Prison Capacities

Lord Timpson Excerpts

Thursday 12th September 2024 Lords Chamber

[The Minister of State, Ministry of Justice (Lord Timpson) (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 Bishop of Sheffield, 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 McNally, Lord Carlile and Lord Moylan, 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 Lord German, 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, Lord German, 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, Lord Mann, 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, Lord Farmer, 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, Lord Burnett, 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.

Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024

Lord Timpson Excerpts

Monday 29th July 2024 Lords Chamber

Moved by

[Lord Timpson]

That the draft Order laid before the House on 17 July be approved.

[The Minister of State, Ministry of Justice (Lord Timpson) (Lab)]

My Lords, following the Oral Statement which I repeated in this House on Wednesday 24 July, your Lordships will know that our prisons are in crisis. The male prison estate has been running at around 99% capacity for 18 months, undermining safety for staff and offenders and making the justice system vulnerable to unforeseen events. If we do not act urgently, our prisons will reach full capacity, and the justice system may grind to a halt. The courts would have to stop holding trials, the police would be unable to make arrests, and criminals would be free to act without consequence. If we do not act now, this will become reality by September. Taking immediate action is the only way to protect the public from a breakdown in law and order.

I want to assure your Lordships that we have explored all options. In the little time we have, we cannot build more prisons nor add more prison blocks. While we are deporting foreign national offenders as fast as is legally possible, this will not save enough places to address this crisis. Much of the pressure comes from the straightforward growth in the remand population—those who are in prison awaiting trial. While we are committed to making progress on remand, it would take time that we do not have. This has left us with only one option.

Before I set out the details, let me say that I am grateful to your Lordships for agreeing to bring this SI forward before the Joint Committee on Statutory Instruments has been re-formed and therefore able to consider it. As I have already set out, this change may be implemented with urgency. It has therefore been necessary to ensure that we have a full debate on the substance of the issues as soon as possible. I look forward to reading the committee’s report and that of the Secondary Legislation Scrutiny Committee.

Returning to the SI that we are considering today, it will change the law so that prisoners serving eligible standard determinate sentences will have their automatic release point for those sentences adjusted to 40% rather than 50%. This will mean that around 5,500 offenders will be released in two tranches in September and October. They will leave prison early to serve the rest of their sentence under strict licence conditions in the community. Thereafter, all qualifying sentences will continue to be subject to the new 40% release point. This change applies to both male and female offenders. It also applies to some youth offences, specifically youth sentences under Section 250 of the Sentencing Act 2020, which are imposed on under-18s for more serious offences. They are included, because such offences are likely to end their term in the adult estate. However, as these sentences are for serious crimes, many are likely to be excluded from this measure, as I will go on to explain.

While this measure must address the crisis in our prisons, this must be balanced with public protection. Therefore, certain sentences will be excluded. The worst violent and sexual crimes, which are subject to a 67% release point, will not be eligible. Neither will serious violent offences subject to a sentence of four years or more under Part 1 of Schedule 15 to the Criminal Justice Act 2003. Sexual offences will be excluded, including offences related to child sexual abuse, and we will exclude a series of offences linked to domestic abuse, including stalking, controlling or coercive behaviour and non-fatal strangulation. National security and terrorism offences under the Official Secrets Act and the National Security Act 2023, and offences determined to have been carried out for a foreign power, will also be excluded, as will serious terrorism offences and terrorism-connected offences, which remain subject to a 67% release at the Parole Board’s discretion. No sentence subject to Parole Board release will be included. In each case, we have excluded specific offences rather than cohorts of offenders. That is a legal necessity. The power to make the SI applies to the release point of qualifying individual sentences, rather than to types of offender. In addition to these exclusions, there will be stringent protections in place around an early release.

This change to the law will not take effect until September. This has given our hard-working Prison and Probation Service a crucial eight-week implementation period to recalculate sentences and plan for the releases. Probation officers will have the time they need to assess the risk of each offender and prepare a plan to manage them safely in the community. Every offender released will be subject to the same stringent licence conditions they would have been if released at 50%. Where necessary, multi-agency public protection arrangements will be put in place to protect the public, as will multi-agency risk assessment conferences that consider how best to protect victims. Victims eligible for the victim contact scheme or the victim notification scheme will be notified about releases and developments in their cases, and, as now, they will be able to request licence conditions, such as non-contact requirements or exclusion zones to protect them from unwanted contact. Offenders will be ordered to wear electronic tags where required. Exclusion zones and curfews will be imposed where appropriate. If an offender breaks any of these conditions, they can be returned to prison.

The Government are clear that this change is not permanent. We will review it within 18 months of implementation, at the very latest in March 2026 when we believe that the situation in our prisons will have stabilised and we will be able to return the automatic point of release to 50% of a sentence.

I want to address directly the question of a sunset clause, which we have not included in this legislation, to end it automatically. We have pledged to be honest about the challenges in our prisons and the changes that we put in place to rise to them. Given the scale of the crisis, placing an artificial time limit on this measure would be irresponsible. We have taken the very deliberate decision not to reverse this measure until we are certain that prison capacity has stabilised.

We will introduce a new, higher standard of transparency. Every quarter we will publish data on the number of offenders released, and we will make it a statutory requirement for a prison capacity statement to be published annually, introducing this legislation as soon as parliamentary time allows. This is a departure from the approach of the previous Government, who introduced the end of custody supervised licence scheme, the ECSL scheme. They did not disclose the data, but now we know that more than 10,000 offenders have been released under ECSL.

When this new legislation takes effect we can end ECSL, which gave the Probation Service sometimes mere days to prepare for releases. That meant little time to assess the risk of offenders and plan how they would be managed safely in the community.

--- Later in debate ---

[Lord Timpson (Lab)]

My Lords, I thank all noble Lords for their valuable contributions to this important debate, and I look forward to answering as many questions as I can. I will of course go back and look at Hansard, and if there is anything I have not answered, I will endeavour to write. As noble Lords have already pointed out, I have had quite a busy few days and I am learning fast, so I ask your Lordships to please bear with me if I am not quite as smooth as other noble Lords have been today.

I will start with the noble Earl, Lord Attlee, on recall. Recall is used only when necessary to protect the public. I see no reason to believe that it is being used inappropriately. This week, I went to two prisons to meet the offender management units to see how they were getting on with the important work they are doing. While they were very busy, I got the distinct feeling that they were on top of things and very much prepared for the hard work.

