Prisons and Probation

Kit Malthouse Excerpts

Wednesday 27th January 2016 Commons Chamber

[Michael Gove]

The hon. Gentleman is right to say that, if we are to deal with this problem, we must be vigilant in ensuring that we have not just staff but the training that is needed to support them.

The hon. Gentleman’s mention of the chief inspector of prisons gives me an opportunity to repeat what I had a chance to say only briefly yesterday, and again to express my gratitude to Nick Hardwick for the role that he has played. His latest annual report certainly does not make comfortable reading for someone in my job, but I would far rather have someone who told us the truth, and ensured that we performed our duties as elected representatives and as Ministers in the full knowledge of the truth, than someone who felt, for whatever reason, that they had to varnish or edit the truth. As I think most people would acknowledge, Nick Hardwick and I do not come from exactly the same point on the ideological spectrum, but because I am committed to using every talented voice and experienced pair of hands that I can find in order to improve our prison system, I am delighted that he accepted my invitation to chair the Parole Board.

It is understandable that, during an Opposition day debate, the hon. Member for Hammersmith should point the finger at failings that he alleges are unique to the Conservatives, and it is understandable that he should focus on the trends and statistics that appear to have worsened under a Conservative Government. However, it is also appropriate to recognise that, as was pointed out by my right hon. and learned Friend the Member for Harborough (Sir Edward Garnier), there were problems under Labour as well. For example, the incidence of reoffending—which I think provides a real index of the effectiveness of our prisons—is broadly unchanged. I do not say that because I want to make a partisan point; I say it merely because I want to emphasise the difficulties that we all face in improving our prison and probation service. In 2009, 46.9% of those who served custodial sentences went on to reoffend. The figure is now 45.1%. If I wanted to make a partisan point, I would say that the number of reoffenders had declined, but in fact the difference is statistically insignificant, and it is a reproach to all of us.

[Kit Malthouse (North West Hampshire) (Con)]

My right hon. Friend has made an important point about reoffending. I wonder whether he has had a chance to consider my suggestion that the probation and police services should be merged so that offender management outside the prison estate becomes the responsibility of the police, who, in the end, are having to pick up the pieces. Might we not see a step change in the numbers that he has just outlined if we made that move, as well as quite a large financial saving?

[Michael Gove]

I thank my hon. Friend for the work he did as Deputy Mayor of London, when he was responsible for policing and crime and made a significant contribution to reducing knife crime on our streets and in deploying the Metropolitan police more effectively. I think all of us would agree that prisons and probation cannot work effectively unless there is a close working relationship with the police service. However, I would caution against making a change at this point of the kind my hon. Friend suggests. It is a fascinating idea, and it has been put to me by others whom I respect, but we are just 12 months into the transforming rehabilitation programme initiated by my predecessor, and it is only appropriate that we acknowledge that that programme has already seen an increase in the number of frontline probation officers, again of more than 500.[Official Report, 23 February 2016, Vol. 606, c. 3-4MC.] Yes, it has brought in commercial expertise, but it has also brought in the charitable and voluntary sector and, for the first time, there is a direct requirement to provide support for those prisoners who leave after serving sentences of 12 months or less.

I think that was a humane and wise decision on the part of my predecessor, because we know that people who serve shorter sentences are more likely to reoffend. We can debate the factors that drive that, but what is undeniable is that if someone has served a shorter sentence—if they are part of that cohort more likely to reoffend—they deserve the support of probation just as much as, if not more than, other offenders.

The situation that used to prevail, where these offenders would be given £46 and left to their own devices as they went through the prison gate, was replaced by my predecessor and it is only appropriate that this House, whatever other criticisms it directs at this Government, acknowledges that that was a step forward for which he was responsible.

--- Later in debate ---

[Michael Gove]

The hon. Gentleman makes a very good point. We already take seriously the position of veterans in the criminal justice system. At the behest of my predecessor, my hon. and learned Friend the Member for Sleaford and North Hykeham (Stephen Phillips) has produced a report on the care of those offenders, and the Minister for Policing, Crime and Criminal Justice, is carrying forward that work. In particular, he is working with Care after Combat, a charity that supports offenders who have been in the military.

