Asked by Baroness Burt of Solihull To ask His Majesty's Government
what steps they will take to address challenges around prison
capacities, and to ensure the safety and wellbeing needs of
vulnerable prisoners. Baroness Burt of Solihull (LD) My Lords, I am
so glad that so many noble Lords have expressed their wish to speak
in this debate, and I am sorry that each noble Lord will have only
a short speaking time. I will try to be succinct. Please do not
waste time...Request free trial
Asked by
To ask His Majesty's Government what steps they will take to
address challenges around prison capacities, and to ensure the
safety and wellbeing needs of vulnerable prisoners.
(LD)
My Lords, I am so glad that so many noble Lords have expressed
their wish to speak in this debate, and I am sorry that each
noble Lord will have only a short speaking time. I will try to be
succinct. Please do not waste time congratulating me on securing
the debate.
I thank all the agencies that have sent information, which I have
heavily leaned on, including the Howard League for Penal Reform,
and of course our excellent Library.
We are in a sorry mess with our Prison Service today. The number
of prisoners is double what it was just over 20 years ago, and
the average length of sentences has doubled. One does not have to
be a statistical genius to work out that there is some kind of
causal connection.
The Minister himself has described this increase as a societal
addiction to punishment, leading to sentences that are much too
long. I was delighted to read that the Government have indicated
that they will review sentencing—a move that is very welcome
indeed. I wonder if I can tempt the Minister to say a little more
about this review, such as how soon it might take place, what
sentences it would cover, and whether alternatives to prison will
be used more frequently.
On the subject of sentence reviews, will the Government consider
implementing the recommendations of the Justice Select Committee
to the previous Government on imprisonment for public protection,
including a resentencing exercise for that unfortunate rump of
individuals still serving sentences that are today obsolete?
Today, no one receives this cruel sentence, and no one has since
2012. The British Psychological Society describes such a sentence
as leading to a sense of anxiety, helplessness and depression,
with self-harm and suicidal behaviour. I strongly commend the
work of the previous Government, in particular that of the former
Secretary of State , on diminishing the time on
licence and delivering more improvements for IPP prisoners. But
the point remains: all this falls short of the one thing that
would make the difference—having the certainty of a release
date.
IPPs are just one problem confronting the prison system, and
those people are not the only vulnerable group suffering in our
prisons today. Women prisoners are another; their travails
warrant a separate debate in their own right. While they
themselves are low risk, they typically suffer from trauma,
domestic abuse, mental ill-health and substance misuse. Their
rates of self-harm are eight times that in the male estate. And
all that is before we take into account the separation effects on
families and children.
Mental health problems are also huge. The British Psychological
Society says that nine out of every 10 prisoners enter prison
with at least one mental health or substance abuse problem. There
is a complex cocktail of health and social problems. In the last
year alone there has been a 24% increase in self-harm and a rise
of 27% in the number of assaults in the men's estate. Too many
prisoners mean that there is not enough space, and not enough
resources, to make a prisoner's experience rehabilitative, or
even safe.
Recently, the BBC's Sima Kotecha wrote a piece about Pentonville
prison, describing the dire conditions, in which most prisoners
were being held in their cells for up to 22 hours a day. I think
if those prisoners were animals, the RSPCA would be called.
Overcrowding makes everything so much worse. Prison officers have
to deal with a highly inflammatory situation. Trying to keep
prisoners and themselves safe preoccupies most of their time, and
rehabilitation sometimes goes out of the window—no wonder
recidivism gets worse.
I hope the Minister will outline a more effective plan to control
the eternally rising prisoner numbers—a plan that does not
necessarily use prison. He himself has said that society has an
addiction to punishment that leads to sentences that are much too
long, and we know that long sentences have an inverse effect on
rehabilitation.
We also know that we cannot build our way out of an overcrowding
problem. The Ministry of Justice's forecasts say that the prison
population will grow to between 94,000 and more than 114,000 in
the four next years alone. It is time to stop the rot, because
other services are not equipped to deal with this situation. The
Probation Service is on its knees, with chronic staff shortages,
excessive workloads and poor morale. Many of us will have had a
briefing from the probation officers' union Napo, which is
dismayed at the mass release of 1,700 prisoners this week; it
fears that they will not cope, so there will be more risk to the
public and to themselves, and more mistakes will be
inevitable.
Turning people out of jail earlier, without proper preparation
before and after release, is a recipe for disaster. People will
not get the help they need. They will reoffend, and the whole
merry-go-round will go faster and faster until the parts fly
off.