The noble Lord, Lord Beith, mentioned remand. We are very aware that the remand population has seen significant growth, and it is a significant issue. It has grown from about 9,000 to 16,000 prisoners. However, making changes to the remand cohort in a way that respects the individual decision by the judiciary will take time to implement. Unfortunately, we do not have much time.

A number of noble Lords, including the noble Baroness, Lady Jones of Moulsecoomb, the noble Lords, Lord Deben, Lord Beith and Lord Brooke of Alverthorpe, and the noble and learned Lord, Lord Hope of Craighead, talked about who goes to prison. I thought I would mention the sentencing review that we are planning. That will take place as soon as possible. That will, I hope, be an opportunity for noble Lords to discuss and debate where we are going on sentencing.

One point raised by a number of noble Lords was around IPP prisoners. That is not something that is covered by this instrument. If it is satisfactory, I will write to the noble Lord, Lord Moylan, with the exact detail, because this is so new to me and I do not want to get anything wrong at this early stage of my career in this House. IPP prisoners is an area that troubles me deeply. I have been going to prisons for over 20 years, and every time I go into an establishment, I always try to sit in a cell and talk to a man or a woman who is an IPP prisoner. In fact, I sat next to an IPP prisoner on Thursday. They all have a different story. Most of them suffer from multiple challenges; most of them feel lost; many of them are institutionalised. We have a duty to help them live a law-abiding life outside, but it is challenging. We are making progress, and this is one of the areas I want to make further progress on quickly. I assure noble Lords that it is at the top of my in-tray every day.

On the subject of prison building, which the noble Lord, Lord Beith, talked about, it is important, and we are committed to building new modern and safe prisons. For me, one of the advantages of new prisons is that they have the facilities required to help people gain skills and education, so that when they are released they have the skills and confidence that make them more attractive to an employer.

The noble and learned Lord, Lord Hope of Craighead, asked what I meant by “stabilised”. Even though I have been going round prisons for many years, I have been trying to remember when I last felt that a prison was stable. It was probably the category D prisons, up until the last year, where they often had spare capacity and you felt that they were very much on the right side of panic. However, where a prison is 99% full, it is very difficult for the prison staff and probation staff to adequately educate and train, and to have time for those quiet conversations on the wings between prison officers and prisoners, which are sometimes very important turning points in someone’s life. I have worked alongside many colleagues who have left prison, and very often the story they tell me is that their lives were not turned around by family or friends but by a kind prison officer who gave them their time.

The noble Lord, Lord Brooke of Alverthorpe, spoke about mental health. We have a broad failure across many of our public services, including the health service. One of the things that is very important to me as I progress in this role is to support our health professionals to work with our offenders, inside and outside prison. These people have failed society but often society has failed them too, and they often need support to overcome their health problems, especially around addiction.

The noble Earl, Lord Courtown, talked about the impact on communities when people leave prison and how society will cope with that. We are recruiting 1,000 extra probation officers; although they will not be in place completely until March next year, it is an important step. What we want to achieve is a reduction in reoffending. To me, what is important from this job is to help people not to reoffend, because that reduces crime, we have fewer victims, it costs less money and it means fewer wasted lives. The plan at the moment is for the release point to go to 40%, and when we are satisfied that the capacity problem is resolved, it will go back to 50%, We will publish every quarter an update on how this scheme is running. Not all prisoners leaving prison will go on tag; it will depend on whether the professionals deem it to be appropriate. As I said on Wednesday, I will test one of the tags myself to see what it is like, and will report back to noble Lords.

[Earl Attlee (Con)]

My Lords, the Minister should make sure that it is not a sobriety tag.

--- Later in debate ---

[Lord Timpson (Lab)]

I assume that if it is, I will not be able to have a sherry trifle, which is one of my favourite desserts.

To conclude, this statutory instrument is vital for addressing the capacity crisis in our prisons. It will pull us back from the brink of a total collapse of law and order in our country, which would put the British people at risk—something we cannot countenance. We should, however, be under no illusion: the measure we have debated today is not a silver bullet for prison capacity. It will not end this crisis and it is not the solution for the longer term, but it is a measure that buys us the time needed to take further steps to address the pressures in our prisons and put the criminal justice system on a sustainable footing, in turn providing greater protection to victims and the public. It rightly brings to an end the short-term measures of the previous Government that operated without due transparency, proper scrutiny or the safeguards to protect the public that are the heart of this Government’s approach.

Before I close, I wish to extend some further thanks, building on the remarks I made in my maiden speech in this place. As I said then, those who work in our Prison and Probation Service work every day with some of the most complex people, inside one of the most complex systems. Managing a prison system at around 99% capacity for an extended time will have been an extraordinary challenge not just for those on the front line but for all the partners in our criminal justice system, including civil servants at the Ministry of Justice and those working in the third sector. I therefore thank my colleagues at the Ministry of Justice and His Majesty’s Prison and Probation Service not just for the way they have welcomed me into the department but for their committed and largely unsung service to guiding us through this current prison capacity challenge.

The last Government placed our criminal justice system and prisons in crisis, but the legacy of this Government will be different. It will see a prison system brought under control, a Probation Service that keeps the public safe and enough prison places to meet our needs—which will lead to having prisons we are proud of, but also prisons, probation and other services working together to break the cycle of the revolving door and reduce reoffending. Today’s measure is not the long-term solution—we are being transparent about this—but it is the necessary first step.

[Baroness Jones of Moulsecoomb (GP)]

Will the Minister respond, perhaps at a later date, to my questions about drugs policy and the fact that this Government did not release a report?

[Lord Timpson (Lab)]

I thank the noble Baroness. I will write to her, because I am not completely familiar with that and I would not like to get it wrong.

Motion agreed.

Community Sentences (Justice and Home Affairs Committee Report)

Lord Timpson Excerpts

Friday 26th July 2024 Lords Chamber

[The Minister of State, Ministry of Justice (Lord Timpson) (Lab)]

My Lords, it is a privilege to close this debate in my new role as Minister for Prisons, Parole and Probation, with responsibility for reducing reoffending. I thank the noble Baroness, Lady Hamwee, for her opening remarks and for securing this important debate following publication last year of the Justice and Home Affairs Committee’s report on community sentencing.

It was clear to me upon first entering your Lordships’ House that this is a human library of knowledge, experience and expertise. I assure noble Lords of the value I place on getting community sentences right, from the point of advice to court and throughout a sentence, so that they are effective in keeping the public safe and cutting reoffending.

