Prison Capacity

Lord Ponsonby of Shulbrede Excerpts

Tuesday 17th October 2023 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

I thank the noble and learned Lord for repeating yesterday’s Statement. In broad terms, the Government aspire to increase the time spent in prison for some serious offenders and to reduce the chances of a prison sentence for less serious offenders. The Lord Chancellor put forward this package of proposals to address the immediate and entirely predicted crisis in our prison estate; it is full because of the mismanagement of the current Government over their whole period in office.

The Government’s mismanagement goes beyond the prison estate to the Probation Service. There has been a substantial decline in courts sentencing with community and suspended sentence orders over the past 10 years: they have halved in 10 years, and that is because of sentencers’ lack of trust in the robustness of community orders. We in the Labour Party support an increased use of community orders, but they require experienced probation staff in post, properly organised, with challenging community work and genuine community rehabilitation initiatives for them to work effectively.

The Government’s approach to the Probation Service has had a direct impact on the crisis and the overcrowding in the prison estate. We support the use of more sophisticated tagging, GPS and other more specialised tags, but they are no better than the experience and professionalism of the people and organisations that manage and monitor them. Can the Minister assure me that the Probation Service will form an integral partner in the monitoring and assessment of the effectiveness of tags?

Talking as a magistrate and sentencer, I can tell the noble and learned Lord that I very rarely sentence an offender of previous good character to prison. Far more often, the offender has a history of community sentences that have failed for one reason or another; therefore, the sentencer feels that there is no choice but to give a custodial sentence, sometimes a relatively short one, to mark both the seriousness of the offence and the lack of impact of previous community orders. Therefore, I fear the changes proposed by the Lord Chancellor will have relatively little impact.

On Thursday, I will be speaking at the conference of the National Association of Probation Officers, which represents the profession which has been under siege by the current Government. Will the Minister explain how the proposals in this Statement will rebuild the Probation Service so that pressure can be taken off the prison estate?

There has been much comment in the press in recent days about the advice to judges to delay sentences to mitigate prison overcrowding. My understanding is that this applies to Crown Court cases where an offender has been found guilty or pleaded guilty and has been given bail by the judge pending a sentencing report from probation. My question to the Minister is how long this delay is going to be. Will it be weeks or months? The Lord Chancellor has said it will apply only to less serious offenders, but we are dealing with Crown Court matters and these, by their very nature, are more serious. What guarantee can the Minister give that no sexual offenders or violent offenders will be walking our streets as a result of this delay? Will victims of these offenders be informed of the delay to sentencing?

I now turn to the Government’s programme to build new prisons. HMP Five Wells came on stream last year, and a second new prison is expected to come on stream relatively soon. When might we expect it to be active? A further three new prisons are stuck in the planning process: when might these other three prisons expect to come on stream? Multiple timetables have been published: where are we in this process?

On top of this, HMPPS is adding portakabins to the existing prison estate. I understand these are actually quite popular with prisoners because they have en suite facilities, but they add complexity and manpower requirements to the prison officers required to run the prison. How much will these portakabins mitigate the capacity issue in our prison estate?

We are also being told that the Lord Chancellor is looking at renting overseas prison capacity to mitigate the current crisis. How much will this cost, and how will this contribute to offender rehabilitation, where contact with family and friends is seen as being of primary importance to reduce the chances of reoffending on release?

On the deportation of foreign national offenders, last year the Government managed to deport 2,958 foreign national offenders. This is less than a third of the total number in our prisons and around half the annual number before the Covid pandemic. Why should the public believe the Government when they claim they can get a grip on the number of foreign national offenders in our prisons, when they have failed to do so until now? What difference will bringing forward deportation of foreign national offenders by six months make to the prison population, and by when?

I now turn to extradition. Earlier this year, I asked a Written Question about some German courts refusing to extradite prisoners to the UK because of concerns about the state of British prisons. On 30 May, the noble Lord, Lord Sharpe, answered my Question and wrote that while HMG does not comment on extradition requests, they do respond to requests for assurances from foreign states in relation to the matters I raised in my Question. Since then, there have been a number of further articles in the press where both German and Irish courts have refused extradition requests on the basis of the state of British prisons. This is a quality issue, not a capacity issue. Can the Minister comment on the assurances which his department gives to foreign states that our prisons are indeed fit, decent and suitable to receive extradited prisoners?

There is a lot of detail in the Statement. I have commented on some but not all elements of it. The necessity for this Statement is a culmination of systemic long-term underinvestment over many years. I cannot help thinking that the recently appointed Lord Chancellor has received something of a hospital pass in taking on his new role. The noble Lord opposite is in the same situation too. Can I ask the noble Lord about any consultation on their proposals and the timetable for bringing them in?

[Lord Marks of Henley-on-Thames (LD)]

My Lords, I welcome this Statement, in part at least, and I thank the Minister for making the time to discuss it with me yesterday. However, we profoundly regret the circumstances in which it came to be made.

At last, the Government recognise the disgraceful state of our prisons—with a current population of 88,000 and only 500-odd places unfilled across the estate and with serious overcrowding within that population. It is not all down to Covid, more remand and recall prisoners and industrial action. Indeed, the Statement itself points out that the prison population in England and Wales has nearly doubled over three decades. That is made worse by serious understaffing, dismal morale and, in consequence, a failure to recruit and retain enough prison staff.

Some of these measures we have long been calling for. We welcome the presumption against damaging short sentences, which are shown to be hopelessly ineffective, with sky-high reconviction rates and no chance of addressing mental health and addiction issues or training or preparation for employment. We welcome recognition of the need to concentrate on rehabilitation and reform and greater use of community and suspended sentences, but these must be supported, as the noble Lord, Lord Ponsonby, said, by probation and community services that are fully resourced and in overall operation.

However, much of this Statement just sets out panic measures from a panicked Government who have simply run out of prison space, despite all the warnings: doubling up in already overcrowded cells; the so-called “rapid deployment cells”, which the noble Lord, Lord Ponsonby, called portakabins—read “makeshift prefab temporary cells” with, importantly, no extra supporting services; cancelling maintenance projects that are essential to improve squalid conditions; and indiscriminate 18-day early release determined by the location where the prisoner is serving, not the prisoner’s suitability. Even worse, we are still resorting to using police cells, which are totally unsuitable for housing prisoners.

This Statement talks of giving the least serious, low- risk offenders a

“path away from a life of crime”.

However, all prison sentences should offer that—and to extend the metaphor, such a path needs to be properly planned, well supported and fully paid for, not just hurriedly hacked out of the undergrowth, to find a way out of a mess.

The long-term prison building plan is now way behind schedule, so I ask the Minister some questions about the Government’s plans for the medium term. Given that sentence inflation is in part fuelled by government policy, do they have other plans to reverse the inexorable rise in the prison population? What proposals do they have to cut the backlog in the courts to reduce the overload from remand prisoners? What exactly is proposed for an urgent end to the disgraceful extended incarceration of IPP prisoners? What changes are proposed to target recall—to moderate its use, which is often unmerited and should be specific and only used when needed? How do the Government propose to avoid shuffling prisoners around the prison estate to fill every available space, without regard for prisoner needs and welfare—in particular, the need for contact with their families and communities before release?

More importantly, what greater resources are proposed for the probation services so that community sentences work? The Statement claims credit for a past increase in funding but says nothing about the extra funding that will be needed to meet the increased demand resulting from these measures.