Sentencing (Green Paper)

Rehman Chishti Excerpts

Tuesday 14th December 2010 Westminster Hall

[Mr Hollobone]

I am grateful for that intervention. I have some statistics that I shall use later about how we do not have enough people in prison in this country, which relates to the point that my hon. Friend has just made.

[Rehman Chishti (Gillingham and Rainham) (Con)]

Does my hon. Friend not agree that we have to look at overall sentencing in three respects—punishment, rehabilitation and deterrence? Given what the previous 13 years have left us, I completely agree with him—criminals have had it far too easy in prison. The Government’s payback proposals will ensure that prisoners go out and work. When a compensation order is passed in court, they will no longer be able to say, “We haven’t got the money; we are on welfare.” The Secretary of State’s proposal will ensure that they have to work, earn their keep and pay back the money. That must be a good thing.

[Mr Hollobone]

My hon. Friend is right about that, but prisoners need to work more in prison. On page 9 of the Green Paper, I am pleased to see the coalition Government say:

“Prisoners will increasingly face the tough discipline of regular working hours. This has been lacking in prison regimes for too long.”

I say, “Hear, hear” to that.

[Mr Hollobone]

It should be pursued, yes, but not for persistent and prolific offenders. Far too many nasty people commit all sorts of horrible crimes and never find themselves in prison. On page 6 of the Green Paper, the coalition Government say:

“Recent evidence suggests there is a group of around 16,000 active offenders at any one time, who each have over 75 previous convictions”.

The document goes on:

“On average they have been to prison 14 times, usually for less than 12 months, with nine community sentences and 10 fines.”

Prison works but only when people are sent to prison for an appropriate amount of time. It is clear to all of us that short prison sentences do not work. My solution is to send these very nasty 16,000 people to prison for longer so that they can be rehabilitated before being let out into the community.

[Rehman Chishti]

With regard to short sentences, is it not the case that a prisoner who is on six months will do three months and be transferred from one prison to another and then another? Therefore, there is no effective rehabilitation within the system. If the prisoner stays in one prison, he will have management and structure rather than being pushed from one prison to another. Does my hon. Friend not agree that that must be changed?

[Mr Hollobone]

That is an excellent point with which I entirely agree.

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[Mr Hollobone]

I am sorry, but that person is a nasty person. Just because someone is not violent does not mean that they are not nasty. I contend that the reason that they are reoffending is that they never serve their sentence in full. Even if someone is sentenced to 18 months for shoplifting, no one in this country will ever serve such a sentence. They might be sentenced to that, but the chances are that they will be out reoffending within six months. My contention is that such people need to be in jail for at least a year to enable proper rehabilitation to take place.

[Rehman Chishti]

My hon. Friend is spot on in terms of what went on from April 2007 to April 2010 when some 80,000 prisoners were let out on early release. That was absolutely shocking. When a sentence is passed, we must ensure that it is fully complied with.

[Mr Hollobone]

My hon. Friend is absolutely right. The previous Government made an almighty mess of this. Even though I disagree with the main thrust of this Green Paper, I commend the coalition Government for taking an organised and proactive interest in trying to address this issue sensibly, which the previous Government did not do.

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[Mr Hollobone]

I agree with my hon. Friend. However, prison conditions are far too luxurious. I think that it is 1,500 prisoners who have Sky TV in their cells. I have lots of constituents in Kettering who cannot afford Sky TV. It is a scandal that prisoners receive a bigger allowance for their daily meals than our troops in Afghanistan. In many cases, prison accommodation is too comfortable.

On the other hand, I accept that when a prison is overcrowded it makes rehabilitation more difficult and it is appropriate that we have the right number of cells for the prisoners whom we need to house. However, there must be a limit on the quality of the accommodation on which we are currently spending lots of money.

The other point that I wanted to draw to the House’s attention is the fact that the country with the lowest prison rate—the UK—has the highest crime rate. Is that a coincidence? I do not think so. We have more than 10,000 crimes for every 100,000 people. The country with the highest prison rate, which is the US, has the lowest crime rate; it has about 4,500 crimes for every 100,000 people. Canada, which is the country with the second lowest prison rate, has the second highest crime rate. The EU has the second highest prison rate and the second lowest crime rate. That is not a coincidence. My hon. Friend the Member for Shipley (Philip Davies) has done a lot of very good work in this House in highlighting these statistics, which I think blow apart this namby-pamby approach to having soft community sentences to tackle the behaviour of some very nasty people.