The hon. Gentleman’s point about problem-solving courts is also powerful. When I had the opportunity to visit the United States of America, I saw how veterans courts, drugs courts and problem-solving courts can make a real difference in keeping people out of jail and helping them to put their lives back together, so I would be more than happy to ensure that the Minister talks to the hon. Gentleman.

The hon. Gentleman’s intervention brings me on to my next point. Yes, there are some people in our prisons who deserve to be there because they have done wrong. Yes, there are some people in our prisons who are there because of mental health or personality disorders. And then there are other people who have made profound mistakes, crossed the line and committed crimes, but whose actions deserve to be placed in context. I am not for a moment suggesting that the pain a victim feels is any less as a result of the difficult circumstances that some people have been brought up in, but if we want to ensure that there are fewer victims and less pain, we need to ask ourselves what led that young man or woman into criminal activity.

In many cases, the individual will have grown up in a home where violence was the norm. They might have witnessed domestic violence in their very early years. Their brain development might have been arrested by a failure to ensure that there was a loving and secure attachment to a parent or carer who put them first. There might have been an absence not only of love but of loving authority—perhaps no one cared enough about them to teach them the difference between right and wrong. Someone who grew up in such circumstances could go to primary school ill-equipped to benefit from good teaching and go on to secondary school still unable to read.

Such people could find in the culture of gangs on the streets a warmth, a false camaraderie and a sense of self-esteem that they had never found anywhere else. That individual could then go on to commit crimes. Of course, once that individual has broken the law, justice must be done. However, as well as ensuring that justice is done in our courts, we must also ensure that social justice is done on our streets. That means looking at some of the root causes—family breakdown, substance abuse, domestic violence—that contribute to the difficulties that these young people grow up in.

[Kit Malthouse]

My right hon. Friend is making a profound and powerful point, with which I agree. Does he also agree that the involvement of alcohol is one of the largest drivers of short sentences, and that it often tips people over the edge? He will be aware of the compulsory sobriety project, which has been running in Croydon with powerful results. Now that he has licensed its use across the country, will he put some of his Department’s resources into spreading this disposal, which avoids the need for people to go to prison altogether and is a much more effective treatment for the problem? In removing alcohol, it removes offending.

[Michael Gove]

My hon. Friend makes a very good point. The Minister for Policing has been closely involved in that pilot. So far as we can see, sobriety tags have made a significant contribution to reducing reoffending, and we hope that they will be able to form part of a significant extension of what is known as electronic monitoring, or tagging—in other words, ways in which individuals can be monitored to ensure that they stay on the straight and narrow, as far as possible, in a cheaper and more effective way that can often enable them to maintain their links with work, family or education, which are critical to improving their lives.

That brings me to the hon. Member for Hammersmith’s challenge: what are we going to do about these things? I will be honest: I came into this job not expecting to be in it, but I have found it fascinating and challenging and I have found some of those with whom I have to work inspiring. In contrast to the time that I spent at the Department for Education—I had three years to shadow; when I came to office I had a clear plan that I wished to implement, although not one that necessarily recommended itself to all parts of the House—I have deliberately set out to listen and to learn. I have asked people whose idealism is not in doubt and whose ability is clear to explore the landscape for me. That is why I asked Sally Coates, who cares about the education of the disadvantaged, to look at education in our prison system. Her report will be published in the next couple of months.

It is already clear, as a result of a decision made at the time of the autumn statement, that money that was previously spent by the Department for Business, Innovation and Skills will now be spent by us in a way that suits prisoners and the needs of offenders and of wider society rather than the requirements of a further education framework that was not appropriate for all offenders. More will be said by Sally in due course and by Charlie Taylor, who has devoted most of his career to working with some of the most difficult young people and who, in his review of the youth estate, has drawn preliminary lessons similar to those highlighted by the hon. Member for Hammersmith.

