Queen’s Speech

Lord Hastings of Scarisbrick Excerpts

Monday 21st October 2019 Lords Chamber

[Lord Hastings of Scarisbrick (CB)]

My Lords, we return to the Queen’s Speech and I shall concentrate my remarks on the criminal justice aspects of it. My interests are well known and listed in the register: I was the co-founder of Catch22, of which I remain a vice-president; I was the chairman of Crime Concern for 15 years; and I am a regular prison visitor.

When the Prime Minister became Prime Minister and appointed the Home Secretary, the two of them were to be found rushing around the country with popular newspapers in tow seeking to grab as many headlines as possible about being savage and unkind to prisoners. It sounds like a good piece of election rhetoric to inflict as much injudicious pain as possible on those whose crimes are well known, but it is very petty policy. It is intended to reassure the public that the Government are tough on the nasty people but it comes from a nasty place. It comes from wanting to make us, in effect, more fearful and therefore to trust government institutions.

We do not need to spend more time in this House or over any part of the years to come on the subject of building new prisons and adding more prison places. We all know that our system is broken and does not work effectively. We incarcerate far too many people, we lock them up for far too long, and we ensure, by the bad manner in which we hold them behind bars, that very few are effectively rehabilitated and that they do not return to society as sound citizens. Our rehabilitation rates are poor and the return-to-prison rates far too high. What we really required in the gracious Speech was the recognition that we need to learn from other parts of the European Union and Latin America that are closing prisons, reducing the number of offenders who go to prison and moving towards civilising and supporting individuals with their mental capacity, their ability to learn and educate, and the option to contribute, again, as responsible citizens.

One thing that I have learned in my now extensive and very regular prison visits in the south of England, particularly in Kent, is that after a few years many of the men locked away for extensive periods learn the hard lessons of their foolishness and victimisation. However, under our system we are committed to retain them behind bars for maybe 20 or 30 years, paying an extensive cost, estimated to be between £48,000 and £50,000 a year—more than it costs to send a child to Eton—and, for young offender institutions, between £80,000 and £120,000, which, again, is a multiple of what it costs to send a child to the most expensive and some of the best private schools in the country.

Therefore, this multibillion pound system, which is piling on more people and more young offenders and regularly returning many more to prison, is simply not delivering success, opportunity, fairness or justice. It is not good policy to go around beating up those who are already destitute by their own failure and, on many occasions, are very highly repentant and determined to be responsible citizens of the future. Instead, we need policies committed to returning them safely to society and we need their support, as taxpayers, as contributors to the strong society that we all need.

I hope that the Minister will consider, and maybe reply, on the thought that it is about time that we had a royal commission to consider the nature of sentences, particularly for serious crimes, the length of those sentences and how the rehabilitative process should be better undertaken, learning the lessons of countries—especially Nordic countries—that have moved to much more open prison policies and offer educational and emotional support, dealing with fundamentals such as drug abuse and mental pressure issues, and taking the savagery out of a system that is not delivering us a safe society.

The comment in the briefing provided to us by the Library from Frances Crook, the chief executive of the Howard League for Penal Reform, could not say it better:

“This is not about protecting victims. This is not making communities safer … it adds to increasingly punitive rhetoric emanating from government. The tenor of the debate on crime and punishment seeps into the public discourse insidiously. At a time when the nation is already divided and increasingly angry, adding this fuel to the fire is irresponsible”.


Therefore, we need a royal commission to at last open up this question and stop fearing the tabloid headlines, which just want to say, “Push them away more firmly”. I noted the Prime Minister’s visit with the Home Secretary to a prison in, I think, Leeds, where they rushed along the corridors and did not talk to any prisoners in an attempt to understand the reality of their lives, instead standing with prison officers and pointing out how dreadful the people behind bars were. They are citizens—members of our communities—and they will return to our communities. If we do not deal with them properly, they will repeat their crimes at great public cost. We have to learn from the pattern of failure.

I want to make a quick comment on the stop and search extension proposed under the legislation. I have said many times in this House that it is downright folly. Coming from one of the ethnic minority communities—a black community—and knowing many young men who have been stopped and searched, I can tell your Lordships that this does not drive an effective approach to safety or policing; it builds phenomenal resentment and causes additional unhappiness and crime, and of course it is an inappropriate way to handle young men.