Prisons

Paul Holmes Excerpts

Tuesday 24th October 2023 Commons Chamber

[Damian Hinds]

My right hon. Friend is correct that, when someone is deported in this way, they are not allowed to return. Were there time remaining on the sentence, as I outlined, that time would be servable if they did come back illegally.

This instrument will ensure that certain foreign national offenders can be removed earlier. We seek to extend the removal window in the early removal scheme from 12 months to 18 months, meaning that we would be able to deport an eligible foreign national offender up to six months earlier, still subject to the minimum required proportion of time having been served. This builds on changes we introduced last year in the Nationality and Borders Act 2022, which extended the maximum from nine to 12 months. As I just alluded to, we also added the “stop the clock” provision, so that anyone removed from the UK under the early removal scheme will have their sentence paused following removal and reactivated if they illegally return to the UK at any point, which means returning to prison to complete their sentence.

[Paul Holmes (Eastleigh) (Con)]

Does the Minister agree that it is unsustainable that foreign national offenders in our prisons are costing the taxpayer £500 million a year, and that the actions he is taking will ensure that there are savings in the system, so that prisons can work more efficiently?

[Damian Hinds]

My hon. Friend is exactly right about the significant costs involved. It is expensive to keep somebody in custody, at an average of £47,000 a year, and we want to make sure that the British taxpayer is not paying unnecessarily for people who do not need to be here and can be removed to their home country and not be allowed to return. Extending the window to 18 months will make it possible to do so for certain foreign national offenders at an earlier point. In preparation for this change, the Home Office is increasing the number of caseworkers to facilitate those removals, and that is the central part of the combined effort between the Ministry of Justice and the Home Office.

--- Later in debate ---

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

I thank the Minister for his speech, and for a valiant attempt to defend 13 years of failure, not just within our prisons but across the wider criminal justice system. The Opposition will be supporting this order—the change to the timing of release for foreign national offenders—because the Government have got themselves into a mess and, once again, it is the job of the Opposition to help them get out of that mess. We will be supporting this change because we are a responsible party, and because we know that the crisis in our prisons needs to be addressed. The order is a necessary measure to tackle the overcrowding crisis in our prison estate. However, I want to make it clear that it is a half-baked measure, cooked up in a panic in the Department. It is a change that has neither been consulted on nor planned, one that comes as part of a quick rush to address the overcrowding crisis—a crisis that has been long coming, but I will get on to that later.

Mr Deputy Speaker, we are both old enough to know that this is a theme under Conservative Governments. I recall that, back in the 1990s, prisons were so poor that prisoners were escaping with ease—the Conservatives are in such dire straits that they have begun recycling their scandals. It is no wonder that the public, having been through this, know what failure looks like. That is what we are confronted with today: a failure to protect the public, a failure to protect victims, and a failure by the Government to ensure that our prisons have enough space.

I will cover three areas in my remarks: the lack of planning around our prison population, the implementation of this new programme, and the wider issues around victims. Let us first look at the lack of planning. The overcrowding crisis in our prisons has been looming for years, with the National Audit Office, the Justice Select Committee and the Chief Inspector of Prisons all having warned the Government about it. In 2020, the Government were told specifically by the National Audit Office that they were unlikely to be able to build the 20,000 prison places they promised by the mid-2020s on time, yet the Government ignored that warning. I guess those 20,000 prison places are in the same place in the sky as the 40 new hospitals and 50,000 new nurses.

Back in 2016, the then Conservative Prime Minister said of the Prison Service that

“the failure of our system today is scandalous”.

If it was scandalous in 2016, I am not sure what word we would need to use now—perhaps something rather unparliamentary. When asked about this failure, the Government and the Ministry of Justice will point to the new prison places they promised, yet only around 25% of those places have been delivered. Plans for new prisons have been delayed and I understand from a report in The Guardian that one MOJ official said that badgers—yes, badgers—were to blame for a delay in building a new prison. The crisis has got so bad that the Government have been forced to use police cells as alternatives to prison places.

