Queen’s Speech

Lord Dholakia Excerpts

Tuesday 2nd June 2015 Lords Chamber

[Lord Dholakia (LD)]

My Lords, I wish to concentrate on matters relating to home affairs in the gracious Speech. My starting point is that the many calls from the public and politicians for tough punishments for that minority of offenders convicted of crimes involving violence, drugs or sex are not incompatible with the desire to see fewer offenders in prison; it is simply to say that, as a society, we should be aiming to send fewer people to prison.

A number of the specific announcements contained in the Queen’s Speech will make useful improvements to the criminal justice system. The proposal to put the rights of victims of crime, which are currently enshrined in a non-statutory victims’ code, on a statutory footing will receive widespread support. I welcome a number of the proposals in the proposed policing and criminal justice Bill, particularly the limitations on the use and length of police bail and measures to reduce the use of police cells as a place of safety for mentally ill people.

I also welcome legislation to tackle the problem of “legal highs”. I am pleased to see that the proposed Psychoactive Substances Bill will not include an offence of personal possession of these drugs. It is both more humane and more effective to channel drug users into treatment and education programmes rather than into the criminal justice system. We should reserve criminal penalties for those who exploit users by manufacturing and trading in drugs.

Although I welcome some of the specific announcements in the Queen’s Speech, I am bound to say that I would like to see a far more radical approach to address the serious challenges facing our criminal justice system. The size of our prison population, which stood at 84,372 in mid-May, remains a national disgrace. At the end of March 2015, 70 of the 117 prisons in England and Wales were holding more prisoners than they were built for. This country now has 149 prisoners for every 100,000 people in the general population, compared with 100 in France and 77 in Germany.

Far too many offenders are still sent into custody for short sentences and are released after no more than a few months. These sentences serve very little useful purpose. They are far too short for sustained rehabilitation programmes but long enough for offenders to lose their jobs and homes and make them more likely to reoffend. Fifty-eight per cent of these prisoners are reconvicted within a year of release and many of them return to prison repeatedly for short sentences in a pointless and depressing revolving-door process.

The coalition Government legislated to provide post-release supervision for short-term prisoners, which is undoubtedly a step forward. However, most of these offenders would be better dealt with by community orders. Offenders given community orders have a reoffending rate seven percentage points lower than that for similar offenders given short prison sentences. Community orders can provide a longer period of supervision and more intensive work to change offending behaviour than can relatively short periods of post-release supervision.

The penal system, like other public services, has had to face significant spending cuts over the past few years as the price of the country’s recovery from the economic crisis. As a result, over the last four years the number of prison staff in public sector prisons has fallen by 29%—this means nearly 13,000 fewer staff. The amount of purposeful activity in prisons has fallen in consequence, as the reports of the Chief Inspector of Prisons have repeatedly made clear.

We know that budgets are now set to tighten further as the Chancellor seeks another £13 billion of cuts to Whitehall departments, and the Institute for Fiscal Studies has estimated that the Ministry of Justice budget will reduce by one-third. When resources are so stretched we need to make sure that we are using them in the best possible way. We need to rethink an approach that spends such a high proportion of its resources on custodial measures which produce high reoffending rates. The Government should legislate to make sentencing guidelines take into account the capacity of the prison system. The proposal was first made by the Carter report on the prison system in 2007 and it still makes sense.

At a time when all the other public services have to work within the reality of limited resources, there is no reason why the courts should be exempt. Sentencing guidelines should scale down the number and length of prison sentences, except for the most serious crimes. They should remove prison as an option for low-level, non-violent crimes. Courts should be prohibited from using prisons except for dangerous offenders unless they have first tried an intensive community supervision programme. We should also convert the sentences of the many IPP prisoners who remain in our prisons, even though the sentence was rightly abolished by the coalition, by converting them into determinate sentences once they have served a period equivalent to double their tariff.

We also need a clear strategy to reduce the use of imprisonment for women. Most of the women we send to prison are neither violent nor dangerous, and most of them have few previous convictions. Imprisoned women have high rates of mental disorder, histories of abuse, addiction problems and personal distress arising from separation from their children. I supported the coalition Government’s move to set up an expert advisory board on women’s imprisonment. However, we should now go further to establish a women’s justice board to set improved standards for women’s community sentences, resettlement and rehabilitation, mental health services, family contact, and culturally appropriate support for foreign national women in our prisons.

We should do more to keep restorative justice at the forefront of sentences and make sure that it becomes a central part of our criminal justice system. Research has shown that 27% fewer crimes are committed by offenders who have experienced restorative conferencing than those who have not.

A great deal remains to be done to eliminate racial discrimination from the criminal justice process. The disproportionate use of stop and search is even more extreme than it was when the Stephen Lawrence inquiry reported, and the proportion of the prison population from racial minorities is now higher than it was then: 10% of British nationals in prison are black, compared with 2.8% of the general population, and 6% are Asian. According to the Equality and Human Rights Commission, the number of black people in prison is now more disproportionate in the United Kingdom than in the United States.

Finally, as I have repeatedly urged in this House, we should also raise this country’s unusually low age of criminal responsibility from 10 to 12. It would be more effective and more humane to deal with offenders under that age in family courts, as other European countries do. A strategy along these lines would help to move this country away from its unenviable position of having the highest prison population in western Europe. In doing so, it would help to concentrate our limited resources on the measures that are most likely to protect the public by rehabilitating offenders and reducing reoffending.