This debate is an opportunity to start a conversation about this Government’s vision and priorities for the future of community sentencing. It also provides an avenue to recognise the work going on across the Probation Service and other public, charitable and private organisations to deliver better community sentences. On this subject, I acknowledge the fantastic work that probation staff, as well as those from other organisations, do on a daily basis, despite the pressures caused by the prison crisis that this Government have inherited. I will set this out first before turning to the additional points raised in the Justice and Home Affairs Committee report.

The Labour Party manifesto promised to take back our streets. That is why those who risk the public’s safety must be confronted by law and order. Central to this is our ambition for a criminal justice system that not only makes sure that justice is upheld by punishing offenders but provides genuine rehabilitation, leading people away from crime.

For many offenders, although not all, community orders are a more appropriate option than custody. For example, they are more appropriate for individuals struggling with a range of complex needs, such as substance misuse or mental health issues, which have led them into a cycle of offending, or for a young first-time offender who is likely to become a career criminal if their life is disrupted by a custodial sentence. If left untreated, the circumstances that led to a person’s initial offence will only push them towards a life of crime. As a result, too often we see needless preventable reoffending. Robust community sentences are an alternative option that protects the public, reduces reoffending, cuts crime and is rooted in evidence. These sentences offer a different narrative—one that emphasises rehabilitation and reparation, without sacrificing public safety. This is done through a combination of tailored monitoring and support that targets offenders’ often complex issues.

The Probation Service has a crucial and often overlooked role in delivering these sentences by protecting the public while supporting offenders to turn their lives around. A more joined-up approach to reducing reoffending is required if we are to maximise the potential of community supervision. We can see this in action in Greater Manchester, where probation is linked up with housing and health services to ensure that offenders leaving custody receive the support they need. That is why this Government will conduct a review of probation governance, following the evidence of what works to cut reoffending.

I would like to talk about some specific elements of community sentencing which I think hold real value and promise. It is vital that we make good use of technology where we can in the delivery of community sentences. Electronic monitoring is a useful tool that allows us to monitor compliance with behaviour and location requirements in the community. There are three types of electronic monitoring devices available: radio frequency devices for curfews; global positioning system—GPS—devices for curfews, exclusion zones, attendance at appointments and constant whereabouts monitoring; and alcohol monitoring devices, which can be used to monitor partial or total bans on alcohol consumption. Data from alcohol monitoring for community sentences shows that devices did not register a tamper or an alcohol alert for over 97% of the days worn. This provides offenders with a real chance to rewrite their behaviour and change the narrative of their life. I have volunteered to be fitted with an alcohol tag and look forward to gaining first-hand insight into the experience of those who are electronically monitored.

It is important that while on a community sentence offenders take responsibility for their actions and actively contribute to repairing the harm caused. Community payback, while punishing people, offers them a real opportunity to give back to their communities. It is vital that this work addresses local need and benefits communities so they can see the reparations being made. It can also support measures to reduce reoffending by providing opportunities to gain vocational or skills-based on-the-job training to assist offenders in finding employment.

I am interested in finding ways better to deliver community orders and address the drivers of offending behaviour. The intensive supervision courts pilot is testing an innovative approach to community sentence management. Pilots have been rolled out in four locations: in Liverpool, Teesside and Bristol in the Crown Court, and in Birmingham in the magistrates’ court. These orders are delivered jointly between probation and the courts to offer comprehensive and rehabilitative support to offenders as an alternative to short custodial sentences. Wraparound support can be hugely beneficial, particularly for vulnerable cohorts of offenders. I note the committee’s interest in these pilots and believe that much of their work aligns with the conclusions made in the report. We are conducting an evaluation of the effectiveness of the pilot to consider its role in the criminal justice system, and I look forward to visiting one of the sites, in Birmingham, in the coming weeks.

Although this report and debate are focused on community orders, I want also to touch on the subject of prison leavers, as it is one in which I have long been invested. Effective resettlement of those who leave prison is a core part of our efforts to reduce reoffending, as it aims to ensure that the elements which are proven to reduce reoffending are in place when an offender leaves prison. This includes making sure that someone has a home, family links where appropriate, access to healthcare, a job or further education and/or access to benefits.

As noble Lords will know, employment opportunities for offenders is a subject in which I have long taken a significant and active interest. As the noble Baroness, Lady Hamwee, said, and I very much agree with her, we know that finding employment in the year after release makes offenders less likely to reoffend by up to nine percentage points. The employment rate for prison leavers six months after release has more than doubled across the past three performance years from 14% in 2020-21 to 31% in 2023-24, with growing support from the business community. Yet there is more to do to ensure that this trend continues, especially with high vacancy rates in many sectors. I am particularly interested in how we can increase paid employment and training opportunities for those on community sentences as well as prison leavers.

I will now turn to some of the specifics of the committee’s report and respond to some questions raised in today’s debate. The committee has clearly set out the complexities of the system, but also the potential of those we are trying to help to turn their lives around. This report is well timed for me coming into this role and is much appreciated. This may sound unusual, but to me this is perfect bedtime reading.

Given that this is a new Government, I will not speak to the specifics of how the previous Government responded to the committee’s report. It is important that we take the time to get these decisions right, improve our criminal justice system and ensure that community sentences are robust in delivering their objectives. I instead want to use this opportunity to demonstrate this Government’s vision for community justice, and I will touch on a few areas the committee highlighted, which I think are fundamental in the successful delivery of community sentences.

Before continuing, I will take the time to thank front-line staff, who warrant immeasurable credit for their commitment and professionalism, without whom our vision for the system will not be realised. Our brilliant staff at the Probation Service, as the noble Lord Macdonald of River Glaven, mentioned, are committed to delivering the punishments set by the courts, keeping the public safe from harm, and giving offenders the chance to turn away from their lives of crime. They work every day with some of the most complex people in our country, inside one of its most complex systems.

This Government will strengthen probation by building a supported, skilled and resilient workforce that is able to deliver high-quality supervision that is focused on the areas of highest risk and delivered within manageable case loads. I have found over the years that building the most effective workforce and achieving an outcome to its fullest potential means ensuring that the people on the front line are happy, motivated and respected. In my role as Minister, I intend to embed this culture.

Probation practitioners, supervisors and managers keep the public safe. I am here to support those professionals in their endeavour to protect, rehabilitate and build trusting relationships with those they supervise. That is why I am determined to increase recruitment to mitigate case-load stress. We have committed to recruiting more than 1,000 trainee probation officers by March 2025. I can feed back to the noble Baroness, Lady Ludford, that my visit last week to meet front-line probation staff was absolutely inspiring, and although they are up against a huge amount of work with the current releases and those coming soon, they were determined to make this a success. I have every faith in their ability.