My final question for the Minister is this. How does he plan to
address the needs of prisoners? If he does not, our Prison
Service will continue on its inexorable spiral of decline until
it breaks. Wrongdoing must be punished, but there are other
methods of punishment as well as prison.
3.41pm
(Lab)
My Lords, I shall make two quick points—or perhaps two and a
half, if I am quick.
My first point is to ask the Minister why, with the prisoners
released this week, the local authority where I live was given no
notice of which prisoners would be released from the local prison
or who had a previous address in the local area? That has been
the case with other prison releases over the past decade, but why
is it that somebody does not inform local authorities and did not
do so this week? Is that going to happen again?
The Government have made a big announcement, and rightly so,
about planning infrastructure and bureaucracy, and there has been
a lot of talk of a 10-year plan. That gives me the opportunity to
raise something that I raised in the House of Commons many times,
without any success. We have old prisons, such as Armley, in
Leeds, that clearly want knocking down and the land used for
expensive capital development, such as housing or whatever else,
but they will need replacing with new prisons. Near where I live,
and once represented, is Ranby prison. It is a more modern prison
and does not need knocking down, and has vast amounts of land. I
have regularly proposed to Ministers in many Governments that it
would be a suitable place. There is a suitable workforce, with
plenty of people who would love to work there in that industry,
as plenty have done and do. Why not get on and build a brand-new
prison there, with one governor and one set of management
managing the two prisons as a combined prison? On long-term
planning, I do not understand why that has not happened.
3.43pm
(Con)
My Lords, successful rehabilitation reduces pressure on prison
places. My two reviews for the Ministry of Justice, which it
continues to implement with dedication and enthusiasm, emphasise
that healthy relationships greatly reduce reoffending, as those
who receive family visits are 39% less likely to reoffend than
those who do not have them. HMPPS is very mindful of closeness to
family when selecting which prisoners to send abroad. Some 28% of
foreign national prisoners are Romanian, Polish or Albanian, and
would be closer to home in Estonia than in British jails, which
would give us some more space.
Many prisoners without family on the outside or friends to help
them go straight benefit from well-supervised peer support in
prison, and those relationships protect against repeat offending.
Trained prisoners mentoring others derive much purpose from this.
They take a huge load off officers and recipients more readily
take their advice about going straight.
I recommended that prisons be extrovert and draw in local
charities and other organisations to expose men to opportunities
on the outside. Community days in prisons ensure that those who
never see the visits hall can learn there about work and
volunteering, including from former prisoners. One revolving-door
prisoner attending his first community day was very doubtful but
said, “For the first time I found myself thinking about what
comes next. Now I never want to come back in again”. Does the
Minister plan to roll out peer support and community days across
the estate?
Finally, the Question refers to vulnerable prisoners. Much is
said about diverting women who have experienced trauma and abuse
away from custody. Male offenders with similar histories are
treated far more harshly. Surely we should be moving towards
equality of approach in this area.
3.45pm
(CB)
Many years ago, when I was a Member of another place, I was one
of many who were horrified that the prison population had reached
45,000. We do not see a more law-abiding country today, with
double that number in prison. I will offer a short urgent
shopping list.
First, we must deal with sentence inflation. Then we must give
young offenders the opportunity to graduate out of their juvenile
criminal records, which can cause them trouble with employment.
We need a vast improvement in prison education facilities. We
need to provide release accommodation for those who are released
and have nowhere else to go. We need to provide opportunities for
prisoners to leave prison for the day to be able to work their
way into the normal economy. We need to enable much earlier
release, maybe 25% of the sentence where it is justified; for
example, by a prisoner having been to work or undergone education
courses which will lead them to a better life outside. As already
has been said, we must reduce the number of women in prison. It
is far too high and much too damaging. Finally on my list, which
I could increase, mental health provision has to be much better
in person, including a greater possibility of transferring
prisoners from prison mental health supervision to supervision in
hospitals or in the community.
I welcome the appointment of the Minister. He comes here with
very great and relevant experience and a background as a prison
and punishment reformer. I hope that the promise of his
appointment will reap a reward with results.
3.47pm
The Lord
My Lords, I am grateful to the noble Baroness, Lady Burt, for
enabling this debate and for the opportunity to speak in it. My
right reverend friend the , lead Bishop for
prisons, is unable to be here today. I know she wishes that she
had been able to contribute. I share her interest in the welfare
of prisoners and of those called to work in prisons, not least in
the four prisons in my diocese in and around Doncaster.
