Prisons

Michael Gove Excerpts

Wednesday 25th January 2017 Commons Chamber

[Richard Burgon]

I have already said that I will not give way any further.

The warehousing of thousands of people without any support or access to rehabilitation means that when they leave prison, as they inevitably will, they will be in exactly the same position as when they entered. They might still be drug-dependent. They might still be homeless. They might still be in poverty. It is right—in fact, it is our duty—not to be complacent, but to reflect and ask ourselves whether the way in which we deal with at least some of those who break the law is working. With many offenders, it is not. Their stay in prison is too short to teach them new skills, or for them to obtain a qualification or stabilise a drug addiction.

In recent weeks I have met stakeholders who question whether it is worth sending people to prison for a few weeks or a few months, and I have met prison officers who lament that they see the same people over and over again. When stakeholders, people at the frontline and experts raise such matters, we must take them seriously. We must punish and we must deliver smart sentences as well as strict sentences, always asking ourselves what the best way is to protect the public. I firmly believe that MPs must have that urgent discussion.

[Michael Gove (Surrey Heath) (Con)]

Smart and strict—what does it mean?

[Richard Burgon]

The number of questions being shouted out by Government Members makes me wonder whether they know what they are presiding over. There are risks with sending people to prison, particularly for the first time. [Interruption.] There is laughter from the Government Front Benchers, but the situation in our prison system is not a laughing matter. They should take this debate seriously.

We throw people into the prison river, and the currents sweep them towards more drugs and more crime than they experienced outside. If rehabilitation fails, it is a failure to protect society. I must ask what the Justice Secretary is doing about imprisonment for public protection sentences. She urgently needs to come up with a scheme to release those whom it is safe to release. She should consider how that can be done—perhaps by releasing those people on a licence period in proportion to their original sentence.

In November last year, my right hon. Friend the Member for Tottenham (Mr Lammy) published the interim findings of his review into the treatment of and outcomes for black, Asian and minority ethnic people in the criminal justice system. The stark findings of the review have implications for our prisons. For every 100 white women handed custodial sentences in the Crown court for drug offences, 227 black women were sentenced to custody. For black men, the figure was 141 compared with 100 white men. BAME men were more than 16% more likely than white men to be remanded in custody. Those figures ought to be of concern to the Justice Secretary, and she has a duty to find out why that is happening and what can be done about it. The findings are troubling in and of themselves, but such disproportionate sentencing adds to the strain on our prison system.

Rehabilitation is essential to any serious criminal justice system, but we are not yet getting it right. Most people who are in prison will one day leave prison, so if we are to protect the public and keep our communities safe, rehabilitation must be properly funded and taken seriously by politicians as an aim. It must not be treated as a soft option. Between January and December 2014, 45.5% of adults released from prison had reoffended within a year. Of those released from a sentence of less than 12 months, 60% went on to reoffend.

When the right hon. Member for Epsom and Ewell introduced the transforming rehabilitation programme, the probation service was reckoned to be performing well. Many stakeholders issued a warning against the breakup of the probation service but, as with many Ministry of Justice consultations at the time, the public were simply ignored and the proposals pushed through regardless. Community rehabilitation companies received negative reports last year in Derbyshire, Durham and London.

--- Later in debate ---

[Richard Burgon]

What has happened to the probation services in the area and region that my hon. Friend represents is indeed a travesty. The privatisation of the probation service has been a disaster.

[Michael Gove]

Will the hon. Gentleman give way?

[Richard Burgon]

I will give way, but I promise that this is the final occasion.

[Michael Gove]

The hon. Gentleman has drawn attention to what he considers to be weaknesses in current sentencing, the approach to IPPs, the approach to rehabilitation and the handling of probation, but he has not come forward with a single positive alternative. In the moments remaining to him, will he enlighten the House about what Labour would actually do, other than simply complain?

[Richard Burgon]

I certainly will do so, if the right hon. Gentleman will just bear with me.

The inspectorate of probation’s report of May 2016 found that the work of the national probation service was considered better in a number of important areas. As I have said, privatisation of the probation service has failed. Of course, it is not just down to the Ministry and to probation to support people; if people are leaving prison faced with the same conditions as before they entered it, that will make any meaningful change difficult.

Support is needed: it is needed for employment and for housing. One women’s prison had inmates leaving with nowhere to live, and it was handing out tents and sleeping bags to people when they left. This cannot be a feature of a modern justice system in the fifth-richest country in the world. The Prisoners Education Trust, while welcoming the White Paper, has said that

“in today’s economy, gaining meaningful employment depends on more than just the ability to read and write. If the government is serious about lowering reoffending, it needs to equip people in prison with the attitudes and aspirations”—[Interruption.]

--- Later in debate ---

[Michael Gove (Surrey Heath) (Con)]

It is a privilege to follow the right hon. Member for Don Valley (Caroline Flint). She is a highly effective advocate for the causes in which she believes, and she was an outstanding Minister. I hope that when the Labour party comes to its senses, she will be restored to the Front-Bench position that she deserves.

Congratulations are also in order to the shadow Justice Secretary, the hon. Member for Leeds East (Richard Burgon). It is important for us to have an opportunity to reflect on what is happening in our prisons. The hon. Gentleman has devoted his life to justice, as a distinguished trade union lawyer, and I am grateful to him for securing the debate. It was a pity, however, that while he understandably drew attention to concerns about what is happening on our prison estate, he did not put forward a single positive alternative proposition. The contrast between his speech and that of my right hon. Friend the Lord Chancellor and Justice Secretary was striking.

