Women Offenders and Older Prisoners

Lord Beith Excerpts

Thursday 16th January 2014 Westminster Hall

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

I rise rather apologetically to my feet again, but taking the two reports together at least spares the Chamber a third speech from me this afternoon. I shall present the two reports in this speech. I do so with a heavy heart in one sense, because one or two Members who would have spoken in the debate are not able to do so, as they are at the funeral of our late colleague, Paul Goggins. He took such a close interest in criminal justice and had so much experience of it that I regularly tried to persuade him to join the Justice Committee, but he was already committed in a number of other ways, including as a member of the Intelligence and Security Committee. Our Committee missed out on having the benefit of his considerable wisdom, which we would have greatly appreciated.

This debate is on two reports that we produced this Session on groups of people who are minorities in the criminal justice system, but whose circumstances and needs place particular demands on that system, which is really geared towards dealing with young men. We wanted to examine the extent to which policy and practice are responding effectively to the needs of women offenders and older prisoners.

Older prisoners are the fastest growing group in the prison population, and our inquiry focused primarily, but not exclusively, on their treatment in prison. In our inquiry on women offenders, we looked at provision in the custodial state, where there are 3,845 women in a total prison population of 84,000, and more widely, including community provision for offenders and ex-offenders, and for women and girls at risk of offending. The Minister, whom we are glad to have here, will respond to the debate and cover both subjects. I shall return later to ministerial responsibility, particularly for women offenders, because that has been an issue.

All this goes back to 2006, when Baroness Corston was commissioned by the Home Office to examine what could be done to avoid women with particular vulnerabilities ending up in prison. That was prompted by the death of six women in Styal prison. Her report, published the following year, identified three categories of vulnerabilities for women: those relating to domestic circumstances and problems, such as domestic violence, child care issues and being a single parent; those relating to personal circumstances, such as mental illness, low self-esteem, eating disorders and substance misuse; and socio-economic factors such as poverty, isolation and employment.

The Corston report made 43 recommendations. I shall not go through all of them, but they included improvements to the way in which the issue was dealt with at Government level, the reservation of custodial sentences and remand for serious and violent women offenders, and the use of small local custodial centres within 10 years. They also included improvements to prison conditions, making community sentences the norm, and improvements in health services and support for women offenders. The then Government accepted 41 of the 43 recommendations.

There is much common ground on policy on women offenders. There appears to be fairly wide, although not universal, agreement that the majority of women offenders pose a limited risk, or no risk at all, to public safety, and that imprisonment is frequently an ineffective response. That is not about treating women more favourably or implying that they are less culpable, but about how to respond appropriately to the kinds of problems that women bring to the criminal justice system, and about what action is required to be effective in addressing their offending behaviour. In many cases, that is different from what is required to achieve the same thing in men.

It should be recognised that important progress has been made on the Corston recommendations. As has been illustrated by reports from the Howard League, the Prison Reform Trust, the prison and probation inspectorates and the all-party parliamentary group on women in the penal system, that includes better prison regimes, the ending of strip searching, reduction of self-harm, the establishment of a network of women’s centres, and acknowledging the need for differential treatment. However, levels of imprisonment for non-violent female offenders remain high, as do levels of self-harm by women. A study published before Christmas showed that there is still 10 times more self-harm among women prisoners than among their male counterparts.

[Philip Davies (Shipley) (Con)]

I wonder on what basis the right hon. Gentleman claims that the majority of women offenders in prison are either not violent or not dangerous. Let me give a snapshot of the prison population. There are 3,477 women in prison, and murder, manslaughter, other violence against the person, sexual offences, robbery, burglary, arson, blackmail and kidnapping account for half the female prison population. Which of those categories is he saying is not a serious offence and involves people who are not dangerous to the public?

[Sir Alan Beith]

I chose my words carefully. I said not that women were put in prison for offences that were not serious—courts would normally regard either the offence or the fact that they are repeat offences as a serious matter, underlining their decision to give a custodial sentence—but that many of the women, if they were not in prison and were otherwise effectively supervised, would not constitute a danger to the public. That is not true of them all, which is why there will always be some women in prison, some for very long periods, but those numbers will be relatively small.

[Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)]

In support of what the right hon. Gentleman says, in the 12 months to June 2012, 81% of women entering custody and starting a sentence had committed non-violent offences, compared with 71% of men.

[Sir Alan Beith]

The right hon. Gentleman makes a very good point and gives highly relevant figures.

In 2012, we decided to undertake an inquiry to review progress since the Corston report and to examine current strategy and practice. We held five oral evidence sessions. We visited prisons and women’s centres. We received more than 60 pieces of written evidence. We reported in July 2013, and the Government published their response in October. We visited HMP Styal, where the six deaths that prompted the Corston report had occurred, but in the inspection report on the prison published two years ago, Her Majesty’s chief inspector of prisons commented that it was

“disappointing to find, and to be told of by the governor, too many cases of women, some of whom were clearly mentally ill, serving very short prison sentences which served little purpose except to further disrupt sometimes already chaotic lives.”