Ministers have made plain their deep concern at the capacity
problem in our prisons and have set out their plans to address it
in both the short and longer term. I urge the Government to think
deeply about the factors that have led us to this crisis and to
respond creatively and boldly when considering the purpose of
prison and the alternatives to custody. At their best, prisons
are places of transformation. Every person supported to turn away
from offending makes our country safer for everyone. But truly
effective rehabilitation almost always takes place in a context
of care and trust. It surely goes without saying that
overcrowding in prisons is not conducive to a transformative
culture.
On these Benches we celebrate the important role that prison
chaplains play in helping to create the sort of culture of
respect and trust which maximises the chances of rehabilitation.
Those working in prisons rightly expect to be protected from harm
and to carry out their duties with dignity. Current overcrowding
has made a difficult role immensely challenging. Hidden from
public view, prison staff work in conditions in their place of
employment that few of us can appreciate or would tolerate.
Prisons must be safe for staff if a culture of respect and trust
is to be built there, yet training and support for prison staff
in this regard are limited and staff retention is a concern. What
assessment are the Government making of the training and support
required for prison staff when working under these pressures?
3.49pm
(CB)
I will focus on one of the most vulnerable groups in our prisons,
elderly prisoners, who all too often can be forgotten amid all
the other problems in our prisons. The Prison Reform Trust, of
which I am a trustee, reported last week that the number of
prisoners aged over 50 in England and Wales has nearly tripled in
20 years, from 5,000 in 2003 to a projected 14,800 by next
July—that is one in six prisoners.
The ever-rising length of prison sentences is obviously a
contributory factor. It is hard enough coping with age-related
infirmities outside prison. Dealing with illness, disability,
dementia and other health problems in prison means coping with
the significant challenge of accessing adequate healthcare. Diet,
restricted physical space and sedentary lifestyles accelerate the
onset of frailty and worsening health conditions. Some prisoners
face the lonely prospect of dying in prison.
In 2020 the Ministry of Justice promised a national strategy for
the care and management of older prisoners. I would be most
grateful if the Minister could indicate when that will emerge.
Such a strategy should ensure that older prisoners are placed in
the prison estate so as to maximise accessible and personalised
health provision. More resource needs to be committed to training
our hugely dedicated prison staff in recognising and responding
to the needs of older prisoners, including the necessity of
restraints for prisoners who are frail and present less risk, as
well as dealing with dementia and pain relief. As ever, it comes
back to the invaluable front-line prison staff on whom the entire
prisons edifice daily depends.
3.51pm
(LD)
My Lords, I shall highlight the vital work being done by
Barnardo's. I declare an interest as its vice-president.
We are seeking to address the factors that lead to young people
entering the prison system, with a focus on how to address the
overrepresentation in prison of care-experienced young people,
especially black boys. We need to identify the young people most
at risk of being drawn into crime and build a package of support
that responds to the challenges they are facing, addressing
issues before they escalate.
The Government's proposed young futures hubs will play a vital
role in preventing young people becoming involved in crime in the
first place, but it is also important that when young people
encounter the police they are treated fairly, with a focus on
ensuring their safety, not illegally strip-searching them.
Research shows that one in 10 black children in care has received
a custodial sentence by the time they are 18. That simply cannot
be right. This is why I have been working closely with Barnardo's
and the Ministry of Justice over the past year to look at this
issue and what needs to be done to tackle it. Barnardo's Double
Discrimination report reveals that many black children face
racism from the very systems that are supposed to be supporting
them, leaving them feeling isolated, marginalised and vulnerable.
As one black care-experienced young person said, when someone
treats you like a problem you become one.
We must stop the conveyor belt of vulnerable young people getting
involved in crime. We need to focus on the treatment of
care-experienced young people by the justice system and the
police if the Government's aim is to prevent and reduce young
people's involvement in crime.
Will the Minister meet me and Barnardo's to discuss our vision of
how to keep vulnerable children and young people out of prison?
Every child deserves to have the opportunity to be safe, happy,
healthy and loved, because childhood lasts a lifetime. I look
forward to the Minister's response.
3.53pm
(CB)
My Lords, amid the serious general concern about the state of our
prisons, which we all share, I want to focus particularly on the
risk of prisoners committing suicide. The death of anyone by
suicide is a great sadness but there is a particular forlornness,
a sense of failure and defeat, when someone kills themselves in
prison.
The number of self-inflicted deaths in prisons last year went
down slightly, from 92 to 85, and the number of deaths—1 per
1,000 prisoners—has remained roughly the same since 2018.
