Royal Commission on the Criminal Justice System

Lord German Excerpts

Tuesday 6th July 2021 Lords Chamber

[Lord Wolfson of Tredegar (Con)]

The noble and learned Lord is right that we have to make sure that people have their cases heard within an appropriate time. We have opened 60 Nightingale courts, and we now actually have more rooms available for jury trials than we had before the pandemic. The important point is to make sure that we are running the criminal justice system as hot as we possibly can, and that is exactly what we plan to do over the coming year. There is no limit on the number of sitting days in the criminal courts this year.

[Lord German (LD)]

My Lords, the Minister may be disappointed but I am dissatisfied in the extreme with the fact that the noble Lord, Lord Ramsbotham, was told in November last year that staff had been appointed to this royal commission. If staff have been appointed, have they now been laid off and are doing other jobs? Why have they not yet prepared the terms of reference and the terms by which the commissioners might be appointed? Surely the royal commission is not a programme which is just paused; it is far more significant. I think the Government need to recognise that, because we are being let down badly.

[Lord Wolfson of Tredegar (Con)]

I agree, with respect, with the noble Lord that the royal commission is extremely important. That is why we want to make sure that we have proper and focused terms of reference and that the work to set up the royal commission is done at a time when we can do it properly. There is a huge amount of work being done at the moment throughout the criminal justice system to respond to an unprecedented pandemic. I suggest that it is right in those circumstances to pause the work on the royal commission; we will come back to it after we have dealt with the pandemic.

Prisons (Substance Testing) Bill

Lord German Excerpts

2nd reading
Friday 16th April 2021 Lords Chamber

[Lord German (LD)]

My Lords, I, too, start with a short tribute to the late Dame Cheryl Gillan, in whose name this Bill was taken through the House of Commons. Cheryl and I were both brought up in Cardiff and, although her politics are not mine, we shared a deep love of music. We have been deeply involved in the work of the choir of this Parliament—she as a founder member and former treasurer and I as the present chair. In a book soon to be published charting the 20-year history of this great parliamentary institution, Cheryl wrote that the Parliament choir shows a gentler side of our democratic institution, which has proved itself to be capable of producing great beauty and harmony. Her work in bringing our Parliament and the German Bundestag closer together is a tribute to her. I am sure that we all appreciate this as part of her legacy to this institution.

In the sense of the great harmony of which Dame Cheryl wrote, I welcome the intention of this Bill, narrow in scope as it is. Managing drug abuse is a complex matter. The Prison Drugs Strategy splits its first of three aims, “Restricting Supply”, into 18 action areas, one of which is drug testing. If it is one of 18 actions in meeting the first of the three aims of that drug strategy, it demonstrates the complexity of this issue. The Bill seeks, first, to future-proof the myriad drug variations that continually appear and, secondly, to properly assess the prevalence of drug use on the prison estate. These are narrow but important ambitions.

I will raise three consequences of the Bill. First, in getting a true picture of drug misuse on the prison estate, what do the Government do with this information? Is it to broaden understanding, to test assumptions, to influence policy change or all three of these? If so, then it is legitimate to know how Parliament will be informed of these outcomes and in what timescale. So, in replying, can the Minister tell the House how the Government propose to publish these outcomes in a form that Parliament can analyse and discuss?

Secondly, testing will undoubtedly demonstrate more drug use than at present. The consequence of this increase in the number of prisoners misusing drugs is that there will also be an increase in demand for drug treatments. The Government’s Explanatory Notes state that the Bill will have few direct financial consequences, but they only refer to the increased costs of testing. This misses the importance of the growth in demand for adequate drug therapeutic support for substance misuse treatment. So will the Minister explain how increased demand for drug-misuse treatment will work without additional funding? From the Explanatory Notes, it would appear that these services will be spread more thinly across a wider cohort of prisoners.

Finally, the new knowledge gleaned from the prevalence of drug testing will require research and analysis—so, in replying, can the Minister tell the House what provision has been made for research and analysis and who will carry this out? With these three questions, I welcome the Bill, and I hope that it has a speedy passage.

Covid-19: Impact on the Prison System

Lord German Excerpts

Monday 22nd March 2021 Lords Chamber

[Lord Wolfson of Tredegar (Con)]

My Lords, I do not want to repeat what has been said, but on vaccinations we are following the approach of the Joint Committee on Vaccination and Immunisation, which we consider appropriate. The action we have taken in prisons has meant that the number of deaths seen in them is significantly lower than the approximately 2,700 deaths modelled by Public Health England last spring. There is rigorous testing in all our prisons and we do everything to make sure that there is no transmission of the virus into or out of them.

[Lord German (LD) [V]]

If we are to end the miserable sight of the Friday queue of released prisoners with plastic bags standing at the bus stop with nowhere to stay and no work or training, rehabilitation work must be started and continued before and after the prison gate. Meaningful training has all but halted in our prisons, so can the Minister reassure us that everything that can be done will be done—within the next weeks, not months—to enable the programme of rehabilitation training in prisons to be recommenced? If it cannot, will the Government reduce the prison population?