During our visit, we saw a new unit that has been created in an effort better to meet the needs of these women, but questions were raised by our witnesses about why women with such complex needs continue to be sentenced to custody. However, those of us who visited Styal saw some genuinely good work going on there. Styal has featured so much in this history that I would not want the impression to be given that there is not some very good work indeed taking place there.

The fact that we were holding an inquiry at all seemed to stimulate the Government to take a number of positive steps to prioritise the requirements of female offenders. After we had announced the inquiry, the Government allocated ministerial responsibility for female offenders to the then Minister in the Department and former member of our Committee, the hon. Member for Maidstone and The Weald (Mrs Grant). They announced a review of the female custodial estate, published a statement of four high-level strategic priorities, and created an advisory board to oversee the work streams stemming from those priorities.

Our report was very wide ranging, and I cannot pick up all the threads, but let me start with the overall governance of these issues. We said in the report:

“It is regrettable that the Coalition Government appears not to have learnt from the experience of its predecessor that strong ministerial leadership across departmental boundaries is essential to continue to make progress, with the result that in its first two years there was a hiatus in efforts to make headway on implementing the important recommendations made by Baroness Corston”.

We in the Committee were particularly struck by Baroness Corston’s own evidence that under the previous Government it was not until a group of women Ministers worked together to take issues forward that that Government made significant progress in this area. We welcome the fact that the hon. Member for Maidstone and The Weald was appointed, but of course she has now moved to another ministerial position. I hope that this Minister will clarify, when he responds to the debate, just how overall leadership will be achieved in this area.

We say in our report:

“We welcome the production of a set of strategic priorities for women offenders but they need to be given substance”.

In the Government response, we were told that there would be further progress towards meeting the strategic objectives, and that there would be a report to Parliament on that in March this year, so we are getting quite close to that.

We say in our report:

“We do not consider that substantive changes to the…sentencing framework would be helpful…and recommend that emphasis is placed on ensuring a greater consistency of provision to the courts to enable them to sentence from a range of options specifically appropriate to women, including robust alternatives to custody.”

We say:

“We welcome the Sentencing Council’s inclusion of primary child caring responsibilities as a mitigating factor in sentencing guidelines”.

However, more than half the women sentenced to custody still receive short sentences. There appear to be several explanations for that: the absence of adequate and available community provision, the court perhaps not knowing whether there was adequate provision locally, or the court not being confident that the community provision was appropriate or acceptable to wider public opinion by being sufficiently robust. We were concerned that the agenda on that had not progressed sufficiently quickly.

We questioned women offenders and ex-offenders—they came before the Committee—who made it clear to us that they had preferred prison to community sentences. In at least one case, they had committed further offences because prison was easier than a community sentence that challenged them to change their life and also, of course, offered some support to enable them to do so.

Our report says:

“Women’s community projects are central to providing a distinct approach to the treatment of women offenders. They offer a challenging environment for women to serve their sentence as well as a broad range of practical and emotional support”.

Those projects, often delivered through women’s centres, offer a range of services and courses of the kind that Corston recommended: a punishment element; probation; community payback; addressing offending behaviour; anger management; domestic violence; drug awareness; supporting women who have offended, including in relation to housing and issues with children; parenting courses; social services; and a crèche.

A woman who attended Eden House in Bristol said to us in evidence:

“The sort of women coming here, if they went to prison they would only get a couple of weeks, or a six month sentence and serve half. That’s not enough time to make a difference. They just carry on as they did before. But with Eden House, you get structure, a variety of things to do, and the help and support of staff. These are all things you don’t get inside”.

We found evidence such as that very persuasive.

A lot of data have been collected by the National Offender Management Service in the past year about women who have been referred to women’s community services. Those data will be analysed, I think, this summer, and we look forward to seeing the results.

We say in our report:

“We are unconvinced about the extent to which the approach set out in the Government’s strategic priorities for women offenders is…integrated”

across Government and across Departments. We wanted the advisory board to

“map the confusing array of Government initiatives that”,

if brought together,

“have the potential to benefit vulnerable women and girls at risk of offending and specify how these should integrate with the strategy for women offenders.”

We drew attention to the fact that successful women’s centres were ensuring that some women on the periphery of the criminal justice system were being diverted away from crime, to the benefit of the community.

We note the inclusion in the Offender Rehabilitation Bill of the requirement for arrangements for supervision or rehabilitation to identify how they meet the needs of female offenders. The Government say in their response to us that they have produced guidance for new providers on gender-specific services, and that contractual arrangements are in place to ensure that those needs are met. We very much welcome that.

We made recommendations about the custodial estate. We are to conduct a more general inquiry into the prison estate, and we will look further at the provision for women offenders when we do that.