However, as we know, the rate of suicide in prison is much higher
than it is in the population as a whole and 54% of deaths that
occur in prison are self-inflicted. For a range of reasons, those
in prison are particularly at risk of taking their own lives.
Stresses that contribute to those deaths include mental health
struggles, deaths of loved ones, planned transfers to different
institutions, the prospect of deportation, lack of family support
and sex offender status. It is easy to see how those factors,
often in combination with one another, can push people to the
brink of despair.
A breakdown of the kind of person likely to kill themselves and
the time they are at most risk is revealing. I do not have the
most up-to-date figures, but those from previous years reveal
that those most at risk are predominantly male, nearly all white
and in the age groups 21 to 24 and 30 to 39. Moreover, a high
percentage of suicides took place in the first 30 days in prison,
even the first week, the rate being particularly high among those
on remand, mostly by hanging. Arrival in prison is a particularly
high time of risk. One-fifth of prisoners who take their own
lives in prison do so within seven days of reception, and 39% of
them die within a month of arrival. All this indicates a group of
people who are particularly at risk.
What steps are taken in the early stages of remand in prison to
try to identify those most at risk? Is the Minister really
satisfied that those who are mentally unstable are given the
opportunity to see a medical specialist?
3.56pm
Baroness of Buckley (Non-Afl)
My Lords, in two minutes I will speak about two films.
I recently saw the film “Sing Sing”, based on the wonderful
Rehabilitation through the Arts programme at Sing Sing maximum
security prison in New York. One key figure, Divine G, a former
prisoner who plays his younger self in the film, is an inspiring
reminder that, yes, prison is there to punish and prisoners need
to acknowledge they have been anti-social and were a threat to
their fellow citizens, but that prison can find ways to help
prisoners to become the best version of themselves.
However, we also know that prisons can be unsafe hell-holes that
breed criminality, cynicism, addiction and despair. This sadly
brings me to the second film. I was proud to speak at the
premiere of “Britain's Forgotten Prisoners” at the Sheffield
documentary festival in the summer. The director, Martin Read,
does an excellent job of following the stories of individuals on
IPP sentences, trapped in
“a Kafka-esque world of labyrinthine bureaucracy that has seen
them swallowed up by a system”.
I cried at both films, one at the humane hope of rehabilitation
and one at the frustration and cruelty of inhumane and unjust
prison policy.
For prisoners to stand a chance of rehabilitation, they need to
believe that, however firm the system is, it is at least
relatively fair. Recent events suggest there is no fairness for
IPP prisoners. Never mind two-tier policing; we have a two-tier
prison policy. Imagine you have done the crime, you have done
your time—years earlier, in fact—yet now, way beyond your release
date, you are still locked up indefinitely. The excuse is that
IPP prisoners are too risky and could present a threat to public
safety, with no evidence ever given. Now fellow prisoners, who
have committed far worse crimes and have not done their time, are
being released early for pragmatic political reasons. Will the
Minister promise to at least look at releasing a batch of IPP
prisoners via the early release scheme as a gesture of good faith
that could restore much-needed hope to the IPP prison
community?
3.58pm
(CB)
My Lords, if we are to cut prison numbers we need to cut
reoffending. If we are to cut reoffending, prisoners need jobs,
housing and hope. If they are to get jobs, housing and hope, they
need to be seen in a different light.
I have visited 50 prisons in the last seven months, and 170
prisons in the last eight years. I have visited 12 different
types of prisons—category B and C—and have been surrounded by
hundreds of men. I have never once had an act of violence, threat
or intimidation shown to me, or even a hint of one.
That scandalously bad scaremongering BBC report last Monday,
which highlighted terrible travesties inside Pentonville, did not
reflect the visit to Pentonville that I had made just two weeks
earlier, when I was surrounded by multitudes of men of different
ages, all of whom were positively looking forward to the
graduations that they will receive on 23 September, when I will
graduate over 100 of them on the Time4Change programme. In other
words, we need to change our attitude to how we see prisoners: we
perceive them to be a perpetual risk. This week's headlines have
been nothing but appalling, scandalous and destructive; they do
not reflect the reality. I wonder whether the very good governor
at Pentonville, Simon Drysdale, was happy with that distorted
view of his prison, or whether the chaplain, Jonathan Aitken,
previously of another place, was happy with that distorted view
of the prison in which he serves so effectively.
