Police, Crime, Sentencing and Courts Bill

Baroness Hamwee Excerpts

Lords Hansard - Part 2 & Lords Hansard - part two & Report stage
Wednesday 15th December 2021 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I raised the issue of Friday releases at Second Reading and in Committee. I thank the noble Lord, Lord Hodgson of Astley Abbotts, for pursuing this issue now we are on Report. I agree wholeheartedly with his remarks. I was encouraged in Committee by the number of noble Lords who supported this amendment.

Some prisoners are lucky in that their families keep in touch with them while they serve their sentences. This means that on release they have somewhere to go. Others find that their friends and family no longer wish to be associated with them. It is not for me to comment on this aspect. It is those without support mechanisms on the outside that this amendment seeks to assist.

I will not repeat the remarks I made in Committee but just say that even the most well-organised and enthusiastic local authority housing department will have difficulty finding a suitable place if someone turns up at 3 pm on a Friday afternoon looking for accommodation. A roof over their head may be found but it may not be suitable due to previous difficulties such as drug and alcohol addiction. They may have been able to get themselves off their addiction during their time in prison but finding themselves in an overnight hostel on their release is not conducive to maintaining their willpower to remain clean and sober, or to their rehabilitation.

We are not suggesting that a definitive release date is suggested at the time of sentencing; that would be wholly inappropriate and unreasonable. But we are suggesting that prison governors should have discretion over the final days of the sentence so that the release date is not on a Friday, weekend or bank holiday for those without friends and family to support them, and that local authorities can be notified when someone is due to be released who may not have accommodation to go to. This seems to be a very reasonable way of ensuring that those released from prison have the best possible chance to keep their life on track and move forward positively. The prison strategy is welcome but waiting two years before tackling this issue of Friday, weekend or bank holiday releases is unacceptable.

[Baroness Hamwee (LD)]

My Lords, I do not disagree with a word of what has been said but regarding “What’s not to like?”, what I do not like is looking at the symptoms rather than the cause of this. I have understood over many years that the problem arises because there is no—I do not like the word—“upstream” work undertaken to support prisoners coming up for release. It needs a lot of preparation if the situation that my noble friend Lady Bakewell has just described is not to be encountered. Proper preparation for the release of prisoners is what requires attention. As I said, I do not disagree with a word of what has been said and I am happy to support the amendment, but I hope that what is proposed and what the Government are proposing will not be seen as a panacea because it is not; it is a much bigger problem than just Friday releases.

--- Later in debate ---

[Lord German (LD)]

My Lords, I too pay tribute to the right reverend Prelate for her dedicated work in this matter. We could see her laser-like approach to looking at each of the issues facing this group of people, which are clearly addressed in these amendments. These amendments cover a range of issues, but I would like to take up the points already made by the right reverend Prelate, the noble Lord, Lord Bradley, and the noble Baroness, Lady Bennett, about data.

It is interesting that on 6 December, the Minister, in replying to the right reverend Prelate the Bishop of Gloucester, said:

“We do not hold current figures on how many women in prison aged (1) 18 to 24 or (2) 25 years or older have dependent children.”


I appreciate that there is attention being given to this for the future, but I can only echo the words that, if you do not know, then you are going to be making policy in the dark, as the right reverend Prelate said right at the beginning.

However, figures have been produced by the Howard League. I think it gained these figures by doing an analysis of what it could glean from talking to prison governors and staff. We know that women make up 5% of the prison population but are more likely than male prisoners to be serving short sentences for non-violent offences. The majority of those women experienced childhood abuse, and many are victims of domestic abuse, so they are more likely than male prisoners to report poor mental health and problems with alcohol and drugs.

Here is the crucial figure: the Howard League says that two-thirds of female prisoners are mothers of dependent children, and that at least a third of these are single parents. That means around 17,000 children are separated from their mothers by imprisonment each year, and the vast majority of them are moved out of their homes as a result. I am sure that every noble Lord here can understand the strong detrimental effect that has on their development and well-being. The harsh impact on the welfare of their mothers goes far beyond the impact of the imprisonment itself.

There was a review of women in prison in 2006-07 by the noble Baroness, Lady Corston. One of the outcomes of that was women’s centres, which have so far proved very effective at keeping women out of prison. However, there are insufficient numbers of them, and they are insufficiently well resourced. We need to enlarge that figure considerably.

The important feature here is the future. We understand that the Government now intend to collect the right data, so that we can inform our policy-making. The issue of recall, which the noble Baroness, Lady Bennett, talked about just now, is a specific issue and one that has a double effect, of course, because sometimes the reason for being recalled is very slender. The children’s lives are then doubly affected.

Finally, I go back to the number of children. A substantial number of children in this country are moved out of their homes and lack the family basis on which they are being brought up. We must recognise that this specific factor—all the other factors range with it—affects the future of those children. If nothing else, this series of amendments must put right, full and square, that the welfare of the child is fundamental in everything we do. There is an awful lot that we need to do, and these amendments reflect that.

[Baroness Hamwee (LD)]

My Lords, one of the children to whom my noble friend refers gave evidence to the Joint Committee on Human Rights when I was a member and we were looking at the impacts on children of imprisonment of mothers in particular—and fathers too. That child had been 15, I think, and found herself going from literally dancing around the living room to music when her mother was in court to finding herself responsible, as she saw it, for herself and her younger brother. The impact is devastating. I do not want to spend any longer on this at this time of night, but I thank the people who give evidence to committees such as the JCHR and the all-party groups about this sort of situation. It is very vivid and helps us to understand better than we can from words on paper just how devastating this situation can be.