NOMS’ stocktake of women’s community provision was very positive in tone and concluded that

“services for female offenders for 2013-14 have been strengthened and that there will be greater access to gender specific services across the country.”

I am not sure that the picture painted by our witnesses was quite as positive as that. In any case, a stocktake looks at what is there, not at what is missing and still needed. A further analysis may be required to establish an evidence-based approach to the issue.

In general, the Government’s response to our report was thorough and constructive and set out clearly how our concerns could be addressed. The key question remains how real leadership will be provided—across Government, not just in the Ministry of Justice—to maintain momentum and put in place a range of services and interventions that can change the lives of women and girls who offend. Our constituents will benefit if, instead of paying the bills for the punishment of offences committed by women, we greatly reduce the number of those offences and offenders.

I want to talk about older prisoners, because this group is growing in the prison population and seems likely to continue to grow. It was no part of our report to argue that these are not people who should be in prison. It is very obvious, from what we know about the reasons for that growth, that for very many if not all of these people, there are very strong reasons to keep them in custody. I am referring to people with a record of violent offences.

However, older prisoners are and will continue to be a growing group. This population is added to, of course, by prosecutions in relation to historical sex offences. Older prisoners present a real challenge to the Prison Service. Some prisons are making substantial efforts to adapt their facilities to meet the needs of older prisoners, but of course for some prisons that is almost impossible because of the nature of their buildings. They may be multi-storey buildings. There may be a cell in which two beds cannot be put, but there are two prisoners, neither of whom can climb into an upper bunk. Physically, the facilities may not be suitable.

We thought that NOMS needed to ensure that all prisons have a policy that provides age-specific regimes. More prisons should establish day centres and regimes that provide for the needs of older prisoners, without necessarily segregating them entirely. We found problems with older prisoners’ access to health care services. We found, as in other areas of prison life, a large unmet need in relation to mental health and that there should be more consistent awareness training for prison officers about that.

We wanted prison and community health care IT systems to be better connected to minimise disruption. There was one really serious problem, which the Government have tried to address: the lack of provision for essential social care for older prisoners, and confusion about who should be providing it. We had a situation in which it was not clear whether a prisoner with acute social care needs was the responsibility of the authority from which they came, if that could be identified, or the authority in which the prison was located. The Government have dealt with that in clause 75 of the Care Bill, but we still need clarification on what happens to local authorities with a large prison population, because meeting that requirement will place considerable demands on their social work provision. Some places, such as the Isle of Wight, have gone some way to recognising that, but they will have total responsibility in this area under the new legislation.

We want good liaison with local authority social care teams. In the Isle of Wight, we saw that there had been good experiences as a result of placing social workers in prisons. That is not a luxury; serious problems can result from prisoners with serious personal care needs and limitations becoming excessively dependent on either prison officers—who have other responsibilities to carry out—or other prisoners. That is a dangerous situation in a prison.

We also looked at issues that arise when prisoners are terminally ill. We found that perhaps too little discretion had been given to experienced officers over when handcuffs might reasonably be removed from a terminally ill prisoner in a hospital bed, or when a governor, with the Minister’s approval, might grant release to a palliative care unit when no such facility existed in a prison.

We found problems with resettlement. Many long-term prisoners will be released at some point, and by the time they are released, they may have no contact with their home at all. The nature of their offence may have led to a complete break with their family. Where should they be placed if they are not to be at risk of committing further offences? We have asked the Government to do further work on a number of aspects of that problem. It was alarming to find that older prisoners were still being released to no fixed abode, which is neither acceptable nor in the interests of public safety and the community. The growth of the older prisoner population suggests to us that there ought to be a national strategy, but the Government did not accept that recommendation.

The Government response generally engages seriously with each of our recommendations, however. The Government agree that a formal analysis should be undertaken of prison accommodation to assess its suitability, and they have committed to doing that by the end of the year. They have committed to adapt prison regimes, and serious consideration is being given to improving health care. There is an acceptance of minimum social care needs and the care passport system. However, the response does not address the real concern about how local authorities will deal with large numbers of older prisoners for whom they acquire social work responsibility. The statement:

“It will be for each local authority to consider how best to meet need within a prison, and the role that social workers will play”

does not really tell us anything at all. In relation to the use of restraints, the response states:

“NOMS’ escorts policy is currently under review”.

The response on meeting accommodation needs on release does not promise a lot either. The outright rejection of the recommendation to introduce a national strategy on the grounds that it is “not possible to generalise” about the needs of older prisoners ignores the fact that there are common problem factors among most groups of older prisoners, as we saw when we visited several prisons. A strategy that worked its way through the prison system might be of considerable benefit, not only in managing prisoners more effectively but in making the prison system work more effectively. I commend our report to the House, and recommend that for both reports, hon. Members look carefully also at the Government response.