[Rehman Chishti]

I wanted to make a point with regard to community penalties. I have been at the criminal Bar and prosecuted and defended many cases. Is it not the case that the Green Paper should be welcomed, because community penalties will be tied in with greater use of curfew orders? We should give offenders hard work during the day, make sure that it is done and that it is hard work, but we must also ensure that their liberty on Friday and Saturday nights is completely curtailed, so that rather than have them committing crimes, going out until the early hours and making a nuisance of themselves, we should make greater use of curfew orders, which is what this Green Paper is all about.

[Mr Hollobone]

I agree with my hon. Friend that if we must have these community penalties, they need to be tough and unpleasant. Frankly, the gangs that I have seen taking part in these sort of activities have not been that disciplined, were not working that hard and I very much doubt the utility of the work that they were doing.

[Mr Hollobone]

Yes, but my contention is that there are some unpleasant people out there who will commit crime unless they are prevented from doing so by being put in prison. When half the crimes committed in this country are being committed by 10% of the offenders, those 10% of offenders do not need to be out there doing good works on the street; they need to be behind bars so that they cannot reoffend.

The concluding part of my remarks is that although I recognise the good intentions of the Ministry of Justice in trying to reduce reoffending—I do not doubt the Ministry’s efforts in that regard—the obvious thing to do to reduce prison numbers is sort out the 11,500 foreign national prisoners in our jails. The number of such prisoners doubled under the previous Government.

I have raised this issue time and time again on the Floor of the House and frankly we are not getting very far. One of the countries that has a high number of its nationals as prisoners in our country is Nigeria. When I last looked at the figures, I saw that there were something like 752 Nigerian nationals in prison in our country. Effectively, we are paying £30 million a year for incarcerating those individuals. The Nigerian National Assembly has been looking at this issue since 2007. Why are we not hauling in the Nigerian ambassador or speaking to the Nigerian President to get this arrangement sorted out, because sending 752 Nigerians back to Nigeria would go a long way to freeing up the 3,000 prison places that my hon. Friend the Minister wants to find?

[Rehman Chishti]

I fully endorse what my hon. Friend has said with regard to foreign nationals. Linked to that point, what must change is the procedure that is applied to removal orders and the time that it takes for somebody to be removed from this country. At the moment, there is a disjointed approach and that must change, so that once someone has been through the courts, their removal must be swift.

[Mr Hollobone]

As usual, my hon. Friend is quite right. However, now we have the Prime Minister launching a campaign on the front page of the Daily Mail to say that repatriating foreign national prisoners is one of his top priorities. Please can we have a joined-up approach across this Government—across the Ministry of Justice, the Foreign Office and the Home Office—to ensure that we actually get these people back to their own countries? Then we will create the space in prison that we need to rehabilitate people properly, reduce the overall prison population if need be and stop people reoffending.

--- Later in debate ---

[Rehman Chishti]

Does the Minister agree that it is completely and utterly wrong that in the past 13 years we should have had more legislation than in the past 100 years? Does he also agree that we should make legislation only when it is necessary, rather than for the sake of it?

[Mr Djanogly]

I do. The figure of more than 3,000 new offences comes to mind. We had the situation in which a new offence was being created before the previous one had commenced.

We want to simplify the sentencing framework and make it more comprehensible for the public. We also want to enhance judicial discretion, to allow the judges and magistrates who hear the cases to make the most appropriate decisions on sentencing within the legal framework set by Parliament.

I accept that some people, not least my hon. Friend the Member for Kettering, want to see longer sentences, but we need to be proportionate. We could not accommodate the much longer sentences that he suggests without raising taxes to build more prisons.

Sentences have, however, got longer and longer over the past couple of decades, and for many years offenders have not spent their sentence in custody. We do not propose to make fundamental changes to determinate sentences. At present, offenders serving a determinate sentence spend half of their sentence in custody and half on licence in the community. If an offender breaches the condition of their licence, they may be returned to prison. We recognise—