I agree with the noble Baronesses, Lady Prashar and Lady Meacher, on the importance of increased provision of treatment for addiction and mental health. It is vital that sentencers can appropriately tailor community sentences to address individuals’ needs, which may be driving their offending behaviour, as well as to protect the public. I agree with the emphasis the noble Baroness, Lady Meacher, placed on the provision and availability of community sentence treatment requirements for substance misuse and mental health needs. I am committed to working with health partners to maximise the availability and impact of this, although, as per the questions from noble Lord, Lord Sandhurst, and the noble Baroness, Lady Prashar, I am not able to commit to increasing funding at this time. Mutual aid groups such as Alcoholics Anonymous and Narcotics Anonymous also have an important role to play in supporting long-term recovery.

The committee helpfully highlighted the specific needs of women and the vital role that women’s community services play. Effective community-based sentencing can mean that women are less likely to lose accommodation and employment, enabling them to receive targeted support, reducing the likelihood of reoffending, and limiting disruption to their families and children. Going forward, we must be led by evidence and learn more about the potential for residential alternatives to custody, such as at Hope Street and Willowdene, where wraparound care and effective rehabilitation is provided for women with multiple complex needs.

A process evaluation interim report will be published later this year and a full process evaluation report will follow in summer 2025. As mentioned earlier, the intensive supervision courts are a promising pilot of how this wraparound support can help with certain cohorts of offenders. I was pleased to hear the question from the noble Lord, Lord Sandhurst, about provision for young adults in probation. The Transitions to Adulthood Hub in Newham, delivered in partnership with the Mayor’s Office for Policing and Crime, demonstrates the value that this type of approach can have for young adults. The evaluations being conducted for these approaches will help to evidence the effectiveness of wraparound support to address criminogenic need.

I note the remarks of the noble Lord, Lord Paddick, on restorative justice. This is something that is offered at the hub to encourage young adults to gain an insight into the consequences of their actions and the impact on victims. I will be considering its role in the future of the criminal justice system.

Of course, the most effective community sentences are those that are tailored to the individual. Sentences should address the underlying causes of offending, while ensuring that the individual is not set up to fail, with requirements they cannot realistically comply with. The work of probation in court is therefore crucial in properly assessing rehabilitative needs and risk, as well as providing an independent recommendation on appropriate sentencing options.

For a service under such significant pressure, there are no quick wins for improving delivery, as I am sure the committee is well aware. However, evidence shows that in cases where a pre-sentence report has been completed, offenders are more likely to successfully complete their sentence. I am supportive of the department’s efforts in increasing the volume and quality of PSRs. I hope that the noble Baroness, Lady Hamwee, approves of this and agrees that we need to encourage the building of relationships between probation officers and offenders, and between government and the third sector.

The noble Baronesses, Lady Prashar and Lady Ludford, emphasised that it is vital that the Probation Service commands the trust of victims, the public and sentencers. The word “trust” was used a lot today, and to me this is a very important trait we need to continue with. I am committed to restoring and maintaining the confidence of the judiciary in probation’s delivery of tailored community sentences. Through the judicial engagement charter, the department works closely with the judiciary to ensure that sentencers have up-to-date information on available interventions and evidence of effective practice.

The department also seeks to increase transparency by bringing together senior representatives from across the judiciary in quarterly meetings, chaired by the Chief Probation Officer, Kim Thornden-Edwards, to share information about new projects and get feedback on probation’s performance.

Regarding the question from the noble Lord, Lord Sandhurst, on sentencing and short custodial sentences, I can inform the committee that we will be launching a review of sentencing. While the terms of reference are not yet defined, this will look to ensure that the sentencing framework is consistent and clear to the public. More details of this review will be announced in due course.

I support the committee’s overall assessment that local and partnership working is important to delivering good community sentences. I thank the right reverend Prelate the Bishop of Newcastle for her comments on the importance of partnering with third sector and local organisations. It is vital that the Probation Service works as a team with partners across the criminal justice system and beyond who have the knowledge and specialist expertise to help turn people’s lives around. I want to thank the many partner organisations that work closely with probation, including police forces, local authorities, health providers, the third sector and others, which all play a key part in driving down offending and supporting offenders’ rehabilitation. We will ensure that this valuable engagement continues.

I am also grateful to the right reverend Prelate the Bishop of Newcastle for sharing her reflections on her experiences in New Zealand, and I note these with interest. A central feature of New Zealand’s approach is its focus on joined-up and partnership working, which we know helps to support meaningful change. International comparisons provide us with valuable insight, and I am keen that we consider this evidence and lessons learned from examples of good practice across prison and probation systems globally. I intend to visit international justice systems, but I will make sure that my tag has been removed before I get on the plane.

Like the committee, I believe in the value of technology in improving the public services we deliver. New and efficient software is integral to the task of increasing productivity. I am encouraged by the rollout of the new HMPPS assess risks and needs instrument—known as ARNS—a replacement for the core risk assessment tool used day in, day out by probation staff. The introduction of this technology will free up administrative time for sentence management to allow valuable face-to-face meetings with supervised individuals and improve our digital capability so that information on offenders’ risk will be better shared across prisons and probation.

I fully agree with the noble Baroness, Lady Prashar, on the importance of securing public confidence in community sentences. The Sentencing Council is independent of Parliament and the Government, but I note with interest the noble Baroness’s thoughts on its role in public perception.

This Government are committed to doing all we can to make non-custodial sentences fit for purpose. Our vision of successful community justice is to deliver suitable punishment, public protection and vital rehabilitation in order to reduce reoffending. To realise this, we will build a system based on a clear understanding of what the problems are and evidence of what works, to ensure that community sentences are delivered effectively.

Let me repeat my gratitude: for the opportunity to respond to this important debate; to the noble Baroness, Lady Hamwee, for securing it; and to all those who contributed. I thank again those noble Lords who are members of the Justice and Home Affairs Committee for the work that has gone into this report. I also thank the committee’s officials, who have, I know, worked collaboratively with the department throughout the duration of the review.

I close by emphasising my appreciation of and admiration for the committee. With a strong Probation Service, we can break the cycle of offending, make our streets safer and restore public confidence in community sentences. This is the right approach for our justice system. I look forward to the continued dialogue on this matter.

