Offender Rehabilitation Bill [Lords]

Debate between Philip Davies and Lady Hermon

Tuesday 14th January 2014 Commons Chamber

[Philip Davies (Shipley) (Con)]

I apologised to you in advance, Mr Deputy Speaker, but I apologise to you again for missing the beginning of the debate on this group of amendments. I extend my apology to all hon. Members. I had an important meeting with the Secretary of State for Work and Pensions, and I got here as soon as I could. I did not intend any discourtesy, and I hope that no one will think that I have been discourteous.

I want to speak briefly about my amendment 7, which would delete clause 10. I do not want you to remind me that today is not a Friday, Mr Deputy Speaker, so I intend to be as brief as possible. Therefore, I will not read out exactly what is in clause 10, save to say that it makes special provision for the arrangements for supervision and rehabilitation of female offenders. As far as I am aware, the clause did not appear in the original draft, but was added to the Bill at some stage in the other place. Perhaps the Minister will expand on the reasoning behind the Government’s keenness to accept the clause, given that they do not appear to have been keen to introduce it in the first place.

The reason I object to clause 10 and therefore seek to delete it is that it is absolutely unnecessary. I suspect that it was put in—I hope that the Minister can help us here—to appease those whose whole mission in life is to keep virtually everybody, but female offenders in particular, out of prison. They have perpetuated a myth, which has built up a head of steam over recent years, that—bizarrely—women are treated more unfairly than men in the criminal justice system.

I pressed the Minister during Justice questions not long ago—I think it was just before Christmas—on whether he accepted, agreed with and stood by the figures produced by his Department on rates of offending, reoffending, sentencing and all the rest of it in relation to male and female offenders. I got the impression that he was prepared to stand by the Ministry of Justice figures. If so, and he still stands by them, he should clearly know that not this bizarre claim that women are treated more harshly in the criminal justice system but the exact opposite is the truth.

As it happens, as I am sure that the Minister knows, for every single category of crime, men are more likely than women to be sentenced to prison, to be given longer custodial sentences and to serve longer proportions of their sentence in prison. Yet clauses are still introduced to Bills to try to give even more preferential treatment to women in the criminal justice system, which is totally and utterly unjustifiable. There is this sort of politically correct myth that women offenders are currently hard done by and need special protection.

I am not a big fan of the equality agenda. In the previous Parliament, not only did I introduce an awful lot of amendments to the then Equality Bill, but I voted against it. This clause is a perfect example of why the equality agenda is such a sham. It should not really be called the equality agenda. It should be called the “equality but only when it suits us agenda”. All the people who campaign so vehemently on these issues argue, quite rightly, that men and women should be treated the same. There should be no difference in their pay, the way they are treated in the workplace and so on. I agree with the premise that we should be gender blind in all matters. That, to me, is true equality. It should not matter what somebody’s gender is. It should not matter what their colour is, what religion they are or what their sexual orientation is. Those are all irrelevances when it comes to anything, whether it is what they are paid or what opportunities they are given.

It therefore seems to me that gender should also be irrelevant in how the criminal justice system treats offenders. It should not matter whether the offender is male or female—they should be dealt with on the basis of the crime they committed, the seriousness of the crime, the persistence of their offending and their likelihood of reoffending. I do not see what on earth their gender has to do with any of those factors. Their treatment should be gender blind.

I believe that the view I have set out, which is that everybody should be treated the same, irrespective of their gender, is what most people would sign up to. If that is the case, perhaps the Minister and the other Members who support clause 10 will explain—because for the life of me I cannot see it—why they believe that everybody should be treated the same, apart from when it comes to sentencing and the treatment of offenders. Perhaps when he winds up, the Minister will explain why he thinks that women should be treated far more preferentially in the criminal justice system. If anybody doubts that, I have all the figures to hand. In the interests of time, I will not bandy them about the Chamber, but I have them here and am happy to share them with anybody. They are the figures from the Ministry of Justice itself and the evidence is striking.

Women are treated more favourably than men not only when it comes to being sentenced to prison, although that is particularly stark, but in the recommendations of the probation service. In a recent parliamentary question, I asked on how many occasions the probation service makes a recommendation of immediate custody for sentencing in the Crown court, which considers the most serious offences, for men and for women. The probation service recommends immediate custody for 24% of men who are up before the Crown court, but only 11% of women.

People would be forgiven for thinking, on the basis of that statistic, that the probation service is already bending over backwards to treat women more favourably than men in the criminal justice system. It recommends prison twice as often for men as it does for women. And yet there is a clause that seeks to make the probation service go even further in giving preferential treatment to women. That seems to me to be completely unnecessary.