I wonder whether we could take account of the fact that many
prisoners who have gone through reform and renewal are fantastic
role models for others who follow behind them. At the moment,
through the group that I lead, we have a man called Anton who
served a sentence in Swaleside and then in The Mount. With still
four years left to go before the end of his sentence, he moved to
HMP Isis to act as a father figure to the young men up to age
27—he is 40. He leads responsible training programmes inside the
prison to change mindsets. Another prisoner from Ranby prison
will move in three weeks' time. We need to change the perspective
on prisoners so that they can get jobs and housing.
4.01pm
(CB)
My Lords, the crisis in prison capacity results from the fact
that the prison population of England and Wales has more than
doubled over the last 30 years, and this trend is expected to
continue. Why? A large part of the answer is that the length of
prison sentences has been steadily growing over the same period.
Indeed, the sentences imposed today are about twice as long as
they were when I started out at the Bar; they are far longer than
those imposed in the rest of Europe and, indeed, in Northern
Ireland.
Sentencing laws have long provided that a prison sentence should
be for the shortest term commensurate with the seriousness of the
offence, but successive Governments have not been content to
leave it to the judges to apply this test. They have introduced
legislation requiring judges to impose higher sentences for
offences considered to be of particular concern to the public.
These have not been necessary for the purposes of deterrence,
rehabilitation or protection of the public. They have usually
been imposed to cater for a perceived public demand for greater
punishment, but this has come with a cost: over £50,000 a year
for each man in custody.
It makes no sense to spend such sums on increasing punishment
when they would be better spent on rehabilitation and other
measures to prevent reoffending. Doubling sentences has brought
no benefit to the criminal justice system; it has led to the
crisis that confronts the Prison Service today. Will the Minister
seek to persuade the Government to consider the merits of
reversing the trend rather than building more prisons?
4.03pm
of Maldon (CB)
My Lords, I add two points to those already made. First, there is
much talk of prison capacity, but it is important to appreciate
the difference between capacity in the sense of how many can be
crammed in and the real capacity of our prisons. The Ministry of
Justice has its own “baseline certified normal accommodation”,
designed to provide decent accommodation. At the end of August,
its figures suggested that it was about 8,500 over that
baseline—perhaps fewer today. The adverse consequences are well
understood. Its baseline, in its own words,
“represents the good, decent standard of accommodation”.
When does the ministry expect to achieve that level of decency
and return to its baseline?
Secondly, overcrowded prisons risk the courts seizing up. During
my final months in office as Lord Chief Justice, I received daily
prison figures, broken down region by region. There was a risk
that people being remanded into custody or sentenced would have
nowhere to go—and, if they cannot be taken away, the work of the
court is paralysed.
We have seen two interventions by the senior judiciary to delay
cases that were likely to result in custody to avoid that
eventuality. There are also prisoners being located far from
courts in which they are appearing, resulting in transportation
problems and delays in their hearings. I observed to colleagues
on more than one occasion that we were only one riot away from
meltdown—and so, alas, it has transpired.
Severe overcrowding in our prisons has a multiplicity of adverse
consequences beyond the most obvious. There is little realistic
prospect of substantially expanding prison capacity in the near
term. That is, in any event, the wrong solution. The record
number of those in custody must come down.
4.04pm
(LD)
My Lords, by this time, the Minister must be thinking that this
is going to be an easy job. I am afraid he has to learn, if he
has not learned already, that the House of Lords is not the best
place to assess either public opinion or opinion in the other
place about penal policy. Nevertheless, the contributions that he
has heard today should give him confidence that if, as most of us
are hoping, he will lead the charge in genuine prison reform, he
will not be without support.
Fourteen years ago I arrived at the Ministry of Justice with the
noble Lord, Lord Clarke of Nottingham, as Secretary of State. One
of the first things we did was to send a memorandum to No. 10
suggesting that we manage down the prison population to under
80,000 during the course of the Parliament. The message came back
from No. 10: “Not politically deliverable”. The truth is that
today it is not politically deliverable to continue longer
sentences, with more and more people in prison and a criminal
justice system at the point of collapse.
In some ways, the Minister has come to office at just the right
moment to press the arguments that he has heard from all parts of
the House: there is another way, a better way, a more civilised
way of treating offenders. That is not to move away from the need
for them to take responsibility for their crimes, but in many of
the suggestions that he has heard today there are real and
positive ways that we could cut prison numbers, make the public
safer and do a really good job in our criminal justice
system.