Prison Capacity

Lord Timpson Excerpts

Wednesday 24th July 2024 Lords Chamber

[The Minister of State, Ministry of Justice (Lord Timpson) (Lab)]

My Lords, with the leave of the House, I will repeat a Statement made in the House of Commons by the Lord Chancellor. Before I do so, I will say that I look forward to addressing the House more fully with my maiden speech during the debate on the King’s most gracious Speech. I understand that it is rare for a Minister in your Lordships’ House to take a Statement before giving their maiden speech. However, given the timely importance of the subject at hand today, we thought it helpful to take this Statement at the earliest opportunity.

I will now repeat the Statement:

“Mr Speaker, with permission, I will make a Statement about prison capacity in England and Wales. As you know, I wanted to make this announcement first in this House. However, given the scale of the emergency facing our prisons, I was forced to set out these measures before Parliament returned.

It has become clear, since this Government took office two weeks ago, that our prisons are in crisis and are at the point of collapse. The male prison estate has been running at over 99% capacity for the last 18 months. We now know that my predecessor warned No. 10 Downing Street but, rather than address this crisis, the former Prime Minister called an election, leaving a time bomb ticking away. If that bomb were to go off—if our prisons were to run out of space—the courts would grind to a halt, suspects could not be held in custody and police officers would be unable to make arrests, leaving criminals free to act without consequence. In short, if we fail to intervene now, we face the prospect of a total breakdown of law and order.

Rather than act, the last Prime Minister allowed us to edge ever closer to catastrophe. Last week, there were around 700 spaces remaining in the male prison estate. With 300 places left, we reach critical capacity. At that point, the smallest change could trigger the chain of events I just set out. With the prison population rising, it is now clear that by September this year our prisons will overflow. That means there is now only one way to avert disaster.

As the House knows, most of those serving standard determinate sentences leave prison at the halfway point, serving the rest of their sentence in the community. The Government now have no option but to introduce a temporary change in the law. Yesterday, we laid a statutory instrument in draft. Subject to the agreement of both Houses, those serving eligible standard determinate sentences will leave prison after serving 40%, rather than 50%, of their sentence. Our impact assessment estimates that around 5,500 offenders will be released in September and October. From that time until we are able to reverse this emergency measure, 40% will be the new point of automatic release for eligible standard determinate sentences.

The Government do not take this decision lightly, but to disguise reality and delay any further, as the last Government did, is unconscionable. We are clear that this is the safest way forward. In the words of the Metropolitan Police Commissioner, Sir Mark Rowley, these steps are ‘the least worst option’. He said that

‘the worst possible thing would be for the system to block’,

and that any alternative to these measures would be ‘dangerous for the public’.

I understand that some may feel worried by this decision, but I can assure the House that we are taking every precaution available to us. There will be important exclusions. Sentences for the most dangerous crimes—for sexual and serious violent offences—will not change. That will also be the case for a series of offences linked to domestic violence, including stalking, controlling or coercive behaviour and non-fatal strangulation, as well as those related to national security.

We will also implement stringent protections. First, this change will not take effect until early September, giving the Probation Service time to prepare. Secondly, all offenders released will be subject to strict licence conditions, to ensure they can be managed safely in the community. Thirdly, offenders can be ordered to wear electronic tags and curfews will be imposed where appropriate.

Let me be clear: this is an emergency measure, not a permanent change. This Government are clear that criminals must be punished. We do not intend to allow the 40% release point to stand in perpetuity. That is why I will review these measures again, in 18 months’ time, when the situation in our prisons will have stabilised. Throughout, this Government will be transparent. We will publish data on the number of offenders released quarterly and we will publish an annual prison capacity statement, legislating to make this a statutory requirement.

When we implement this change, we will stop the end of the custody supervised licence scheme introduced by the last Government. This scheme operated under a veil of secrecy. From the Benches opposite, I was forced to demand more information about who was being released and what crimes they had committed. This Government have now released the data showing that over 10,000 offenders were released early, often with very little warning to probation officers, placing them under enormous strain. This was only ever a short-term fix. It was one of a series of decisions this Government believe must be examined more fully, which is why we are announcing a review into how this capacity crisis was allowed to happen, looking at why the necessary decisions were not taken at critical moments.

The measures I have set out today are not a silver bullet. The capacity crisis will not disappear immediately, and these measures will take time to take effect. But when they do, they will give us the time to address the prisons crisis, not just today but for years to come. This includes accelerating the prison building programme to ensure we have the cells we need. Later this year, we will publish a 10-year capacity strategy. It will outline the steps that this Government will take to acquire land for new prison sites and will be supported by this Government’s new planning and infrastructure Bill, which will take control of the planning process. It will also classify prisons as being of national importance, placing decision-making in Ministers’ hands. This Government are also committed to longer-term reform and cutting reoffending.

Too often, our prisons create better criminals, not better citizens. Nearly 80% of offending is reoffending, at immense cost to communities and the taxpayer. As Lord Chancellor, my priority is to drive that number down. To do that, this Government will strengthen probation, starting with the recruitment of at least 1,000 new trainee probation officers by the end of March 2025. We will work with prisons to improve offenders’ access to learning and other training, as well as bringing together prison governors, local employers and the voluntary sector to get ex-offenders into work. If an offender has a job within a year of release, they are less likely to reoffend. It is only by driving down reoffending that we will find a sustainable solution to the prisons crisis.

In a speech last week, I called the last occupants of 10 Downing Street ‘the guilty men’. I did not use that analogy flippantly. I believe that they placed the country in grave danger. Their legacy is a prison system in crisis, moments from catastrophic disaster. It was only by pure luck, and the heroic efforts of prison and probation staff, that disaster did not strike while they were in office. The legacy of this Government will be different: a prison system brought under control; a Probation Service that keeps the public safe; enough prison places to meet our needs; and prisons, probation and other services working together to break the cycle of reoffending.

I never thought that I would have to announce the measures that I have set out today, but this Government have been forced by the scale of this emergency to act now rather than delaying any longer, because this Government will always put the country and its safety first. I commend this Statement to the House”.

--- Later in debate ---

[Lord Marks of Henley-on-Thames (LD)]

My Lords, we too welcome the Minister to his new role, and we look forward to his official maiden speech later today with enthusiasm, not least because we have for a number of years on these Benches cited his ground- breaking commitment in his business and more generally to the rehabilitation of prisoners through training and employment.

However, to say we welcome this Statement would be inaccurate, because it reflects a complete failure of our prison system, but we recognise the emergency and, with it, the need for the measures announced in the Statement. We also endorse the Statement’s serious criticisms of the last Government’s performance; they allowed, encouraged and created the present prison capacity crisis. I disagree with the noble and learned Lord, Lord Stewart of Dirleton, for whom I have the greatest respect, as to the foresight, commitment and care of the last Government on this issue, which was sadly lacking.

