Terrorist Offenders (Restriction of Early Release) Bill

Debate between Julian Lewis and Nick Thomas-Symonds

2nd reading & 2nd reading: House of Commons
Wednesday 12th February 2020 Commons Chamber

[Nick Thomas-Symonds]

A number of issues about mens rea, which is an essential element of committing a criminal offence, have been decided before the courts. However, elements of our law can already deal with those who suffer from severe mental health problems, and they can be used and operated appropriately on a multi-agency basis.

[Dr Julian Lewis]

I take this opportunity to reiterate my previous intervention. The suspicion is that there are gravely mentally ill people who are in prison when they ought to be treated as if they are criminally insane and held in a secure psychiatric unit. The concern is that people are being treated as terrorists when they are clearly mad, simply because they have picked up some smattering of something that passes for a religious motivation.

[Nick Thomas-Symonds]

Where I can agree to a degree is that I certainly accept that there are people with mental health problems in prison who, frankly, should not be. The right hon. Gentleman refers, I think, to secure psychiatric units, where there is also a shortage of places. That is another issue that the Government need to accept on the basis of the past 10 years.

I heard what the Justice Secretary said about specialist officers, particularly those in de-radicalisation programmes, but we are tolerating a rise in physical attacks on our prison staff. That cannot be fair to them and it will not produce a constructive environment in our prisons. From September 2018-19, there were 33,222 assaults, including 23,592 prisoner-on-prisoner assaults and 10,059 assaults on staff. Levels of self-harm were also the highest ever recorded.

The Bill, I am sure the Justice Secretary will argue, will deal with the immediate crisis of the next few weeks, but he must plan ahead. The crisis in our criminal justice system does not end with our prisons. We also need the best possible probation services and the best possible supervision. In 2014, the Government part-privatised the probation service. I do not think it is unfair to say that it was an absolute disaster. The Government had more than 150,000 people supervised by private community rehabilitation companies and just left the high-risk offenders to be managed by the National Probation Service. The chief inspector of probation, Dame Glenys Stacey, said last year:

“The system which sees private firms monitor criminals serving community sentences is ‘irredeemably flawed’”.

She is right. No wonder the right hon. and learned Gentleman’s predecessor had to announce last year that the supervision of all offenders on probation in England and Wales was being put back into the public sector.