[John McDonnell (Hayes and Harlington) (Lab)]

With regard to the report on older prisoners, I understand that the Committee considered only prisons, not detention centres. I raise that because of a case in my constituency that the prisons inspector reported today involving a gentleman with dementia who was released within hours of his death, and who died with handcuffs on. Is there a prospect of the Committee wanting to look at detention centres, in view of the lessons learned from the previous study?

[Sir Alan Beith]

I had concluded my remarks, but I will pretend that I had not done so in order to answer the hon. Gentleman. Although the chief inspector of prisons quite rightly inspects detention centres—I am glad that he does—it is a Home Office responsibility, which means that the Home Affairs Committee ought to look at the matter. He is quite right to draw attention to some of the serious issues that the chief inspector has raised, which many hon. Members heard him speak about on the radio this morning. We see the chief inspector regularly about his prison work, which we very much respect.

--- Later in debate ---

[Mr Llwyd]

Okay. Our report goes on to state that

“over half (52%) of women sentenced had committed petty offences”—

relatively petty—

“related to theft and the handling of stolen goods, compared with one-third (33%) of men. In addition, over a quarter (26%) of women sentenced to imprisonment had no previous convictions, more than double the figure for men (12%).”

The Select Committee agreed that the majority of women offenders posed very little risk to public safety and that imprisonment was usually an ineffective response. After all, women have a very different experience of custody from men. Unfortunately, in their response to our report, the Government said:

“there should be one justice system for all offenders who commit crimes.”

The Government would do well to recognise that one size does not fit all when it comes to tackling offending.

Since 2008, the gender-specific standards in custody have provided gender-specific programmes, recognising the fact that female offenders’ needs are usually very different from male offenders’ needs. For example, female offenders are more than twice as likely as their male counterparts to suffer from anxiety and depression and are more likely to report having used class A drugs in the four weeks prior to custody. Female offenders are also more likely to have suffered abuse in childhood or in their adult lives.

Our inquiry found that the Government’s gender equality duty had not been implemented robustly enough and was not persuading enough commissioners to provide gender-specific services for women offenders. In their response to the report, the Government conceded that there were problems with the public sector equality duty.

The Government also refer to female offenders in their document, “Transforming Rehabilitation.” I was glad that they amended the Offender Rehabilitation Bill on Tuesday, but, as a member of the Justice Committee and a barrister of some years’ experience, I still have serious concerns about the potential effect of the proposals on provisions for female offenders, or the lack of them in future. I believe it is more likely than not that the private companies that win the contracts for supervising the under-12-month cohort will have little interest in investing time and resources in rehabilitative programmes, but we will wait and see, as no one has a definitive answer on that yet.

[Sir Alan Beith]

The right hon. Gentleman is making an important point. Does he agree that in some of the women’s centres we saw really innovative work by the voluntary sector? If companies and consortia want to succeed in reducing reoffending, they must make good use of the kind of skill and level of care that we saw working to such effect in Liverpool, Birmingham and Belfast.

[Mr Llwyd]

The right hon. Gentleman is absolutely correct. Quite honestly, the work in some of the centres was so good that it was astonishing. I well remember the visit to Liverpool—I have had some contact with the manager since then, as it happens—as well as the experience of Belfast and other places. What is vital, of course, is that whatever the structure for the immediate future, such centres are brought into the core of the delivery of services. They make it possible not to send young women away, to keep them with their family units and to turn them around in the most remarkable way. The problem we have—I probably speak for all members of the Select Committee on this—is that there are so few of them to rely on. Alas, at this stage, some centres are suffering from financial pressure. However, there is no doubt at all that if the new landscape is to work, those centres must be major players in providing such vital services, whether on their own or in concert with others. I agree entirely with what the right hon. Gentleman said.

The Committee drew attention to the perverse incentives that will be given to private companies not to provide appropriate services for women under the new reforms, since such services are not always presented as measures to reduce reoffending but rather as more holistic and costly care. In their response, the Government did not exactly contradict that point. However, they did claim that there would be

“advantages for providers of offering sustained support to all offenders within a cohort…including those with more complex needs.”

Once again, we will have to wait and see how that plays out in practice. I have doubts, but I hope that I am wrong.

One of the principal things that the Committee wanted to point out was that the transforming rehabilitation agenda has clearly been designed with male offenders in mind. Women offenders are possibly an afterthought. We said:

“Funding arrangements for provision for women appear to be being shoehorned into the payment by results programme”.

We also warned of the danger of

“sentencers using short prison sentences as a gateway to support”,

which would completely undermine

“the post-Corston direction of travel”.

--- Later in debate ---

[Philip Davies]

I do not accept my hon. Friend’s premise that not sending women to prison—I will come on to why in a second—will make the kind of difference that he thinks it will. I want to examine the types of people who are in prison.

[Sir Alan Beith]

May I recommend for the hon. Gentleman’s bedtime reading a report that we published just before the general election—a long report, much longer than this one, called “Cutting crime”, which deals almost entirely with male prisoners?