On these Benches, and on the Labour Benches, we warned of this crisis during the last Parliament over and over again, but the Government carried on in the same old way, filling our prisons to bursting and failing to address the disastrous conditions within them.

The Government’s stated aim is that the 40% early release point should not stand in perpetuity and is to be reviewed in 18 months’ time. We agree with that and that this process will be a slow one, but progress is thoroughly necessary. A wholesale programme of prison reform is needed. We imprison far too many people in this country for far too long. We have seen significant sentence inflation over recent years, and it is no good just blaming the judges for passing longer sentences; government legislation on sentencing and later release dates has significantly increased prisoner numbers. We need more use of community sentences and that means more probation officers—we welcome the commitment in the Statement to an urgent recruitment programme. However, to echo the question from the noble and learned Lord, Lord Stewart, does that include a commitment to fully funding an increased overall number of probation officers?

Our prisons are desperately overcrowded; cells are packed to well over capacity; temporary prefab cells are used; repairs and maintenance are cancelled. Cells that should not be in service are brought back into use. Prisoners are shuffled around the prison estate at the expense of continuity of training and supervision. Understaffing remains acute, with insufficient officers to manage our prisons, even to get prisoners to where they need to be for education and training courses when they are available. Twenty-two hours daily in overcrowded cells has become the new commonplace within our prison system, which has led to mental health issues, serious violence and massive drug abuse. When will we introduce mandatory drugs checks for everyone entering prisons, staff as well as visitors? There is ample evidence that too many drugs enter prisons in the hands of members of staff who give their colleagues a bad name and seriously damage morale.

The prison building programme set out to provide 20,000 new places under the last Government, but, of those, some 4,000 already counted as present capacity. Only Millsike in Yorkshire, with just 1,500 places, is approaching completion next year. Grendon in Buckinghamshire now at least has planning permission for another 1,500 places, but in the other sites not a brick has been laid. Two prisons at Gartree and Chorley are still in the planning process, and two near Braintree have not even been decided on yet. The whole promised programme of the last Government involved double counting and smoke and mirrors. The new Government’s programme is welcome, and so is the caution and moderation with which the Statement stressed it—but it is crucial.

On any view, the last Government’s building programme could not possibly keep up with the projected rise in prison numbers—17,000 more places needed in three years on present trends. The only answer is to reverse those trends; reduce reoffending, emphasise reform and rehabilitation as the function of prisons and do all we can to reduce prison numbers. Does the Minister agree?

[Lord Timpson (Lab)]

My Lords, I start by thanking the noble and learned Lord, Lord Stewart, and the noble Lord, Lord Marks of Henley-on-Thames, for their questions. This is my first time in this House answering questions, so I apologise in advance should I not respect any of the customs and courtesies of the House by mistake. Having not even done my maiden speech yet, this feels to me like having a first ski lesson on a black run. I thank noble Lords for their patience and will do my best to answer all their questions.

The noble and learned Lord, Lord Stewart, raised a point on the sentencing review that we are planning. The sentencing framework has been allowed to develop piecemeal, over time. As a result, there have been inconsistencies that do not make sense to victims or the wider public. We will be launching a review of sentencing. While the terms of reference are not yet defined, this will look to ensure that the sentencing framework is consistent and clear to the public. More details of this review will be announced in due course.

On HMP Dartmoor, one of the first roles that I have had since taking on this job is focusing on prison capacity. It was unfortunate that I had a note from my officials regarding the temporary closure of HMP Dartmoor at a time when we really need capacity. At Dartmoor, safety is our number one priority. After close monitoring of the situation, it has been decided that the prison will temporarily close. I will update the House as the situation develops.

This Government are committed to a 10-year capacity strategy, and we recognise that we need to make sure that this country has the prison places that it needs. We will deliver where the previous Government failed, and we will never allow the planning process to get in the way of having the prisons we need.

Talking about the prisons we need, we need to build more prisons, because we need to keep the public safe, but one of the themes also raised is around reducing reoffending. I have been working on this for the last 22 years, finding ways to recruit people from prison to help them get a job, live a normal life and not reoffend. This is not a quick fix—it takes time—but recruiting 1,000 probation officers is a good start. These will be in addition to the probation staff we have now.

Only late last week, I went to the Camden and Islington probation delivery unit and met the team there, which was preparing to deal with the offenders who were being released in September and October. I was delighted at the commitment, focus and professionalism of this team, and I am confident that they will do their best in very difficult circumstances.

On training, I do not know about probation officers but, just before I came into this role, I completed a review for the Government on prison officer training. It was clear to me where the gaps were, and I am looking forward to working with colleagues in the months ahead to see what can be learned not just for prison officers but for probation officers.

On safeguards put in place for early release, the scheme currently in place is a very rushed and disorganised way of releasing people from prison, which puts extra pressure on probation officers to do all the work they need to do to identify victims, to find places to live, and to connect the offenders up with mental health and drug workers. The eight weeks that they now have to prepare for the releases will make this easier, but it is far from perfect.

The 40% early release scheme will be reviewed and, in 18 months’ time, the plan is for it to go back to 50%, but the noble Lord is right when he says that we need a wholesale programme of prison reform. Community sentences are vital, but we need to resolve the capacity crisis we have now, because our probation officers are overworked. The recruiting of 1,000 extra probation officers will help, but they also need time for the system to settle down.

Finally, I will mention training and education. Prisons are not places where we want people just to be locked up. We want them to have opportunities to turn their lives around. A lot of that is around training and learning skills, so that when they are released they can have a job and not go back. Some 80% of people who offend are reoffenders. It is hard to do this well in the current crisis, but I emphasise that I look forward to working with the noble and learned Lord and the noble Lord and having countless important debates. I stress to all noble Lords that I will write a letter, which might be quite a long one, on all the points I did not answer today.

[Lord Blunkett (Lab)]

My Lords, I commend my noble friend on getting through his maiden Statement, and in particular for answering the questions so concisely and clearly. He of all people, as he has already referred to, is fully aware of the big challenges of rehabilitation and avoiding reoffending and, therefore, recall. Would he be prepared to talk to his right honourable friend the Secretary of State and, I hope, Ministers in the Department for Work and Pensions and the Ministry of Housing, Communities and Local Government about the very real challenge of additional large numbers being released into local communities in September and October, to avoid homelessness and to ensure that there is not a return to prison, which all of us fear?

