Employment of People with Criminal Convictions

Debate between Baroness Burt of Solihull and Lord Bellamy

Monday 26th February 2024 Lords Chamber

[Baroness Burt of Solihull]

To ask His Majesty’s Government what steps they are taking to encourage businesses to employ people with criminal convictions.

[The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Bellamy) (Con)]

My Lords, I am pleased to say that the rate of prison leavers in employment six months after release almost doubled in the two years to March 2023, from 14% to over 30%. New Futures Network, the Prison Service’s specialist employment team, runs quarterly recruitment drives. These national campaigns have seen more than 200 employers and partners working with HMPPS to deliver more than 230 events in prison. Several other measures support the Government’s drive to get former prisoners into work.

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[Baroness Burt of Solihull (LD)]

My Lords, I know—because I told him about it this morning—that the Minister is aware of the ban the box campaign to do away with the criminal convictions tick box on job application forms so that applicants can be assessed on their skills before their past mistakes. We know that work after prison dramatically reduces reoffending rates and helps to create a safer society. It helps companies to access a rich talent pool, yet three-quarters of them discriminate against applicants with convictions, excluding millions of jobseekers from the market. I thank the Minister for agreeing to look into this campaign, led by the charity Business in the Community, to see how the Government might support it.

[Lord Bellamy (Con)]

My Lords, as your Lordships know, under the Police, Crime, Sentencing and Courts Act 2022 the Government have been progressively reducing the need to disclose previous convictions, particularly in relation to community sentences and sentences of under four years, and now even some non-violent sentences of over four years can be regarded as spent. As the noble Baroness has said, the ban the box campaign run by Business in the Community, which comprises more than 150 employers covering over 1 million roles, asks employers to delay the point at which applicants are asked to tick a box on and give details about any criminal convictions so that they can expose their skills at interview before any disclosure of convictions is made, if such disclosure is still required.

The Government are very pleased to commend the work of Business in the Community, which has now led the ban the box campaign for several years. In 2021 it passed the milestone of covering more than 1 million roles, and as long ago as 2016 the Government signed up to it for the Civil Service. The noble Baroness rightly identifies that this is a very important initiative. Increasing rates of employment on release from prison is very important, and the Government will continue to support the initiative.

Prison Capacity

Debate between Baroness Burt of Solihull and Lord Bellamy

Tuesday 17th October 2023 Lords Chamber

[Lord Bellamy (Con)]

My Lords, I am sure that a comparative study of the kind my noble friend mentions would certainly be a valuable exercise. I remember some years ago the former Lord Chief Justice, the noble and learned Lord, Lord Phillips of Worth Matravers, went on a community service course. He pretended he was a convicted solicitor and turned up on a Saturday morning with other people. I think he came away somewhat perplexed by the complexity of organising community service. You need quite a lot of intensive resources, and, as the noble Baroness pointed out a moment ago, it is quite expensive and difficult to do. Everybody thinks it is a good thing, but how we deliver it is for further discussion.

[Baroness Burt of Solihull (LD)]

My Lords, in the spirit of helpfulness, I wonder if I can help the Minister with his overcrowding problem. As the Statement said, there remain about 3,000 prisoners who have been sentenced to indeterminate sentences—a sentence that was abolished over 10 years ago. The Minister’s announcement in the Statement that there will be a cutting of the licence period for IPPs—a recommendation of the Justice Committee—is very welcome. Could the Minister cut the numbers on the prison estate much further if he implemented the main recommendation of the Justice Committee report to resentence those 3,000 people who are suffering the daily torture of uncertainty, not knowing when their prison sentence will end? Could the Minister look at that during the Victims and Prisoners Bill?

[Lord Bellamy (Con)]

My Lords, it is the Government’s position, as I have set out, that the resentencing exercise is not the answer. All the prisoners of which we speak are there because the Parole Board deems them unsafe for release. The Lord Chancellor’s Statement mentions the possibility of some fairly drastic reforms to the licence period. I am sure we will return to that, and to the point of the noble Baroness, in more detail when the Victims and Prisoners Bill reaches this House.

Miscarriages of Justice

Debate between Baroness Burt of Solihull and Lord Bellamy

Wednesday 14th June 2023 Lords Chamber

[Lord Bellamy (Con)]

My Lords, the functioning of the Criminal Cases Review Commission—its resources, its governance and the test it applies—will be considered in the context of the Law Commission’s current review. The Government would like to thank the Westminster Commission in particular, in which my noble and learned friend Lord Garnier and the noble Baroness, Lady Stern, participated, for its work on that. It is of interest, and the Government look forward to hearing the Law Commission’s response to these difficult matters.

