Prisons

Debate between Lord Dholakia and Lord Faulks

Thursday 26th March 2015 Lords Chamber

[Lord Faulks]

That is a large question, and perhaps I can answer some of the many sub-questions in it. The Secretary of State had nothing to do with the decision taken by NOMS, but I of course, as a Minister, take responsibility for that decision, which was an operational one. As for the appointment process, this is under way. The noble Lord seems to be very well informed about the process, and an announcement will be made in due course. There is no question that Nick Hardwick has not been allowed to act independently. The Government’s preference is that all public posts are re-competed at the end of the fixed term, with that incumbent free to apply.

[Lord Dholakia (LD)]

My Lords, does my noble friend agree that the conditions in our prisons will impact on control and discipline but are also a matter of serious concern for the families of those who are detained in some of our institutions? Has the noble Lord studied the recent lecture given by the noble and learned Lord, Lord Woolf, in which he talked about prison conditions when he undertook a review of Strangeways prison some years ago? He mentioned that many of his recommendations are still to be implemented and also suggested that a further inquiry ought to be undertaken. Does my noble friend agree with that suggestion?

[Lord Faulks]

The noble and learned Lord’s report on Strangeways, some 25 years ago, identified a number of things that were wrong with our prison system. I am sure that the noble Lord would agree, as indeed would the party opposite, that there have been significant changes and improvements in our prison system since. For example, there is no slopping out, there are much better conditions in cells, overcrowding is at its lowest level since 2007, prisoners are doing more purposeful activity and participate more in education, and the number of people absconding has been reduced. There is no room for complacency—there will be always be challenges in the Prison Service—but I am afraid that we simply do not accept that there has been no improvement in 25 years.

Access to Justice

Debate between Lord Dholakia and Lord Faulks

Wednesday 18th March 2015 Lords Chamber

[Lord Faulks]

The Lord Chancellor is well aware of his obligations, as he told the Constitution Committee. He has had to ensure that so far as possible there is access to justice while at the same time having to cope with the deficit that was left behind by the party opposite. I can assure the noble Lord that the Lord Chancellor remains committed to access to justice, as do all his Ministers.

[Lord Dholakia (LD)]

My Lords, the Minister is right to draw attention to the report, which is about access to justice. Does he not agree that it is a negation of democracy if justice is available only to those who can afford it? Will he therefore establish a system of monitoring so that we can see the impact of such policies, particularly on poor and disadvantaged communities in our country, and more importantly, the impact they will have on the rest of the criminal justice system and the Prison Service?

[Lord Faulks]

My noble friend is of course quite right to identify the potential injustice that can result from cuts in legal aid. That is something that any responsible Government will have close to their heart, and we will continue to consider any adverse effects.

Offenders: Rehabilitation

Debate between Lord Dholakia and Lord Faulks

Thursday 27th November 2014 Lords Chamber

[Lord Faulks]

That is clearly a matter of concern. The Government are aware that that can be an issue and are anxious to ensure, so far as possible, that when offenders leave prison they are given as much support as possible. The noble Baroness will be aware of the transforming rehabilitation steps that have been taken by this Government. We wish to ensure, so far as possible, that the return to the community is as satisfactory as it can be.

[Lord Dholakia (LD)]

My Lords, will my noble friend agree with me that the provision in my Private Member’s Bill, which is now incorporated in the LASPO Act, has benefited a large number of young people and a large number of offenders leaving prison? Will he therefore now look at the international dimension, in particular at what is going on in Sweden, and at how such provisions can help to reduce the prison population in this country?

[Lord Faulks]

My Lords, I am grateful to my noble friend for acknowledging that we have made progress. We hope to continue to make progress. Of course, he is quite right: we must learn from experience elsewhere, in Sweden or wherever else there is good practice.

Prisons: Education and Training

Debate between Lord Dholakia and Lord Faulks

Thursday 3rd April 2014 Lords Chamber

[Lord Faulks]

Purposeful activity covers a number of different areas: work, training, education, PE and programmes designed to tackle the causes of prisoners’ offending. Quite a lot of the emphasis on purposeful activity is to try to allow prisoners to engage in activities where they will have some prospects of work outside, particularly in the catering business. With great respect to the noble Baroness, who I know has great knowledge of these issues, that is in fact not out of step with where they might be able to find employment afterwards.

[Lord Dholakia (LD)]

My Lords, does my noble friend the Minister accept that prisons are overcrowded, and that controls and discipline are difficult to maintain? In fact, there has been an increase of 72% in calls on riot squads, and we have reached a high point in the level of deaths in custody. Under these circumstances, in order to ensure that prison’s objectives of education, training and jobs are not affected by cuts in government expenditure, would the Minister not agree that it is time for automatic inspections by HM Chief Inspector of Prisons?

[Lord Faulks]

Any violence or instability in prisons is clearly to be regretted. However, the noble Lord will be aware that assaults in prisons are at their lowest level since 2008, and the number of cases of escaping or absconding has reduced by more than 85% of what it was 10 years ago. I am afraid that I cannot accept that there are problems as a result of overcrowding. At the moment, although there is no room for complacency, matters are stable in the Prison Service.

Justice: Non-custodial Sentences

Debate between Lord Dholakia and Lord Faulks

Thursday 23rd January 2014 Lords Chamber

[Lord Faulks]

My Lords, this Government take the view that the sentencing of a particular offence is best left to the individual judge, who has knowledge and appreciation of the particular facts surrounding the commission of an offence. There are guidelines and, as the noble Lord will be aware, recent sentencing guidelines on sexual offences provided by the Sentencing Council, an independent body. If he cares to read those sentencing offences guidelines, he will realise how lengthy the suggested sentences are. If, in a particular circumstance, a judge passes a sentence which is unduly lenient, of course the Attorney-General can take that unduly lenient sentence to the Court of Appeal for review.

[Lord Dholakia (LD)]

My Lords, while there is concern that those sentenced to a non-custodial alternative may reoffend, is it not right that the courts should send to prison those whose reoffending makes any other course unacceptable, and that those who are sent to prison should stay there no longer than is strictly necessary?

[Lord Faulks]

My Lords, I speak as someone who sat as a recorder—a part-time judge—throughout the period of the previous Government, and deciding whether or not to send someone to prison is the most difficult task that we perform. Sometimes people have to be sent to prison; on other occasions, it is considered possible and sensible, in the long term, to provide them with the opportunity of rehabilitation within the community. This Government are committed to providing constructive things for people to do while they are being rehabilitated in the community, and I agree with my noble friend.