The Minister might have been better served finding a way to ensure that men are treated more fairly in the criminal justice system, because that is where the problem lies at the moment. The figures on that are stark, and yet the Minister wants to go further in the opposite direction. The argument I have heard is that women should be a special case because they are often more vulnerable, but that ignores the fact that there are plenty of men who come from vulnerable backgrounds as well. Why are we not interested in those people? Why are we not giving them a fair lick of the sauce bottle, as they say in Australia? Why is it only vulnerable women offenders that we are bothered about?

Not only is what I have said about prison sentencing true, but men are more likely than women to be given the highest level of community order. More men than women go to prison, so we might therefore expect women to get more higher level community sentences than men because of the shortage of numbers going to prison. Even at that level, however, more men are sentenced to the highest level community orders than women—10% of women compared with 16% of men. At every possible level in the criminal justice system, men are already treated far more harshly.

So that the Minister is aware of this I will quote the latest report from the Ministry of Justice, “Statistics on Women and the Criminal Justice System 2011”, which makes it clear that on average, women receive shorter and less onerous community sentences:

“The average length of a community order and Suspended Sentence Order for women (12.9 and 17.8 months) was shorter than for men (at 15.0 and 18.3 months respectively). The average length of both orders was also shorter for women in each of the four preceding years.

Women beginning the most common types of supervision orders in 2011 generally had fewer requirements with which to comply than men. For community orders, 43 per cent of women and 51 per cent of men were given more than one requirement with which to comply. For Suspended Sentence Orders, the corresponding proportions were 55 per cent for women and 63 per cent for men.”

Women were also more likely than men to be given supervision as a requirement, and regarded as a lower risk category when being assessed.

There are already sentences run by probation services that women cannot be given, even if they fit into the offending type. The hon. Member for Hayes and Harlington (John McDonnell) referred to his new clause 12, and the sad thing about that is that it perpetuates the problem I am trying to highlight. It states:

“It shall be the responsibility of the National Probation Service to provide all Building better relationships rehabilitations programmes for male perpetrators of domestic violence”.

As it happens, there are an awful lot of female perpetrators of domestic violence. They may not be a majority, but there are an awful lot of them and in some age groups I think they are the majority of offenders. The new clause states that only male offenders are required to go on treatment programmes, and there is nothing about female offenders. I would have supported the new clause if it also included a requirement for female perpetrators of domestic violence to go on those courses, but the hon. Gentleman has spectacularly failed to mention that, for reasons best known to himself.

[Lady Hermon]

I have listened patiently to the hon. Gentleman, but with increasing exasperation. Has he made equal efforts to obtain statistics from the Department of Health about the impact on the mental health of women who have been sent to prison or had custody orders imposed on them and—just as importantly—on the welfare and health of the children of women who have been sent to prison? I would be interested if the hon. Gentleman read out those statistics to the House.

[Philip Davies]

I am delighted; I am trying not to go off the scent, so to speak, but perhaps you will allow me, Mr Deputy Speaker. I am sure these facts are a terrible irritation to the hon. Lady and may not suit her particular agenda and the world she would like to portray, but I am merely stating the facts as produced by the Ministry of Justice. If she does not agree with the statistics, she should feel free to contact the Minister. I can do no more than ask questions and get the answers.

The hon. Lady asks about children, and there may well be a case there. I would not mind so much if people said to me, “Well, of course women are treated more favourably in the criminal justice system, but there is good reason for that because they might have to look after children.” If somebody wanted to go down that line of argument I would at least have some respect for that; the point may or may not be valid, but that is not the argument that is made. The argument is that women are treated more harshly in the criminal justice system, but—quite frankly—they are not. It is no good people pretending they are when the facts are perfectly stark: they are not.

As the hon. Lady mentioned children she might want to bear it in mind—again, the Ministry of Justice made this clear—that two-thirds of mothers who are sent to prison are not even looking after their children at the time. In two-thirds of cases the children have already been taken off those mothers because they are not deemed fit to look after them. The people we are talking about are hardly great role models for their children. In fact, some prisoner organisations have made it clear that it is actually a relief when the mother is sent to prison—in one case they described those mothers as causing “merry hell” in their families. Therefore, the idea that it is to everybody’s advantage, including the children, to keep persistent and serious offenders out of prison to look after children is a bizarre one by anybody’s standards.

[Lady Hermon]

I am most grateful to the hon. Gentleman for taking a second intervention so promptly. When did he last visit a women’s prison? Will he do me the great courtesy of accepting an invitation to Northern Ireland to see the conditions in which women prisoners in Northern Ireland exist? I would be grateful for a response on both points.

[Philip Davies]

I would be delighted to visit Northern Ireland. As it happens, I have been a regular visitor to prisons around the country, including women’s prisons. I have visited 12 or 13 prisons in the UK, including two female prisons. I have also visited prisons in America and Denmark to see how they treat offenders. My point is that there is no justification for the new clause and no evidence to justify it.