Imprisonment for Public Protection (Re-sentencing) Bill [HL]

Lord Garnier Excerpts

2nd reading
Friday 15th November 2024 Lords Chamber

[Lord Garnier (Con)]

My Lords, I declare my interest as a trustee of the Prison Reform Trust and as an unashamed admirer of my good friend the Minister for all that he did as chairman of the PRT and as chief executive of Timpson, before he became Prisons Minister, in advancing the cause of prison reform and the welfare of prisoners and former prisoners.

I thank the noble Lord, Lord Woodley, for his thoughtful and thought-provoking speech in support of his Bill, and I thank him for his Bill which provides us with an early opportunity in the tenure of this Government to debate the troubling issue of IPP sentences. Several of us—I see a number of others in their places in your Lordships’ House this morning—have been hammering away about this subject for many years. Although, thanks to the previous Lord Chancellor, my good friend Alex Chalk, some progress in bringing this brutal regime to an end has been made, it is fair to say that finishing the work that began with the abolition of the sentence in 2012 still looks some way off.

The latest MoJ figures from September 2024 tell us that there 1,095 offenders serving an IPP sentence who have never been released from prison on licence. Of these unreleased prisoners who have served their minimum tariff, about two-thirds have been held for more than 10 years beyond their tariff. There are, as the noble Lord mentioned a moment ago, almost 1,600—the number is 1,599—offenders subject to IPP sentences who are in prison on recall.

The English language is a rich one, but even it runs short of adjectives to describe the disgusting state of affairs that is described by people being recalled to prison for an indefinite period for minor breaches of their licences, having already been released many years after the tariff has expired. We must stop recalling people who have committed trivial or non-serious breaches of their licence.

Time does not permit me to set out the whole litany of disgraceful aspects of the IPP regime. For present purposes, while I can concede that there will be political and practical difficulties and risks for the Government, and additional burdens for the court, in having to administer a resentencing exercise for the 2,700 or so IPP prisoners in custody and the hundreds, if not thousands, of others out on licence, saying that it is all too difficult and that we can improve things only at a risk-averse glacial pace is unacceptable, inhumane and uncivilised. If the noble Lord, Lord Blunkett, who I am delighted to see in his place, the Labour Home Secretary who legislated for IPP 20 years ago, can bravely speak up for the need for reform, the current Labour Government should have the courage and decency to bring this miserable saga to an end without delay. As the noble Lord, Lord Woodley, indicated, resentencing does not necessarily mean immediate release from custody or licence restrictions in every case, although I suspect that in about 90% of cases that should be the result.

As the late Lord Brown of Eaton-under-Heywood memorably said several times in your Lordships’ House, the IPP sentence and its consequences are a stain on our criminal justice system. It may not be easy or convenient to remove that stain, but it is not impossible. The Government have a moral duty urgently to remove it, and now is not too soon.

Strategic Lawsuits Against Public Participation

Lord Garnier Excerpts

Wednesday 24th July 2024 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

I agree with that point, but it is a complex question and we want to look at it in the round.

[Lord Garnier (Con)]

My Lords, I declare an interest, in that I have been practising at the defamation Bar since the mid-1970s. Much has been said in this House and in Committee about the need for SLAPP laws. I invite the Minister to look, if he can, at the letter I wrote to his predecessor, my noble and learned friend Lord Bellamy, on this very subject just before the election; if he cannot look at it, I will send him a copy. Will he also undertake to put this matter before the Law Commission, so that we can generate rather more light than heat?

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I am happy to look at the letter and to consider whether the matter should go before the Law Commission.

Prison Capacity

Lord Garnier Excerpts

Wednesday 24th July 2024 Lords Chamber

[Lord Timpson (Lab)]

I thank the noble Baroness, Lady Watkins, for her question. Interestingly, this week I have heard of Members of Parliament in the other place complaining about people wanting to build a new prison in their area, and then people also complaining that we are closing prisons in their area.

The circumstances at Dartmoor are exceptional and it is a very unfortunate situation that we are in. We spoke to the Prison Officers’ Association, which I met last week to discuss our plans to support the workforce there. It has been a very successful prison, as I am sure the noble Baroness is aware; it has been very well run and has had very good outcomes. We need to make sure that we retain the talented staff who are there. I have also spoken to the local MP to assure him that we will inform him of everything we know as soon as it happens, and that we will maintain the prison while it is temporarily closed so it will be ready to be reopened if we can.

[Lord Garnier (Con)]

My Lords, I declare an interest as a trustee of the Prison Reform Trust, which is already known to the Minister. Will he accept that it was a great pity that, under the last Labour Government— I was shadow Prisons Minister during part of that time—a large number of prison farms and gardens and equally rehabilitative facilities were closed, allowing prisoners to leave prison unable to get jobs with Timpson and indeed unable to get jobs at all? Will he make it a point that, first, he gets direct access to the Prime Minister on prisons policy—without that, he may drift—and that, secondly, he will reintroduce prison farms and gardens and introduce purposeful activity in our prisons? There are too many prisoners sitting in cramped cells, essentially living in a shared lavatory, when they ought to be getting out, training, reading, writing and learning how to fend for themselves once they have left prison.

[Lord Timpson (Lab)]

I used to see the noble and learned Lord, Lord Garnier, at the other end of a much smaller table when I was chair of the Prison Reform Trust. He sat in the middle on the right. This time he is straight in front of me.

[Lord Garnier (Con)]

I am still on the right.

[Lord Timpson (Lab)]

He is still on the right. In fact, he never sat on the left.

I accept that farms and gardens are very positive in prison environments. In fact, one of the prisons I visited recently is HMP Haverigg, a prison that Prisons Ministers rarely visit at all at the far end of Cumbria. One of my goals in this role is to go and see the prisons that Prisons Ministers have never been to. At Haverigg there is a big focus on gardening and market gardening, which creates not just extra skills but a great nurturing environment for the prisoners there. It is also a source of income, because they have a little shop at the gate. That is something I am a big fan of and I will be ensuring that we do all we can to support that