[Lord Wolfson of Tredegar (Con)]

My Lords, I assure the House that everything that can be done within the appropriate prison regimes, given the prevalence of the pandemic, will be done. Releases are a different situation; we monitor them against the prevailing pandemic issues.

Prisons: Self-harm Among Women Prisoners

Lord German Excerpts

Monday 15th March 2021 Lords Chamber

[Lord Wolfson of Tredegar (Con)]

My Lords, the short answer to my noble friend’s first question is yes. The reason is that women generally commit less serious offences than men; therefore they get shorter custodial sentences. Short custodial sentences are a problem because they can have significant negative impacts, in terms of family, losing accommodation and losing employment, while not really giving prison governors and the authorities an opportunity to do anything meaningful with regard to rehabilitation. So far as the first residential women’s centres are concerned, we announced that our first one will be in Wales. I am particularly pleased—if I may say so—that a suitable site in south Wales is now being looked at for the second site. That will provide a robust community alternative for women who would otherwise receive a very short custodial sentence.

[Lord German (LD) [V]]

Women prisoners engage in self-harm as a method of coping with being in prison and separation from their children, of whom they are probably the main carer. At the moment, without visits, and with increasing numbers held on remand and in solitary confinement, why have the Government not made use of their own early release scheme, which ground to a halt last year? Can the Minister tell the House how many times in the last year the 42-day maximum solitary confinement rule has been breached for women prisoners—or does 23 hours locked alone in a cell not count as solitary confinement?

[Lord Wolfson of Tredegar (Con)]

My Lords, we should not proceed on the basis that self-harm is something which starts in prison. On the contrary, a number of women—perhaps many women—have been using self-harm to cope for many years. That is exacerbated, no doubt, in the prison environment. We have to remember when we talk about the incidence of self-harm in prison that this is characterised by a small number of women who self-harm multiple times. That does not mean that it is not a problem; it means that we need to focus our resources on that relatively small number of women who self-harm repeatedly. The noble Lord asked for particular statistics; I will have to write to him on that matter.

Learning Disabilities: Child Trust Funds

Lord German Excerpts

Thursday 11th February 2021 Lords Chamber

[Lord Wolfson of Tredegar (Con)]

My Lords, I do not want anybody to give up accessing money which is rightfully theirs. There are a number of provisions in place for fees but, to sum this up, the Government’s intention is that no one who needs to apply to the Court of Protection solely to access a child trust fund will pay fees.

[Lord German (LD)]

Further to his answer to the noble Lord, Lord Touhig, will the Minister tell the House why it is that the scheme which the investment and savings body has put in place while waiting for a permanent solution, and has been operating—moving the system from cumbersome to semi-cumbersome, not a full solution—is not getting the blessing of the Ministry of Justice in order that it can make at least some progress in this matter?

[Lord Wolfson of Tredegar (Con)]

My Lords, the reason is that it is not for the Ministry of Justice to give its blessing to private sector schemes and to say whether they do or do not comply with the relevant legislation. That legislation is important: it is there to protect people. If the private sector wants to put in a scheme, that is a matter for the private sector. So far as my department is concerned, we need to make sure, so far as we can, that the court rules and procedures are appropriate, proportionate and accessible.

Mesothelioma

Lord German Excerpts

Tuesday 9th December 2014 Lords Chamber

[Lord Faulks]

As the noble Lord will know, the Government responded to the amendment which he tabled during passage of the Act by saying that they were committed as a priority to helping to encourage research by the National Institute for Health Research. We set up a partnership of patients and carers to identify a top 10 list of questions for researchers to answer. The results were published yesterday, as he may know. We now feel that we have identified the questions and funding will be available if there are appropriate applicants. The problem with research is no longer—indeed, it never was—funding, but finding really conceivably successful applications.

[Lord German (LD)]

My Lords, both the House of Commons Justice Committee and the judgment of the High Court concerning the issue of legal fees in mesothelioma cases are critical of the way that the government review was carried out. It was found to be premature and did not follow the rules of the LASPO Act. We know that the incidence of this disease will peak and then fall away over the years, as the 30 year-old Acts concerning asbestos are put into place and have an effect. Given that there will be a withering on the vine of the numbers suffering this fatal disease, is it not now the time for this legal fees issue to be left alone and kept as it is, rather than coming back to it again and putting people through increased risk and increased delay?

[Lord Faulks]

My noble friend is right. We expect the peak to start declining and perhaps come more or less to an end in 2024. There is to be a review. There is no immediate timing for it but my noble friend is right in that the status quo is acceptable to the claimants. They are to receive damages. Research will continue, as I indicated, and the pre-LASPO regime for legal support will continue. This will ensure that lawyers are paid adequately, and we are told that they will not take cases unless they are paid adequately. The review will go on.