Yes, it is the case that young offenders are, in many cases, better cared for in smaller environments. Yes, it is the case that they need structure and discipline in their lives, but they also need a clear path towards educational attainment. One problem in our prisons is that, for many, educational attainment is capped by the way in which qualifications have been funded and educational providers have been procured. Prisoners have had diet after diet after diet of level 2 qualifications, which initially may give them a sense of purpose and renewed hope, but ultimately end up with them on a hamster wheel where they are not making the progress—in terms of education and of rehabilitation—that we would like to see.

I have addressed the issue of improving education. I have also asked the Under-Secretary to lead a programme to ensure that we can get more prisoners working fruitfully. That will mean: building on the success of organisations such as Halfords and Timpson that have done so much to recruit offenders; incarnating the lessons that the Mayor of London pointed out last week when he said that many employers found that ex-offenders are more honest and more reliable than many of those whom they hire; and providing new incentives for prison governors to give their inmates meaningful work. We must think hard about how we can expand the use of release on temporary licence.

We need to give governors more power to ensure that offenders, at a particular point in their sentence when the governor is as sure as he or she can be that that individual’s risk to others is diminishing, have the opportunity to go out during the day to work or to acquire educational qualifications to prepare them for life on the outside. Almost every prisoner will be let out at some point; we cannot keep every criminal in jail forever. If we are to release prisoners at some point, it is far, far better that they have, by a process of acclimatisation and growth, learned what it is to work responsibly in an appropriate environment or to work hard to acquire the educational qualifications that will give them a new start.

As well as giving governors more power over release on temporary licence, we want to give them more autonomy overall. In offering governors more autonomy, I know that there will be some—perhaps it will be colleagues in the Prison Officers Association—who think that this is a Trojan horse for privatisation or for a bigger role for the private sector. Let me say two things. First, the private sector has had something to offer in prisons, and that is something that unites both Front-Bench teams. There was a growth in the number of private prisons under Labour, and private prisons such as G4S’s Prison Parc in Bridgend do an exemplary job. That is underlined in every inspection.

I want to see governors who are currently in the system—people who joined the National Offender Management Service because of their idealism—given more freedom within the state sector to do what they do best. Baldly, my model is one of academy principals or of the chief executives and clinical directors of NHS foundation trusts who have shown that, with increased autonomy within a structure of clear accountability, they can achieve significant improvements.

I began by saying that I was grateful for the tone in which this debate was opened by the hon. Member for Hammersmith and I am looking forward to hearing and reading as many of the contributions as possible. Let me apologise to the House for the fact that I will have to leave the Chamber at 5.30, although I hope to return at 6.30. Every single contribution to this debate matters. All 85,000 of the prison population, which is so often out of sight and out of mind, are individuals whom we should see not as liabilities but as potential assets. Many of them have led broken lives and many of them have brought pain and misery into the lives of others, but we want to ensure that, in the future, they can contribute to our society rather than bring more pain and misery.

We are tough on crime in the Conservative party, and we appreciate that really being tough on crime means being intellectually tough enough to wrestle with the problems of why crime occurs and how to stop criminals from offending again. What is truly soft on crime is being intellectually soft and reaching for easy, simple soundbites instead of intellectually rigorous solutions, and that is why I commend the Government’s prison reform programme to the House.

Psychoactive Substances Bill [Lords]

Kit Malthouse Excerpts

Wednesday 20th January 2016 Commons Chamber

[Lyn Brown]

In speaking to new clause 2, I praise the work of my hon. Friend the Member for Barrow and Furness (John Woodcock) and the Local Government Association.

The powers in new clause 2 are comparable to the closure powers for premises that serve alcohol under the Licensing Act 2003. The new clause will provide a helpful interim power for local authorities when premises notices have been ignored. I do not see why we should treat outlets that are suspected of ignoring warnings to stop selling psychoactive substances any more gently than those that are believed to be selling alcohol illegally.

[Kit Malthouse (North West Hampshire) (Con)]

I rise to speak to amendments 2 and 3, which stand in my name. They deal with one small anomaly in the Bill and one more fundamental issue.