4.07pm
(LD)
My Lords, the one thing that we can take away from this timely
debate, which was well introduced by my noble friend Lady Burt,
is that it has demonstrated that the Minister has an inbox full
of difficult decisions. The current action to release prisoners
early cannot remove all the risks inherent in this exceptional
situation, but it does expose the problems, weaknesses and
failures of the current justice system. The immediate need to
free up prison spaces cannot be allowed to mask these failures. A
top-to-toe set of reforms is needed from pre-sentencing through
to licensing ending.
This debate has shown that the problems are extensive: there is a
lack of meaningful activity in prisons; sentence inflation;
vulnerability of prisoners to self-harm; drug abuse; poor morale
in the Prison and Probation Service workforce; shortage of staff
at all levels; and a lack of resource to effectively provide
essential housing, skills and healthcare when leaving prison. The
list goes on—in the course of this debate I have written down
another seven or eight that should appear on the Minister's
action list. I want to add another: the so-called dynamic pricing
of facilities offered to those seeking to train offenders within
prison, which is pricing NGOs offering training out of prisons,
such as Redemption Roasters at The Mount prison.
But there is great work going on, as we have heard. That needs
replication and augmentation. Will the Minister, with all his
experience at his elbow, agree that wholesale reform is needed,
and as swiftly as possible? When will he be able to set out the
actions that we need to take to resolve all these difficult
issues, and will he provide a wholesale reform?
This is a massive project, which needs fixing so that the
punishment needle can be moved back towards rehabilitation and
reducing offending. That will produce a much more productive
activity list for prisoners when they leave prison as well, but
it will also save huge costs to taxpayers and make an improvement
to society at large. I look forward to the Minister's reply.
4.09pm
The (Con)
My Lords, this will be quick. Four years from now, the prison
population will be around 106,000. The Institute for Government
has stated that, even with new prisons being built, there could
be a shortfall of 8,000 prison places by 2028. Under the previous
Government, we delivered the largest expansion to the prison
estate since the Victorian era. Please will the Minister let us
know exactly when and where the Government are going to build new
prisons to accommodate these additional offenders?
It has been reported that probation officers are aware of
criminals convicted of sexual and serious violent offences who
are eligible for the early release scheme because they are
serving consecutive sentences and Prison Service staff take into
account only the sentence for a less serious, non-sexual offence.
Please can the Minister reassure the House that this is not the
case and confirm that any offender serving such consecutive
sentences will not be eligible for early release?
The Domestic Abuse Commissioner for England and Wales has warned
that a third of the victims where perpetrators were due for
release on Tuesday were likely to be unaware of this. Many of
these victims are not eligible for victim notification schemes,
and those who are often fall off the Probation Service's lists.
Please can the Minister let us know how that can be allowed to
happen and the exact number of victims who have not been
informed?
A senior probation officer has also recounted that, by the time
the Prison Service had determined who was eligible, many
colleagues had been given only four weeks to prepare for
offenders confirmed for release. In one instance, a colleague had
been given just one week's notice. The Government said that at
least 1,000 new trainee probation officers would be recruited by
the end of March 2025. Please can the Minister explain why it
takes seven months to recruit trainees? That is surely too long.
Does he not agree that four months should be the target to
complete this?
Finally, for prisoner well-being, will the Minister commit to
building an extra exercise facility in each of the UK's 141
prisons to help the mental and physical rehabilitation and social
interaction of prisoners?
4.12pm
The Minister of State, Ministry of Justice () (Lab)
My Lords, I congratulate the noble Baroness, Lady Burt, on
securing a debate on prison capacity and the safety and
well-being of vulnerable prisoners. The women's estate, which she
mentioned, concerns me greatly. As she said, it is a complex
cocktail of social problems—I could not agree more. As well as
the focus that we need as a Government to rehabilitate prisoners
and help them lead normal lives, this has to be our focus.
I am grateful to all noble Lords for their thoughtful
contributions. It is clear that there is a real strength of
feeling about the state of our prisons, which I share. As your
Lordships are aware, when this Government came into office, men's
prisons were consistently operating at around 99% of their
capacity. In recent weeks we came closer to total collapse than
ever before. If that had happened, the consequences would have
been dire, with courts forced to grind to a halt and the police
unable to make arrests. The result: a total breakdown of law and
order. The impact is also felt in prisons. Overcrowded prisons
are dangerous places: tensions run high, and violence can erupt
without warning. That makes them dangerous for prisoners and
prison officers, with violence against staff rising rapidly.
Prisons should be safe places. They should be places that create
better citizens, not better criminals. When they are this full
for this long, all prison officers can do is attempt to control
the chaos. For the sake of public protection, as well as the
prisoners themselves, prisons should help offenders get back on
the straight and narrow. We know that is not happening as things
stand, because 80% of offending is reoffending.