[Baroness Burt of Solihull (LD)]

My Lords, a grave injustice, which should have been rectified years ago but continues to this day, is the failure to end imprisonment of the nearly 3,000 IPP prisoners. Following on from the point made by the noble Lord, Lord Woodley, the number of such prisoners being recalled has now overtaken those being released. The Justice Secretary himself recently described imprisonment for public protection as

“a stain on our justice system”.

The Conservative chair of the Justice Committee recommends resentencing as the only way to end this. Will the Minister look favourably at amendments to this effect when they are considered during the passage of the Victims and Prisoners Bill?

[Lord Bellamy (Con)]

My Lords, on IPP prisoners, the Government have responded to the Select Committee report by promulgating a very detailed action plan alongside a review by the Chief Inspector of Probation of the criteria and operation of the processes of recall. The Government will further consider the matter during the passage of the Victims and Prisoners Bill. This is very difficult because, unlike cases of people who are unfairly convicted, these persons have been fairly convicted; the only reason they are in prison is that the Parole Board does not consider them safe to release.

Parole Board Recommendations: Open Conditions

Debate between Baroness Burt of Solihull and Lord Bellamy

Thursday 25th May 2023 Lords Chamber

[Baroness Burt of Solihull]

To ask His Majesty’s Government what proportion of Parole Board recommendations for prisoners to be transferred to open conditions were accepted by the Secretary of State for Justice from January to March; and on what grounds such recommendations can be rejected.

[The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Bellamy) (Con)]

My Lords, the Question refers to the transfer of a life or other indeterminate sentence prisoner to an open prison. That is an operational decision for the Secretary of State. He is not obliged to follow the Parole Board’s advice but will take it into account. From January to March 2023, the Secretary of State considered 90 recommendations by the Parole Board for a prisoner to be moved to open prison. The Secretary of State accepted 14 recommendations and rejected 76.

[Baroness Burt of Solihull (LD)]

My Lords, it is an old saying in Parliament, “Never ask a question of a Minister unless you know the answer already”, and I read with interest the Minister’s response to the noble Lord, Lord Blunkett, on 27 April. The figure that the noble and learned Lord has quoted is less than one in six referrals from the Parole Board, and I cannot get my head around how small it is. The Minister outlines the criteria to be taken into consideration, but the Parole Board making the recommendation will surely know what criteria the Government are going on. What is the point in it keeping on making referrals if the Secretary of State is not going to listen?

[Lord Bellamy (Con)]

My Lords, I think I should clarify that this particular advisory function of the Parole Board has no statutory basis. It dates historically to the time when the Parole Board was part of the Home Office. The Parole Board has no operational responsibility for the safety and security of the open estate, nor for the rehabilitation of prisoners, nor for the categorisation of which prisoners are suitable for which prisons. In June 2022, the Secretary of State adopted new criteria for the transfer of prisoners to open prisons and unfortunately, in the Secretary of State’s view, those criteria have not been fully followed by the Parole Board’s advice. Those decisions by the Secretary of State can of course be challenged in the courts.

Prisons: Education

Debate between Baroness Burt of Solihull and Lord Bellamy

Thursday 23rd March 2023 Lords Chamber

[Lord Bellamy (Con)]

My Lords, the Government are committed to improving the statistics in this area, and I will investigate whether we can publish that further information.

[Baroness Burt of Solihull (LD)]

My Lords, the best education in the world, public or private, is useless if there are not the staff there to enable prisoners to get out of their cells to receive it. But if they could, the education service has been carved up by just four main providers, and governors have little or no say in who delivers education in their prisons. The House of Commons Education Committee report has already been mentioned. What are the Government going to do about this issue?

[Lord Bellamy (Con)]

Staffing levels are a continuing problem, but full-time equivalent prison officers have increased by 3,677 between 2016 and December 2022; it now stands at 21,632. In the Government’s view, there is no problem with the quality of our existing providers. The challenges of prison education are evident to all, and the Government are doing their best to tackle them.

Prisons: Chaplaincy Service

Debate between Baroness Burt of Solihull and Lord Bellamy

Tuesday 10th January 2023 Lords Chamber

[Baroness Burt of Solihull (LD)]

My Lords—

[Lord Bellamy (Con)]

I can give the noble Lord the assurance that he seeks.