[Lord Timpson (Lab)]

I thank my noble friend for the question. It is crucial that people leaving prison have somewhere to live. Having been in this space for a number of years, I have met too many people who have left prison—I have seen them outside the gate—and there is no one to meet them, they have nowhere to live and nowhere to stay that night. It is not surprising that the revolving door often means they come back in. I will take my noble friend’s questions away and get back to him. I know we are meeting very soon.

[Baroness Butler-Sloss (CB)]

I also welcome the noble Lord to his post. He said that the Probation Service is overworked, so what will the Government do to help it immediately to deal with the 40% situation coming in September?

[Lord Timpson (Lab)]

Recruiting 1,000 extra probation officers will take time. From conversations with the probation officers that I have recently met, I know that we are asking a lot of them, but they are confident that they can manage the influx of offenders in September and October safely. In the longer term, they need the extra colleagues and a system that is more stable.

[Lord Clarke of Nottingham (Con)]

My Lords, I welcome very warmly the noble Lord to his position, and congratulate him and his family company on the most remarkable work they have done for the past two decades in protecting the public by rehabilitating so many people who would otherwise have gone on to commit more crimes and settle down to a life of criminality. Other firms have done the same things, but Timpson, as I saw myself when I was Justice Secretary and before that when I was Home Secretary—I was responsible for prisons on both occasions—did quite remarkable work. We need more of that kind of opportunity for those who wish to be rehabilitated and to contribute in future.

Does the noble Lord agree that the level of sentencing and the rate of incarceration have steadily increased in this country at a quite extraordinary rate in the 30 years since I held those offices, and even more remarkably since the many years ago when I practised at the criminal Bar? Although it is right that the public are entitled to see just retribution and punishment for crime, does he agree that it is equally important that the criminal justice system tries to stop these men and women reoffending, and gives whatever support is available to those willing to be reformed to lead honest lives and therefore not create victims of future crime? That is just as important as the punishment.

I will not go on. I give the noble Lord cross-party support; I agree with every word that he and the Liberal Democrat spokesman have said so far. I hope that the new prisons that he has to build will be designed to provide space for rehabilitation, training and the civilised opportunities that I am sure he wishes to provide. I am sure he agrees that the long-term answer is not just to lock up more and more people and have massive building programmes going on and on, with ever more people turning to crime as soon as they are released.

[Lord Timpson (Lab)]

I thank the noble Lord; if he stays around long enough, he may find a mention of himself in my maiden speech—a positive one. So far as finding work, when I first started recruiting people from prison, I was the only one knocking on the gates of the prison. We now have a good problem: that so many companies have recognised that there are talented people who want to leave prison and get a job that it has become a very competitive process. That is a positive thing.

We will conduct a sentencing review; it needs to focus on cutting crime, and to be consistent and coherent. The noble Lord asked about the new design of prisons. Two weeks ago we went to Five Wells, a very new prison just outside Wellingborough. The facilities it has really help to reduce reoffending; it has fantastic workshops and educational facilities, and the maintenance bills are much lower. I look forward to having the conversations again that we had probably 15 years ago.

[The Lord Bishop of Gloucester]

My Lords, I too welcome the noble Lord, Lord Timpson—someone so brilliantly equipped for the task. I welcome this Statement and all the good sense contained in it as we lift this immediate crisis. I am all for new prison places, as long as they are not in addition to all the crumbling prison places. It was wonderful to hear him offer assurance that increased prison capacity will not become the main aim but rather, if I heard correctly, that we will have the courage to look at a whole-systems approach in a solution-focused way.

One of my concerns in all this is that unless we change the public perception and public narrative, we will not have support. Can the noble Lord say something about the thinking about how we change public education and perception, so that people understand what prison is for and not for, that two-thirds of people in prison are there for non-violent offences, and that we need to look upstream?

[Lord Timpson (Lab)]

I thank the right reverend Prelate. New prison places are important and we will build more prisons—prisons we are proud of. So far as the public narrative goes, I could not agree more, but I have confidence in the fact that 20 years ago, when I first started recruiting people from prison, no one thought it was a good idea. Now, every company I meet thinks it is a good idea. It proves that changing perception when it comes to offenders and prisons takes time. I hope to be in this role longer than many other people who have done my role, and to be able to get into the detail and try to get prisons we are proud of.

[Lord Browne of Ladyton (Lab)]

My Lords, I welcome the noble Lord, Lord Timpson, to the Dispatch Box as the Minister for Prisons, Parole and Probation. From the noise the House made earlier, I think I am not alone in thinking that he is probably the best man for the job. I suppose I should draw attention to my entry in the register of interests; I am a non-practising member of the Faculty of Advocates. In fact, I presently have another interest that I suppose is not yet registered, in that I have a pair of shoes in my local Timpson for repair.

Speaking to Channel 4 News earlier this year, my noble friend said that in his view only one-third of people in prison needed to be there. In order to emphasise that radically reducing the prison population is not impossible, he added that the Netherlands had halved its prison population while reducing crime. That contradicts what I think the noble and learned Lord, Lord Stewart of Dirleton, implied in what I can describe only as a plea in mitigation on behalf of the previous Government, which was that these two things were impossible. I know the Minister has studied this. How did the Netherlands manage to reduce crime and reduce the prison population by almost half?

[Lord Timpson (Lab)]

Before we look at any other countries and international comparisons, we need to fix the system we have first. Before we can do anything on reducing reoffending and having prisons we are proud of, we need to stabilise the system. It is our first priority. We need to fix it, and we need to fix the capacity so that we do not have this problem again. We need to enable our fantastic staff in our prisons and Probation Services to do what they want to do, to put the building blocks in place so people who go to prison have a much better chance of not going back.

[Viscount Hailsham (Con)]

My Lords, the Minister has a great deal of personal experience to give, and his presence is greatly to be welcomed. I support the policy that he has announced; it is sensible in the circumstances. But, if it is to be safe, there needs to be proper provision for the accommodation and employment of released prisoners. Can he be a little more specific about that?

[Lord Timpson (Lab)]

Having somewhere to live when someone is released from prison is vital, and we are planning to continue with all the schemes that are currently in place, including the 84 nights that are scheduled for people who leave prison. One of my concerns is that recently, because capacity has been so constrained, hard-working prison and probation staff have not always been able to manage the transition from prison to the community as well as I would like to see in future.