On coming into government and facing the total collapse of our
prisons—going from running a retail business to running the
Prison Service, this was quite a shock—we were left with no
choice: this week, as noble Lords know well, the temporary change
to the automatic release point for some offenders serving
standard determinate sentences came into force. Let me be clear:
this was not something we wanted to do.
We announced this measure eight weeks ago, to give ourselves as
long as possible to put in place everything we could to protect
the public. We excluded a series of offences: sexual crimes, a
series of crimes associated with domestic abuse, terror offences,
and serious violence with a sentence over four years. We gave
probation time to prepare release plans for every offender. I
have visited the probation units at Cheshire East and Camden and
I know that staff are doing their very best in what are very
difficult circumstances. Offenders released are subject to
licence conditions, including tags, exclusion zones and curfews,
and can be returned to prison as soon as any condition is broken.
We have announced that 1,000 new probation officers will join by
March next year. We have by no means solved the many problems
that face the prison estate and the wider criminal justice
system, but we have made a critical first step.
I turn to the contributions of colleagues, which led us through
some of the challenges that this Government will address in the
months and years to come. The noble and right reverend Lord, Lord
Harries, focused on suicides. I should note that, in prisons as
full as ours have been, suicides at this level are, tragically,
all too common. I can tell noble Lords that I receive a daily
incident report and, in the first six months of the year, there
were 36 self-inflicted deaths. Every death is a tragedy. In terms
of prevention, new prisons have been largely fitted with
ligature-resistant cells. Our ambition is to make a small number
available at every prison for use by vulnerable prisoners.
To the right reverend Prelate the , I reiterate our
appreciation for the work the chaplaincy does. Having been around
prisons for 22 years, I always meet the chaplain whenever I can:
I think the relationships chaplains build with prisoners are
fascinating. As for prison officer training, which the noble
Earl, Lord Effingham, also mentioned, before I took this job on I
had just completed a review of prison officer training and I hope
that now I am in the seat on level nine of the MoJ, the prison
officer training review will come into action.
A number of noble Lords discussed IPP prisoners. The noble
Baronesses, Lady Burt and Lady Fox, both talked passionately
about imprisonment for public protection sentences. Those serving
IPP sentences face unique challenges and there are, sadly, too
many IPP deaths in custody. It is right that this sentence no
longer exists, but we must address a historic challenge of the
British state's own making, and I will return to this place in
the months to come with more detail on how we will do that.
For now, we are balancing two considerations. First, I know that
many noble Lords feel passionately, as I do, about IPPs, and with
30% of IPP prisoners not currently in the correct prison to
support them with their sentence plan, they continue to be failed
by the system. I am clear that this must be addressed as a matter
of urgency. We need to get it right, but IPP offenders need to
engage with their sentence plans too. I have seen some fantastic
work recently in HMP High Down, with its community living unit,
where IPPs are living and really engaging. In my previous job
running the Timpson business, I was proud to have 30 IPP
colleagues working alongside me.
Secondly, however, we must always balance this against the
importance of protecting the public, and any measures that are
taken must begin with this as our priority. The noble Lord, Lord
Hastings, must be commended on his incredible visit record. I
think he must have visited more prisons than any other Member of
these two Houses. It is good to hear of the graduations coming up
at HMP Pentonville: there is hope and there are great people,
such as Anton, who need to be given a second chance.
The noble and learned Lord, Lord Phillips, as well as the noble
Baroness, Lady Burt, and the noble Lords, , Lord Carlile and , all made important points
about sentences. The Government will be launching a review of
sentencing, with a focus on how it both protects the public and
reduces reoffending. I believe that we will soon be in a position
to share the terms of reference of that review and announce its
chair. I note noble Lords' interest in the review and look
forward to engaging with colleagues in due course. I am sure
there will be plenty of opportunity to debate sentencing.
The noble Lord, Lord Carlile, mentioned violence in prisons. In
overcrowded prisons, violence has soared. Now that we have begun
to address the capacity crisis in our prisons, we must tackle
violence too. Violence can be driven by the illicit economy. We
are working to restrict the supply of drugs, reduce demand
through rehabilitative services and support prisoners to build
recovery from substance misuse. We know that debt drives poor
safety and outcomes, and the drug trade really fuels it. We need
to make sure that our vulnerable prisoners are not extorted,
assaulted or forced to do things they do not want to do. There
have been many instances of prisoners inheriting the debt of a
former resident of a cell. Some prisoners arrive with no money,
so they borrow to get canteen items and have to repay “double
bubble”.