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[Lord Bellamy (Con)]

My Lords, the Government can point with some pride to a fall in reoffending rates in recent years and an extensive programme of recruitment for not only prison staff but the probation service. In terms of the discussion today, which is about chaplaincy, we look forward to greater involvement of chaplains in sentencing planning, resettlement planning and the steps taken when prisoners are released to ensure that their release is successful and that they do not reoffend.

[Baroness Burt of Solihull (LD)]

My Lords, I apologise for my earlier overenthusiasm. Prison chaplaincy provides a very valuable pastoral and counselling service for all prisoners and staff in the Prison Service. Chaplains are forbidden from proselytising and have a general responsibility to help all who seek help and advice. However, given that according to the 2021 census 37% of the population have no faith at all, has the time not now come for non-religious pastoral carers to be included in the new chaplaincy, faith and belief forum?

[Lord Bellamy (Con)]

My Lords, it is the Government’s intention to see that that happens.

Rape: Prosecutions and Support

Debate between Baroness Burt of Solihull and Lord Bellamy

Tuesday 29th November 2022 Lords Chamber

[Lord Bellamy (Con)]

I will certainly do my best to accommodate the noble and learned Lord.

[Baroness Burt of Solihull (LD)]

My Lords, many victims of rape are reluctant to follow through on prosecutions because they need medical and other care, and they want to be believed. A report from over 20 years ago by a policeman whom we may know, one Brian Paddick, and the academic Betsy Stanko, led to the establishment of sexual assault referral centres across England. But this year, an NHS survey found that 72% of victims are unaware that this support is available. If more victims knew about and used these centres, would more successful prosecutions not follow?

[Lord Bellamy (Con)]

My Lords, the Government are making every effort to increase support for victims of rape and sexual assault. We now have a 24/7 helpline, as I said, have increased recruitment of ISVAs—independent sexual violence advisers—and the rape support fund is £21 million this year. So I hope we will be able to address the point the noble Baroness raised, of which I take good note.

Humanist Marriages

Debate between Baroness Burt of Solihull and Lord Bellamy

Tuesday 29th November 2022 Lords Chamber

[Lord Bellamy (Con)]

My Lords, as far as I know, this problem is not a matter for the Church of England. The Government’s view is that as a country we should proceed across the board to solve and update our law of marriage all at the same time.

[Baroness Burt of Solihull (LD)]

My Lords, in Scotland, where humanist marriage is legal, as has been mentioned, there are more humanist marriages than Christian ones and marriage is more popular than ever. David Cameron supported gay marriage because he believed that marriage is a good thing and that everyone should be able to marry. Do this Government believe that marriage is a good thing? If so, why will they not allow humanists to legally marry?

[Lord Bellamy (Con)]

This Government strongly support the institution of marriage. I am probably boring your Lordships by repeating myself: the Government think the whole problem should be solved across the board at the same time, not just with one group—the humanists.

Prisoners: Indeterminate Sentences for Public Protection

Debate between Baroness Burt of Solihull and Lord Bellamy

Thursday 27th October 2022 Lords Chamber

[Lord Bellamy (Con)]

My Lords, as I just said, the Government will consider all the recommendations in the report. I should like to make clear that recall does not necessarily happen for trivial reasons. There are quite severe tests to be met for a recall. As far as the resentencing exercise and the panel itself are concerned, the Government will consider all the suggestions in the report, including those suggestions, and report back to the Justice Select Committee by the end of November.

[Baroness Burt of Solihull (LD)]

My Lords, MPs and noble Lords from all parts of both Houses have welcomed the excellent Neill report, and we are looking forward to the government response on 28 November with bated breath. I appreciate that the Minister might be unwilling to be drawn on the contents of the Government’s response today, but will he at least agree with me that it is high time that this terrible wrong done to these indeterminate sentence prisoners is righted?

[Lord Bellamy (Con)]

As I said, the Government’s view is that, despite the intractability of the problem, public protection must come first. That is the position we have taken over the years. Without at all prejudging the Government’s position, I shall say a word about the suggested resentencing exercise. The only reason these offenders are detained is the Parole Board’s decision that they are unsafe to be released. That is the situation with which we are faced. If we talk about resentencing in that context, many of the prisoners have already exceeded their original tariff. I simply ask your Lordships to reflect that to resentence for the actual offence may not be a particularly fruitful exercise, because the tariff has already expired. Is it that what we are really considering is a reassessment of the risk to public safety? That is an assessment that the Parole Board is already carrying out. So where does all that take one? I simply leave that question rhetorically for your Lordships.