[Philip Davies]

I suspect that I have already had it as bedtime reading, because I seem to have read almost every report going on these matters. We can have an argument on the effectiveness of prison per se at another time. I am a big fan of sending more criminals to prison: for example, each year some 3,000 burglars with 15 or more previous convictions are not sent to prison, which is a national scandal, and I suspect that most of my constituents think so too. We can discuss that on a different occasion, and perhaps the Select Committee might want to consider why so few persistent burglars are sent to prison. My constituents would welcome that.

One point that crops up time and again is the idea that women offenders are, by definition, more vulnerable than male offenders and therefore need special protection. I want to address that first because I believe that much has been made of the special case of women offenders, but next to nothing has been said about the problems that men face. I have been interested to discover that some of the facts show that much of what is being said could apply equally to men. The House of Commons Library, for example, says that almost the same proportion of sentenced male prisoners as of sentenced female prisoners ran away from home as a child—47% compared with 50%. The Library also states that, although a third of female prisoners were excluded from school, a larger half of male prisoners were excluded from school. A quarter of both male and female prisoners are thought to have been in care when they were growing up. Although about one third of female prisoners admit to hazardous drinking, it seems that the figure for men is more like two thirds.

When we talk about those figures, we have to bear in mind the overall prison population figures. For the record, as of last Friday, 10 January, there were 3,845 women in prison and 80,413 men. Clearly half of the male prison population is a very large figure and half of the female prison population is a relatively low figure, so if campaigners are really concerned about the personal circumstances and vulnerabilities of individuals, they perhaps ought to be clear that far more men than women are in the position they describe of being vulnerable prisoners. On sheer numbers alone, one would therefore think male prisoners would be given far more attention than women prisoners.

Of course, the favourite subject among some campaigners is mental health, which is also mentioned prominently in recommendations 1 and 2 of the Select Committee report, and it is addressed in the Government response. Of course the figures in the report are only for women offenders, so in the interest of ensuring that we have the real picture, and not the one that some would like us to be left with, I will compare female offenders with such problems with male offenders in the same position.

In 2011, two women committed suicide in prison. I do not know the circumstances of those cases, but one might conclude that they were clearly vulnerable individuals. In the same period, 55 men took their own life. That is a stark example of the most serious end of the argument and it shows why it is unbelievable that so much time is spent compiling reports about vulnerable women, yet so little time is spent considering the hard facts about the deaths of male prisoners.

Even more recent figures show an alarming trend of which I hear little mention. Although the number of female self-harmers decreased from 1,429 in 2005 to 1,065 in 2013, the number of male self-harmers increased in that period from 5,692 to 6,823. Perhaps more starkly, over the same period the number of female self-harm incidents decreased by half, from 12,014 to 6,236, while the number of male self-harm incidents increased from 10,109 to 16,741. Again, according to the Ministry of Justice, 145 female offenders who self-harmed in 2013 required hospital treatment, whereas 10 times as many male offenders who self-harmed had to be taken to hospital. If people are concerned—and it may well be a legitimate concern—that women are vulnerable in those circumstances, surely men in such situations must be of equal concern. If that is the case, why do we have Select Committee reports simply on female offenders? Why do we not have the same reports on male prisoners, which we never seem to get?

--- Later in debate ---

[Philip Davies]

If the right hon. Gentleman is listening to my speech, he will have heard me say at the start that I thought I was making some headway because this debate is the first time that I had heard him acknowledge that fact. It is not that I am not listening to him; it is a question of him not listening to me.

[Mr David Amess in the Chair]

I am grateful, however, because we are starting to make some progress. Everyone appears to be falling over themselves to say that men are more likely to be sent to prison than women. When I made that comment the other day and in previous debates, I have been told that that clearly is not true. Now, everyone is falling over themselves to say that what I am saying is right, and that they were there first. I do not want to be precious about this, and do not want it to seem that I was there first; if people want to claim the credit, I am happy for them to do so. I am just pleased that we are making some headway, and that the facts are for once beginning to rear their ugly heads.

The Ministry of Justice answered a question that I asked in September about pre-sentence reports and its recommendations for sentences in court. It was confirmed that probation staff are twice as likely to recommend custody for male offenders due to be sentenced in Crown court cases than for female offenders. For men, the figure is 24%, while it is just 11% for women. Even repeat offenders are more likely to fare better if they are women. For those who have committed more than 15 offences, pre-sentence reports recommend custody for 39% of men, compared with 29% of women. All that shows that it is wrong to say that women are more likely to be sent to prison than men. We seem to have agreed among ourselves that men are more likely than women to be sent to prison for committing exactly the same offence. That is the reality.