My right hon. Friend has been in office for less than 12 months, but during that time she has unveiled and advanced a series of reforms that I believe have the potential to transform our justice system more powerfully, for the good, than those of any of her predecessors for a generation. The fact that she dealt so skilfully with interventions, and also outlined—not just in policy detail, but with authority and humanity—what needs to be done, underlines how fortunate we are to have a genuine, passionate and humane reformer in such an important role.

It is right to pay tribute to those who work in our prisons, and I expect that nearly every speaker in the debate will do so. I always remember a visit that I made to HMP Manchester, formerly Strangeways prison, during which I talked to a prison officer who was working with the most refractory and difficult prisoners. I asked him why he had chosen deliberately to work with some of the offenders whose cases were the most complex and whose behaviour was the most threatening. He explained that he had been brought up in a part of Manchester that was afflicted by crime, with unique challenges, and that one of the things that he wanted to do was put something back by working with offenders to ensure that their lives were changed and that, as a result, people who had been nothing but trouble—people who had been liabilities to society, people who had brought misery and pain into the lives of others, people who were wasting their own lives—could be turned into assets, and we as a society could ensure that whatever talents they had, long buried in many cases, could at last be put to the service of the community.

I remember being inspired by the fact that this young man from a working-class background had decided that the greatest service he could give to the community that had raised him was to try to turn around the lives of others, and it is that spirit that animates nearly everyone who works in our prison system. Despite the occasional frustrations that I experienced in dealing with members of the Prison Officers Association when I was Justice Secretary, I was never for a moment anything other than grateful for their service, their commitment and their dedication. That is why I am particularly grateful to my right hon. Friend for the steps that she has taken to enhance the way in which the professionals who work in our prisons can do the right thing—not just the reform governors who are changing the way in which prisons work by exercising a greater degree of control and autonomy over the individual prisons that are their responsibility, but those who work on the front line in our wings, particularly, but not only, in our reform prisons, and who are being empowered to play a much more positive role in encouraging and securing rehabilitation.

I pay particular tribute to my right hon. Friend for an initiative that she has unveiled, Unlocked for graduates. As she pointed out, more than 350 undergraduates from some of our very best universities have now applied explicitly to work in prisons. Just as Teach First played a part in transforming the reputation of teaching, so this initiative is helping to recruit more people to our prisons. Alongside the work of Unlocked, the implementation of Sally Coates’s review of prison education is ensuring that those who are in custody finally receive a higher quality of education and the chance to transform their lives for the better. Moreover, the work of Charlie Taylor in reviewing youth justice is being followed up and implemented by my right hon. Friend. In so doing, they are making sure that those whose contact with the criminal justice system occurs relatively early in their lives, and who would otherwise be set on a course of criminality, are diverted from crime and assured of a productive future at the earliest possible stage.

I think we can all draw an important lesson from the experience of the youth justice system over recent years. It is the case that youth crime has fallen dramatically in the last few years, and that at the same time the number of young offenders in custody has fallen as well. It is not the case that in order to be tough on crime, we need to maintain the same number of individuals in custody as the number we currently have. There are smarter alternatives to incarceration that we need to contemplate. Let me be clear, however: there will always be some criminals for whom custody is the only appropriate answer, given the seriousness of their crimes and their capacity to reoffend. Sometimes society will be so outraged by particular crimes that incarceration is the only answer.

[Oliver Colvile (Plymouth, Sutton and Devonport) (Con)]

As my right hon. Friend may know, I represent an inner-city constituency. A couple of years ago, on a visit to a Salvation Army centre, I came across someone who had been in prison, had become institutionalised by the experience, and therefore wanted to go back fairly soon afterwards.

[Michael Gove]

My hon. Friend is absolutely right. Some individuals become institutionalised by prison life, and many individuals, as my right hon. Friend the Secretary of State pointed out, are in prison as a result of problems they acquired—mental health problems, substance abuse, or related issues—which mean that their behaviour is such that, for their own health and for society’s safety, they need for a time to be separated from society. But they should not be in prison; they should be receiving appropriate mental health care, because the custody and incarceration environment they face will only harm them and will do nothing either to heal them or to make sure they become positive and contributing members of society.

One thing I would like to see—I know my right hon. Friend is looking closely at this—is the possibility of building on the experience of problem-solving courts, where those charged with sentencing offenders have the option, of course, of custody, but can also say to the offender that if they commit to undertake either an appropriate course of mental health care or to deal with their drug or alcohol addiction or to change their behaviour in a meaningful way, they have the opportunity to serve their sentence out of custody.

I also think that release on temporary licence is the right way to go. There should be the opportunity for people who have shown genuine redemption and a desire to commit to society to be released early under strict terms, so that they can reacquaint themselves with the world of work and learning. I know of one prisoner, C. J. Burge, who has been serving her sentence, after one horrendous mistake, in a women’s prison in Surrey, and who, as a result of the sensitive use of release on temporary licence has not only been able to act as a mentor to young offenders, to steer them away from a life of crime, but is now pursuing training to become a barrister in order to ensure that a life that she herself was responsible for harming can now be turned to good. I think all of us in this House can embrace that example and that path, and for that reason I support the amendment.