[Baroness Burt of Solihull (LD)]

My Lords, I warmly welcome the noble Lord to his new role and to this House. His considerable experience and reputation go before him and he is highly respected as a man who lives his values. Having said that, it has to be said that he has inherited a crock, and I am afraid it is not a crock of gold.

The Minister paints a truly horrific picture of the situation now facing this country and we on this side are looking forward to working with him constructively over the next parliamentary term. In time, we can further reduce the prison population by implementing the recommendations of the Justice Select Committee and conducting a resentencing exercise for the unfortunate indeterminate sentence prisoners still stuck in a limbo of uncertainty. Will the IPP sentencing review include indeterminate sentence prisoners? I know that is perhaps a discussion for another day, but right now we can do little other than agree to the release, with suitable support and safety conditions, of certain categories of prisoners who are towards the end of their tariff to make room for other individuals who present more of a threat to society.

[Lord Timpson (Lab)]

I am well aware of the issues around indeterminate sentences for public protection. I know that matter is of great interest to noble Lords. It would not be appropriate to make changes in relation to IPP prisoners, because they are a different order of public protection risk. I am determined to make more progress on IPP prisoners. As I say, we will build on the work done by the previous Government. We worked constructively with the previous Administration on sensible changes that could be made in the safest possible way for the public. Those changes were on the licence period and the action plan, and we will crack on with that as a new Government. Any changes that we make to the regime for that type of sentence, which has rightly been abolished, must be done while balancing the public protection risk, which we would never take lightly.

[Baroness Watkins of Tavistock (CB)]

My Lords, I welcome the Minister to his new role. I want to bring up the issue of Dartmoor prison; I live six miles from it and have been very involved with it for over 30 years. The significance is that 175 people will be moved within the next two weeks. Does that mean there will be only 525 male places available in England? How long will it take to reopen Dartmoor, if at all? If it is not to be reopened, what are we to do to ensure that the skills and expertise there are used elsewhere in the prison service? Because of the potential challenges to the local economy, can we seriously consider a new prison somewhere nearby?

[Lord Timpson (Lab)]

I thank the noble Baroness, Lady Watkins, for her question. Interestingly, this week I have heard of Members of Parliament in the other place complaining about people wanting to build a new prison in their area, and then people also complaining that we are closing prisons in their area.

The circumstances at Dartmoor are exceptional and it is a very unfortunate situation that we are in. We spoke to the Prison Officers’ Association, which I met last week to discuss our plans to support the workforce there. It has been a very successful prison, as I am sure the noble Baroness is aware; it has been very well run and has had very good outcomes. We need to make sure that we retain the talented staff who are there. I have also spoken to the local MP to assure him that we will inform him of everything we know as soon as it happens, and that we will maintain the prison while it is temporarily closed so it will be ready to be reopened if we can.

[Lord Garnier (Con)]

My Lords, I declare an interest as a trustee of the Prison Reform Trust, which is already known to the Minister. Will he accept that it was a great pity that, under the last Labour Government— I was shadow Prisons Minister during part of that time—a large number of prison farms and gardens and equally rehabilitative facilities were closed, allowing prisoners to leave prison unable to get jobs with Timpson and indeed unable to get jobs at all? Will he make it a point that, first, he gets direct access to the Prime Minister on prisons policy—without that, he may drift—and that, secondly, he will reintroduce prison farms and gardens and introduce purposeful activity in our prisons? There are too many prisoners sitting in cramped cells, essentially living in a shared lavatory, when they ought to be getting out, training, reading, writing and learning how to fend for themselves once they have left prison.

[Lord Timpson (Lab)]

I used to see the noble and learned Lord, Lord Garnier, at the other end of a much smaller table when I was chair of the Prison Reform Trust. He sat in the middle on the right. This time he is straight in front of me.

[Lord Garnier (Con)]

I am still on the right.

[Lord Timpson (Lab)]

He is still on the right. In fact, he never sat on the left.

I accept that farms and gardens are very positive in prison environments. In fact, one of the prisons I visited recently is HMP Haverigg, a prison that Prisons Ministers rarely visit at all at the far end of Cumbria. One of my goals in this role is to go and see the prisons that Prisons Ministers have never been to. At Haverigg there is a big focus on gardening and market gardening, which creates not just extra skills but a great nurturing environment for the prisoners there. It is also a source of income, because they have a little shop at the gate. That is something I am a big fan of and I will be ensuring that we do all we can to support that

[Baroness Jones of Moulsecoomb (GP)]

I welcome the Minister to his place; it is a brilliant stroke by the Labour Government. However, I did not quite understand his reply on the IPP prisoners. Clearly there is an injustice there that needs to be sorted as fast as possible. It was created by the last Labour Government, so it would be appropriate for the current Labour Government to sort it out as quickly as possible.

[Lord Timpson (Lab)]

The situation with IPP prisoners is of great concern. I know that huge numbers of Members on both sides of the House care about it deeply, and I share that concern. IPP prisoners are not caught by the changes that we are putting forward. I have spent a lot of time talking to IPP prisoners inside and outside prison—in fact, in my previous role a number of IPP prisoners were colleagues—so I know the complexity of the issues involved. I also know that we as a House need to be determined to find all that we can do to support IPP prisoners and their families, and to make sure that we still maintain safety.

[Baroness Bottomley of Nettlestone (Con)]

My Lords, will the Minister have an early meeting with his opposite number in the Department of Health, because the NHS has responsibility for prison health services? I regret that it is not always its highest priority, and the prisons are full, as the Minister will know, of people with long-term conditions, including physical and mental health problems. It is essential that they are given appropriate health understanding. Lastly, whenever he visits a prison, will he see whether he can find time to meet the chaplain? The chaplain has a unique role, supporting staff and families, as well as prisoners.

[Lord Timpson (Lab)]

I thank the noble Baroness. I often meet chaplains when I go into prisons. The last time I had a long meeting with one was in Belmarsh, at a small part of the prison where terminally ill prisoners were living. I thought the kindness and compassion that they had was wonderful to see. As for health commissioning in prisons, one of the things that I want to work on in this role is understanding how commissioning works in prisons, as well as supporting governors, who are often managing multi-million- pound contracts, so that they can ensure that things are working well and people are accountable for what they do.

Perhaps I could leave your Lordships with one thing that I have seen in the last few years to support people with challenges. It was in Wakefield prison, where an autism wing has been set up. When the prisoners were put in this unit, having been very disruptive and moved around the estate all the time, they were very calm. They stayed there and made the whole prison environment much better. I agree that a lot needs to be done.