It is also true, however, that men will be sent to prison for longer than women. I refer again to the Ministry of Justice’s published figures, which state that women given an immediate custodial sentence for indictable offences receive shorter average sentence lengths than men. It is 11.6 months for women, compared with 17.7 months for men. That is not a minor difference. That figure shows that the average male prison sentence is over 50% longer than the average female sentence. That is something that those who allege that they are keen on equality may want to think about.

Not only are women less likely to be sent to prison and more likely to be given a shorter sentence, but they are more likely to serve less of the sentence in prison than men. The Ministry of Justice helpfully points that out in its offender management statistics:

“Those discharged from determinate sentences…had served 53 per cent of their sentence in custody… On average, males served a greater proportion of their sentence in custody—53 per cent compared to 48 per cent for females”

in the same period. It continues:

“This gender difference is consistent over time, and partly reflects the higher proportion of females who are released on Home Detention Curfew.”

Other published Ministry of Justice figures confirm that. In fact, there is quite a disparity. In the past few years for which figures have been published, women have had 50% more of a chance than men of being released from prison early on home detention curfew. I hope that we have finally nailed the idea that women are treated more harshly by the courts than men. Men are clearly treated more severely by the courts when it comes to being sent to prison.

The other myth that we hear—the right hon. Member for Dwyfor Meirionnydd hinted at it earlier—is that most women in prison are serving short sentences for petty, non-violent offences, and that they would be better off being dealt with elsewhere. Let us take a snapshot of the sentenced female prison population at a moment in time and look at the detail of all these “poor women” who are serving prison sentences and who should—apparently—be out and about in the local community. Which women prisoners do those who advocate reducing the female prison sentence want to let out? I asked that question of the hon. Member for Bridgend (Mrs Moon), who has been good enough to come back again today, for which I am grateful. The right hon. Member for Dwyfor Meirionnydd gave the impression—although he perhaps would not want to subscribe to this—that as much as 80% of women prisoners should not be in prison. That was the impression that he wanted to leave us with when he made his comments.

I have the latest Ministry of Justice figures on the female prison population, and I want to know which of these people the right hon. Gentleman and others think should not be in prison. Is it the 231 who are in there for murder? Is it the 61 who are in there for manslaughter? Perhaps it is the 73 who are in there for other and attempted homicides. Is it the 391 who are in for wounding? Is it the 52 in for assault? Perhaps it is the 56 who are in prison for cruelty to children, or the 85 who are in for other violence against the person. Maybe the 83 who are in there for sexual offences should not be in prison. Perhaps the right hon. Gentleman has in mind the 328 who are in prison for robbery. Is it the 208 who were unlucky enough to be sent to prison for burglary? They must have been persistent burglars to have been sent to prison.

The right hon. Gentleman probably does have in mind the 508 women who are in prison for theft and handling stolen goods, but maybe it is the 574 who are in for drug offences; perhaps they are the ones who he thinks should not have been sent to prison. Maybe it is the 86 women who are in prison for arson, the 24 for criminal damage, the 12 for blackmail or the 37 for kidnapping. Maybe the right hon. Gentleman has those people in mind when he says that these women, who apparently pose no danger to the public, should not be in prison. When those numbers are added up, they make up far more than half of the female prison population. Let us hear which ones should not be in prison. I would like to know.

[Sir Alan Beith]

rose—

[Philip Davies]

The Chair of the Justice Committee will tell us.

[Sir Alan Beith]

I have a suggestion for the hon. Gentleman. I would like him to take a trip to Texas to meet some right-wing Republicans who have decided that there is no point in spending so much money on putting so many women in prison on short-term sentences for drug offences when they could be got off drugs and restored to a decent life through methods in the community. It is right-wing Republicans who are saying that.

[Philip Davies]

I am delighted that the Chair of the Justice Committee is leading with his chin on this issue. He fails to acknowledge that the prison population in Texas is far higher, so it is starting from a much higher base. I would be delighted if we could agree that the prison population in the UK should be the same as Texas’s. If he is suggesting that we should emulate Texas in our criminal justice and sentencing system, consensus will have broken out in this Chamber. If that is the direction of travel that he thinks we should go in—Texas—I am all for it, and more power to his elbow.

At least the Chair of the Justice Committee had a bash at answering my question, for which I give him credit. He seemed to indicate that it was the 574 women in prison for drug offences who should not be in prison. That number includes 166 for supplying drugs, 113 for possession with intent to supply, and 140 who were importing or exporting drugs. They are the ones who he believes should not be in prison. I give him credit for putting his head above the parapet, but no one else who says that all these women should not be in prison is prepared to identify which should not be there. The reality is that these women are not in prison for minor offences, and it is an absolute disgrace that people try to suggest otherwise.

I want to emphasise how serious the offences are for which some female offenders are in prison. The argument is made that all these women are in prison for short sentences and perhaps should be serving community sentences instead. That is an absolute myth. According to the prison population figures, just under 16% of women in prison have sentences of less than six months. That is clearly quite a minority. If some do not class six months as a short sentence, I will be charitable and go up to a year; a further 6% of women are in prison for between six months and a year, so 22% of female prisoners are sentenced to less than a year in prison. Some 78% of female prisoners are sentenced to more than a year, and who can say that they are not serious offenders, when we already know that they are given shorter sentences than men? These are clearly serious or persistent offenders, and I hope that we can start nailing that particular myth too.

