courts, to which the hon. Gentleman referred, are disposing of more cases now than they are receiving: the backlog, or the case load, is going down and has been for each and every one of the past five weeks. The hon. Gentleman mentions custody and the time until hearings; in August, 84% of Crown court cases for which the defendant was in custody were listed for trial before February next year. We are working at pace and investing at pace. The recovery of our criminal justice system after this coronavirus epidemic is well and truly under way.

[Grahame Morris (Easington) (Lab)]

What comparative assessment he has made of levels of (a) violence and (b) staffing in (i) public and (ii) private prisons.

[The Minister of State, Ministry of Justice (Lucy Frazer)]

Levels of violence in our prisons remain too high, but I am pleased to say that we are on a downward trend in respect of assaults. In January to March this year, assaults on staff decreased by 5% on the three previous quarter, and in the latest quarter the number of assaults on staff decreased by a further 4%. Decreases have been seen across the public and private estate. We have also seen a net rise of almost 4,000 prison officers in bands 3 to 5 since 2016. We do not hold figures for the number of staff at private prisons as we measure performance in a different way.

[Grahame Morris]

I thank the Minister for that response. I had hoped that even this Government would accept the link between prison understaffing and high levels of violence. Why are the Government building a new generation of private prisons that will have no minimum staffing levels and no requirements for private operators to reveal staff numbers as they will not be subject to freedom of information requests? Frankly, this is an appalling policy of “Don’t ask me any questions and I won’t tell you any lies.”

[Lucy Frazer]

As I mentioned, we have increased the number of staff in the public sector. We have also introduced the key worker scheme, which is essential for staff to liaise with the prisoners. Private prisons perform well, as do public prisons. Recent reports from this year for HMP Parc and HMP Rye Hill, which are both managed by G4S, judged both to be good. There is not a mantra that public is good, private is bad; both work well.