Criminal Justice System

Lord German Excerpts

Thursday 15th July 2010 Lords Chamber

[Lord German]

My Lords, you took a very brave step in allowing a German to be introduced into your Lordships’ House just a few days after England’s defeat in the World Cup. The extremely generous-hearted way in which I have been received has, however, received a few knocks in my first week or so. Just last Friday, my noble friend Lord Lester, in his Defamation Bill, talked of the German ad hoc balancing law. I know the Liberal Democrats favour fair representation, but it made me wonder who I was to be balanced with. Then this week, in questions about your Lordships’ murals, there was a request for the German specialist to be brought in.

I realise that I am to be very careful indeed to observe the frequent exhortations coming my way, but I can tell noble Lords that this German is not German, and neither is he English. The name derives from a 5th century bishop called Germanus, who came from Auxerre; he was dispatched by the Pope to the western parts of this country to return the people to the authentic Christian fold and his followers took on his name. Spelling was not a strong feature of 5th century Britain, so many derivations of the name survive today. There is a street in London named after one of them—Jermyn —and there are Jermin, Germaine and the like. It is reported that the bishop Germanus won the people over to the Augustinian teachings of divine grace by using his superior rhetoric, so no pressure there.

I am privileged to join the growing number of Members of your Lordships’ House who have been Members of the devolved Assemblies and Parliaments. I am the first Member of the National Assembly for Wales not to have been to the other place, and I look forward to using that experience to help the Assembly to develop and to questioning my noble and learned friend Lord Wallace of Tankerness on his new responsibilities for my country.

I wish to say something about my experience of prisoner education and the problems with it. There are two prisons close to my home. They are in the area that I represented until just a few weeks ago. One, at Usk, is a secure Victorian building that was built on the monastic level, which the right reverend Prelate the Bishop of Liverpool talked about earlier. It houses many medium and long-term sentence offenders. The other, in nearby countryside, is an open prison. Both have the same management team, and both represent different ends of the spectrum of prisons in our country.

A few years ago I received a request from the head of training and skills at these prisons to assist them with the qualification structure of the training programmes that they could offer offenders, and to see whether they could be made more appropriate to the world of work. This was my first introduction to the link between reoffending and reintegration, and the importance of skills to that link. It soon became clear to me that much needed to be done to improve both reoffending rates and the level of ex-offender reintegration into the community.

For those who seek level 2 vocational qualifications and beyond, it is nigh on impossible to achieve them while in prison. The NVQ requires an element of work-based on-the-job experience that cannot be provided in a closed prison environment. These NVQs are needed to provide a ticket to a place of work. City and Guilds-type qualifications are used as a route to the NVQ, but no matter how well a prison can simulate the workplace, this will be insufficient to provide the necessary qualification.

On a visit to a very large prison in Doncaster, I saw a two-storey house that had been completely built from scratch by offenders inside a former aircraft hangar. It had fully functioning plumbing and central heating and a fully fitted kitchen, and it was tastefully decorated. After it had been built, it was completely demolished. Even the construction of the finished object was insufficient to gain an NVQ in any of the craft skills needed such as plumbing, plastering, carpentry, construction, electricals and so on. The examining bodies will not accept a fully constructed building in an aircraft hangar as appropriate on-the-job training.

The only solution to gaining these types of qualification is to get an appropriate work placement following release, and these are not easy to come by. As a report last year from the Prisoners’ Education Trust revealed, 87 per cent of offenders surveyed believed that few employers recruit ex-offenders, although there are notable examples of good practice such as National Grid Transco, which employs ex-offenders and takes them on on training programmes. The evidence from employers is clear; core skills are a very much needed element in the mix of skills to be learnt on the job, even though a start can be made in simulated surroundings. Punctuality, working with others, literacy and numeracy are key to success in holding down a job.

There is much research now on the nature of the support that is needed on release to lead to possible successful reintegration into society. In essence, it can be summed up in four words: family, roof, job, and cash—reintegration into some form of family life, a secure home, a job or work placement, and help to manage on a limited income. A Select Committee in the other place recommended:

“If the purpose of providing education and training in prisons is to reduce reoffending by enabling prisoners to gain secure employment, then the continuation of support and programmes on release is essential. The Government needs to: produce an overarching resettlement strategy for prisoners; commit to the continuity of provision of education and training on release”.

My experience was that much more needs to be done if we are to succeed in resettling ex-offenders effectively. For some, perhaps many, prison is not the right solution for reintegration. We are told that reoffending costs the taxpayer £10 billion a year, that there are no robust statistics on those who are successfully reintegrated into society, and that an overarching resettlement strategy will be expensive. This leads me to conclude that we must punish the wrongdoers, but we must also ensure that we help them to get on to the straight and narrow. Not doing so will contribute further to the fracturing of the social fabric of our country.

Finally, I thank all the officials, colleagues and Members of this House for the great kindness that I have been shown in the past few weeks. There is so much to learn, and everyone has gone out of their way to introduce me to the work and operation of this very kind and friendly place.