Sentences of more than a year mean that the magistrates court felt that the offenders’ crimes were so serious that they were not capable of sentencing them. They had to send the cases to the Crown court, otherwise the offenders could not have got those sentences. Let us end the myth that all those women in prison are in for short sentences and for not very serious offences.

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[Mr David Amess (in the Chair)]

Order. I am minded to start the winding-up speeches at 4 o’clock, which will leave half an hour for the two Front-Bench spokesmen and the Chairman of the Select Committee to make some closing remarks. I think there are three or four hon. Members who want to catch my eye, so perhaps they can share the 40 minutes between themselves.

[Sir Alan Beith]

On a point of order, Mr Amess. I offer to surrender the opportunity to make closing remarks, to give the Minister a little more time to answer the full range of issues raised in the debate.

[Mr David Amess (in the Chair)]

That is most helpful.

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[Mr David Nuttall (Bury North) (Con)]

It is a pleasure to serve under your chairmanship this afternoon, Mr Amess, and to follow the hon. Member for Hayes and Harlington (John McDonnell), who has posed a number of questions to the Minister. I have no questions to pose, but I want to support the comments made earlier by my hon. Friend the Member for Shipley (Philip Davies) and to speak out on behalf of what might be called the man in the street’s approach to sentencing and crime.

In essence, I want to see men and women treated equally by our justice system. I see no reason why a woman, purely for being a woman, should receive a more lenient sentence or any more favourable treatment than a man. Despite everything that has been said, my hon. Friend has done the whole House a favour—as he has tried to do on previous occasions, to be fair—by establishing the actual facts. Too often the facts get lost amid all the rhetoric. We need to see the right sentence to reflect the nature of the crime.

Looking at this from the point of view of the victim of the crime, if my home has been burgled, it makes no difference to me whether it was burgled by a man or a woman. The home owner will expect the sentence to be the same for whomever it was who burgled the house, whether man or woman, because the effect on the victim of the crime is the same. We seem to be moving away from the idea in the old adage that the punishment must fit the crime, to a modern 21st-century idea that the punishment must fit the offender.

[Sir Alan Beith]

I draw the hon. Gentleman’s attention to the many victims who have come before the Justice Committee as witnesses. They have said that the thing uppermost in their mind was that no one else should have to suffer the offence that they had suffered. The most appropriate decision, therefore, is whichever sentence is least likely to lead to reoffending.

[Mr Nuttall]

I am sure that that is absolutely right: the first thought of any victims of crime would be that they do not want anyone else to suffer in the same way. That brings me to my next point.

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[Karl Turner (Kingston upon Hull East) (Lab)]

It is always a pleasure to serve under your chairmanship, Mr Amess. I am pleased to speak on these two excellent reports following inquiries conducted by the Select Committee on Justice. The two reports, “Women Offenders: after the Corston Report” and “Older Prisoners”, raise some important questions and make valuable recommendations about two distinct groups within our justice system. I will begin with women offenders.

Six years after Baroness Jean Corston’s report, which made 43 recommendations to drive improvements in the women’s criminal justice agenda, I and the Justice Committee are concerned that we do not have strong leadership in the Ministry of Justice. That must be an issue. In their response to the Corston report, the Labour Government accepted 41 of the 43 recommendations and set out to implement them under the strong direction of my hon. Friend the Member for Garston and Halewood (Maria Eagle), the then ministerial champion for women and cross-departmental women’s policy unit. However, as the report rightly identifies, leadership has weakened in the Ministry of Justice since 2010. It also identified a two-year hiatus in efforts to implement the Corston recommendations. During the first two years of this Government, there was no designated Minister responsible for women in the criminal justice system, and I remember raising the issue on a couple of occasions with the then Lord Chancellor.

I agree with the report that it is

“clear that the matter of female offending too easily fails to get priority”

in the system

“in the face of other competing issues.”

A much-delayed strategy was published in March 2013 by the hon. Member for Maidstone and The Weald (Mrs Grant), whom I commend for that. It was welcome, but I submit that the six-page document was a vague strategic objective. I think that the Select Committee was right to say that it was produced in haste with insufficient thought. Despite the Minister’s creation of an advisory board, the report states that

“without wider ministerial involvement”,

it will not

“constitute a sufficient mechanism for high level cross-departmental governance arrangements of the sort that Baroness Corston initially proposed”.

Without such ministerial leadership, the board would not have the authority to bring about integrated strategy and co-ordinated service provision.