We should also remember that this is not the first time that the Government have made promises about the removal of foreign national offenders. Back in 2015, the then Prime Minister, the former Member for Witney, spent £25 million to help Jamaica build a new prison—of course, like a lot of the promises he made, it fell through. Successive Conservative Governments have made promise after promise on foreign national prisoners, and those promises have fallen through every time. This is not even the first time that this policy has been looked at: we saw changes regarding foreign nationals in recent legislation, and the Government considered changes to the early removal scheme last year.

[Paul Holmes]

The shadow Minister has mentioned overcrowding in our prisons, which is a problem. As the Minister outlined, there are 10,000 foreign national offenders in our prison estate. I welcome the fact that the shadow Minister will vote for the motion today, but can she explain to this House why at every stage, her party has voted against legislative measures to ensure that those people are removed, which would remove the problem that she is castigating us for?

[Ruth Cadbury]

I am new to this brief, but I do not believe that is the case.

If the Government considered this change in the past, why did they not introduce it back then? Did they think it was better to wait for a crisis? We should remember that this prison crisis—which has been looming for years—is having an impact every day on prison staff, inmates and the victims of crime. We still have prisoners having to use a bucket as a toilet in their cell. We have prisoners locked up for 22 hours a day, and prisons so understaffed that prison officers cannot even take prisoners to the library or to classrooms for education. Education is so essential to those prisoners’ rehabilitation, and for many of them, it is a condition of their eventual release. It is no wonder that the latest figures show that the reoffending rate has risen: it now stands at 25% for male former prisoners. That cycle of crime creates more victims.

I now turn to the detail of the order and its implementation. The policy will require significant input from the Home Office, along with the MOJ. As one prison governor has said,

“I expect it will require significant numbers of new Home Office staff for this initiative to be effective.”

We understand that the Home Office already faces huge problems with staffing, and I am sure I speak for many Members across the House when I say that I do not have complete faith—or even much faith at all—in the Home Office after the mess we have seen them make over the past year. Nor can I say I have much faith in the Home Secretary, the right hon. and learned Member for Fareham (Suella Braverman), who always seems to be auditioning for the role of the next Leader of the Opposition.

We also know that this Government have talked a lot about foreign national offenders, but after 13 years of Conservative rule, the number of removals of FNOs has dropped by 40%. The Government will point to the impact of covid, but in 2022, the Government were removing around half the number of foreign national offenders that they were pre-covid. What are the Government doing differently this time? Whether they are removing foreign nationals with 12 or 18 months left of their sentence, the point remains that the Government still need to be able to remove offenders from the UK.

I am sure the Minister will have prepared lines about the Opposition and our approach, so I will give him advance notice that we do have a plan. Labour would create a returns unit to triage and fast-track the removal of those who have no right to be in the UK, including foreign national offenders. We will recruit an additional 1,000 Home Office caseworkers to tackle the drop in removals that we have seen since the Conservatives entered office in 2010.

Having looked at both the Government’s statement last week and the memorandum attached to this statutory instrument, I could not see any information about the estimated cost or the additional resources needed, including for any legal costs or challenges to deportation. The Government need to set out exactly how many more caseworkers are needed and how much this plan will cost the taxpayer. The prisons crisis is already costing taxpayers; for example, over £20 million is spent on using police cells for prisoners, and I suspect that number will rise. A running theme from last week’s announcement is the large hole in funding. In particular, the grossly overstretched probation service will be expected to pick up a lot of the pieces from the Government’s latest crisis.

I want to finish by speaking about victims, in the context of both this statutory instrument and the wider criminal justice system. As a party, we have been clear that we want a justice system that works for victims, protects them from crime and supports them. I have one question for the Minister: could foreign offenders who commit violent or sexual offences be freed to their home country up to 18 months early because of this change? Will he take this opportunity to reassure victims that that will not be allowed to happen? Victims of crime will be worried that perpetrators will be released early. Over the past month, I have heard from prison staff, probation officers, inspectors, non-governmental organisations and so many across the criminal justice system about just how much of a mess our prisons and wider justice system are in, and that is because of 13 years of Conservative misrule and mismanagement.