The noble Lords, Lord Carlile and , spoke about education and
purposeful activity, healthcare, and housing. As I have already
mentioned, capacity pressures make these more difficult than they
should be. However, we continue to build on good practice through
our employment advisory boards, and we work with education
experts, employers and the voluntary sector to improve the offer
across the prison estate so that offenders have the best chance
to get the input they need to turn their back on crime for
good.
With the capacity as it has been, it has been difficult for
prison staff to get people into classrooms and places where they
can find housing and employment. In my time going round prisons,
I have walked past too many classrooms where there are lots of
computers but no prisoners. That is something I want to sort out.
The noble Lord, , asked about the level of
reform I am hoping to do. I hope to be here for a long time—I
think it will take a long time.
The noble Earl, Lord Effingham, asked about prison building. It
is very much our plan to build the 20,000 prison places that we
need. We are committed to building more prisons and the rate of
prisoner growth means that we will have to.
I am very pleased that the noble Lord, Lord Carter, brought up
the subject of elderly prisoners and I was interested to read the
Prison Reform Trust's recent report on this. While the physical
prison estate can present challenges to older prisoners' safety,
the newer prisons we are building are accessible by design, with
cells adapted to the needs of those with mobility issues and
physical disabilities. I recently visited HMP Holme House, where
they are building a specialist wing for elderly prisoners which
is wheelchair-friendly. I remember going to HMP Stafford a few
years ago, where I met a prisoner who was in a wheelchair. On
talking to him, I found out he was 104 years old. We have a range
of work ongoing to improve provision for elderly prisoners,
focusing on health and care support, how we are using the estate
to best meet their needs and how to spread best practice on
purposeful regime activities. There is a lot more we need to
do.
The noble Lord, , asked about local authorities
and the recent releases of this week. All local authorities were
engaged with by probation teams and they have done their best in
very difficult circumstances. It is not perfect by any means—but
the prison system that we have inherited is far from perfect.
I thank the noble Lord, , for his continued and
considered commitment to supporting the important work on
strengthening offenders' positive ties with their friends, family
and peers, and for our recent meeting. Phone calls, visits and
temporary release from prison help prevent offenders returning to
crime when they leave prison, by providing the opportunity to
build these crucial ties. I want to be inspired by the best
practice demonstrated by the impressive visit centres that I have
seen, and the community days that I have been a part of are
inspirational. Holding establishments to account by means of the
family ties performance measure has led to a continued
improvement in this vital contribution to reducing
reoffending.
The plan to rent prison places in Estonia was explored by the
previous Government but is not something we intend to implement.
We value our strong relationship with Estonia, and I know we will
continue to co-operate and share learning on a range of justice
and security measures.
The noble Baroness, Lady Benjamin, raised a very good point about
young people coming into the prison system. I completely agree
that it cannot be right. I was brought up with foster children
and far too many of them ended up in prison. I will arrange for
colleagues at the Home Office and the Department for Education to
meet the noble Baroness and Barnardo's—only last week, I met
Martin Narey, who used to run the prison estate and then went on
to run Barnardo's.
I remember discussing the daily prison figures with the noble and
learned Lord, , when he was in his previous
role. The impact of prison capacity on the courts is significant.
Had we not acted, I think it would have been even worse, but we
cannot have prisons overflowing. The recent civil disorder has
highlighted how difficult this is. Further reform will be
necessary to ensure that we never get so close to the catastrophe
we have had in the past.
In closing, I once again thank the noble Baroness, Lady Burt, for
raising this hugely important issue for debate and noble Lords
for their contributions. If there is anything I have missed from
the debate, I will be happy to write to colleagues as soon as
possible.
I have been around prisons for longer than I care to admit, but
while I am new to this House, I already feel enriched by the
level of your Lordships' expertise and engagement. In all these
years, I have never known things as bad as they were when this
Government took office. We are acutely aware of the pressure this
has put on our prisons and probation services when they operate
so close to the limits of their capacity. Full prisons put prison
staff and prisoners at risk of harm from violence and disorder,
and they make it much harder for our dedicated staff to support
offenders properly. For a small but significant number of
vulnerable offenders, that can lead to tragic cases of self-harm
and suicide.
As Prisons, Probation and Reducing Reoffending Minister, I am
clear that any one tragedy in our prisons is one too many. I am
determined to work throughout the life of this Parliament to
support prisons to become safer places to work and live for
everybody inside them.
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