I also note concerns that the Government’s “Transforming Rehabilitation” agenda may pay little regard to the needs of women offenders. I believe that there is now general agreement that women should not be dealt with in the criminal justice system in the same way as men. Women end up in prison for different reasons than men do, and women often find themselves in prison for non-violent criminality. There also seems to be general agreement that although prison is absolutely right for some crimes committed by women, for the majority of women offenders, imprisonment is frequently an ineffective response. The very personal story told by my hon. Friend the Member for Bridgend (Mrs Moon) hits the nail on the head in that regard.

The report states that such recognitions are not about treating women more favourably or implying that they are less culpable, as hon. Members who have spoken in this debate have pointed out; rather, they are about accepting that women face different hurdles from men in their journey towards a law-abiding life, and that the justice system needs to respond appropriately. Again, I fully support those views. It is therefore worrying that the report has found little evidence that the equality duty has had the desired impact of systematically encouraging local mainstream commissioners to provide gender-specific services, tackling the underlying causes of women’s offending, or consistently informing broader policy initiatives within the Ministry of Justice and the National Offender Management Service.

The report identifies further failings and states that progress on the NOMS segmentation work, which aims to separate out groups of offenders to understand risks and needs and target resources accordingly, has been far too slow. It is fair to say, and I am sure that people would agree, that the last Government made good progress on the Corston agenda, which has fallen by the wayside, to be perfectly honest, under this Government.

[Sir Alan Beith]

The hon. Gentleman is slightly overstating his case. What we actually said was that under the previous Government, it took a significant effort, not least by the present deputy leader of his party, to bring together a group of Ministers—women Ministers, as it happened—to get cross-Government signing and implementation. Most of those things were not lost in the first two years of this Government, but further progress might have been more rapid and productive if some kind of similar leadership group had been got together.

[Karl Turner]

I accept that point from the Chairman of the Select Committee, but I think it is absolutely fair to say that during the first two years of the coalition Government, there was no Minister responsible for this area. I respectfully submit that that has been a factor. The governance structures built by the last Government seem to have been pulled down, and the consensus of the majority of witnesses to the inquiry was that progress appears to have stalled under the coalition Government.

In evidence to the Committee, Baroness Corston referred to the previous Government’s abolition of routine strip searches and praised the fact that dedicated funding had been made available to establish community-based women’s centres. Again, I and other Opposition Members are concerned that those centres, which are making a difference in our communities, have suffered funding cuts under the coalition Government. There are now serious concerns about funding to local authorities, which use some of their moneys to fund other centres. I can think of one in my constituency, the Purple House on Preston road, which has done a lot of work with women offenders. It has done a massive amount of work, saving the taxpayer vast amounts of money by preventing people from going into custody.

Like the Committee, I remain unconvinced of the extent to which the approach set out in the Government’s strategic priorities for women offenders is truly integrated across Departments. The Chairman just intervened on me to say that the damage is probably less than I was suggesting, but that is a matter of opinion, and frankly, I disagree. It seems that work on the Corston report’s key recommendation—improvements to high-level governance and cross-departmental working for women offenders—has stalled and is in fact being dismantled. Six years after Corston, we still have far too many women in our prisons, and we need to reduce that number significantly.

In addition to driving the Corston review forward, we look to emulate the success of the previous Government’s Youth Justice Board, which presided over a halving in the number of first-time offences by young people, and a fall of a quarter in the number of young people locked up. Targeting specific groups and tailoring an approach to offenders’ unique circumstances have been shown to work. Using the Youth Justice Board as a blueprint for a similar board for women might have the same impact. Will the Minister consider that?

I congratulate the Minister of State, Ministry of Justice, the right hon. Member for Bermondsey and Old Southwark (Simon Hughes), on his new job. He will be responsible for this area, and I know that he will take that seriously. I hope that he will look carefully at the report and implement some of its recommendations.

I turn to older prisoners, who were mentioned by my hon. Friend the Member for Hayes and Harlington (John McDonnell). This debate is timely, given the report by Her Majesty’s inspectorate of prisons that states that an 84-year-old immigrant detainee suffering from dementia died in handcuffs while in detention. That is a matter for the Home Office, but it is shocking and underlines the fact that the needs of older prisoners and detainees in our prisons and detention centres must be recognised.

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[Sir Alan Beith]

I am very grateful to the Minister for the thoroughness of his response and his willingness to follow up on one or two points that hon. Members raised. I can now take the opportunity, which I missed earlier, of wishing the Minister of State, Ministry of Justice, my right hon. Friend the Member for Bermondsey and Old Southwark (Simon Hughes), well in discharging his responsibilities in this area.

I cannot stress too strongly that the evidence that we received from people who had served in the previous Government was that, with the best will in the world, it took some significant effort to ensure that things happened in respect of women prisoners—of course, they are such a small minority of the total prison population—and that, in both these fields, there is plenty more work to be done, but there is welcome recognition by the Government that we have identified things that are important and need to be pursued.

Question put and agreed to.