It is accepted in the Bill that the selling of psychoactive substances to children is a heinous crime that should attract an aggravated sentence. The Bill contains the aggravating factor of selling psychoactive substances outside a school, which will attract a stiffer sentence. However, there is a group of children who are more vulnerable than those who go to school and that is those who live in children’s homes. I am therefore seeking to make it an offence to sell these substances outside a children’s home.

I understand that the Government are keen to rely on sentencing guidelines to bring in these measures. However, that raises the question of whether we should have any aggravating factors at all. These provisions mirror exactly those in the Misuse of Drugs Act 1971. As far as I can see, that is the only reason why children’s homes are excluded from the Bill. I ask the Minister to consider the logic of including selling these substances outside a children’s home alongside selling them outside a school.

The second issue is more fundamental. I am seeking to make it an aggravated offence to sell these substances to anybody under 18. The law for the protection of children in this country is patchy, old and confused. In particular, it does not privilege children as a group against whom committing a crime is particularly serious. We privilege lots of other groups, including those with a religious faith, those of particular ethnicities and those of a particular sexuality. If a crime is committed against those people because of who they are, it is more serious in sentencing terms. Children are not among that group.

My amendments therefore seek to make the sale of psychoactive substances to anybody under 18 a more serious offence in the eyes of a judge and one that attracts a stiffer sentence. I am doing this in the hope that when any future criminal justice or sentencing Bill appears, the House will do what it did in 2012, when it made the transgender community an aggravated feature, as it is called, which means that any offence that is committed against them because of their particular characteristics attracts a similar sentence. I hope that we will do the same for children in future legislation.

It is about time that we focused on some of the very old children’s legislation and brought it up to date. The first step in doing so is to send a signal to the courts and the public in general that we see children as a group that is worthy of special protection.

Oral Answers to Questions

Kit Malthouse Excerpts

Tuesday 8th December 2015 Commons Chamber

[Andrew Selous]

These reforms give us the opportunity to bring down reoffending rates, which have been stubbornly high for a very long time. We are tracking the performance of the CRCs very closely and we will continue to do so, and in time I think we will see significant results from these reforms.

[Kit Malthouse (North West Hampshire) (Con)]

I recently wrote to the Lord Chancellor and received an uncharacteristically non-committal reply, unbelievable though that may seem. I therefore ask him again: does he believe the maximum tariff for child cruelty, which is set at 10 years, is too low, and will he use the upcoming criminal justice Bill to raise it to 14 years?

[Michael Gove]

Normally I like to give my hon. Friend satisfaction, but on this occasion I am afraid I will have to maintain the enigmatic prevarication that characterised my previous communication with him.

Oral Answers to Questions

Kit Malthouse Excerpts

Tuesday 3rd November 2015 Commons Chamber

[Mike Penning]

We have extended the sentence from two to 10 years for driving without a licence or while suspended, and we continue to look at the sentences. At the end of the day, however, we must convince people to drive sensibly so that the highways are safer for all of us. The figures are dramatically down, but we are continuing to look at the sentencing regime.

[Kit Malthouse (North West Hampshire) (Con)]

One of the most effective disposals for repeat dangerous driving offences involving alcohol is compulsory sobriety. Following the highly successful pilot in Croydon and the Minister’s very welcome licensing of that disposal across the rest of the country, will he join me in encouraging police and crime commissioners to set up facilities to allow for compulsory sobriety, so that magistrates can make use of them, particularly when dealing with repeat drink-driving offences?

[Mike Penning]

I am aware of the scheme, and I discussed it with the Prime Minister only recently. I believe that one of the sobriety bracelets that are being used in Croydon is on the Prime Minister’s desk as we speak. I am encouraging PCCs around the country to push this measure forward, as it has been very successful. I congratulate those who are pushing it forward.

Psychoactive Substances Bill [Lords]

Kit Malthouse Excerpts

Monday 19th October 2015 Commons Chamber

[Mike Penning]

If the hon. Gentleman will bear with me, I will give way once I have finished this part of my speech.

The truth of the matter is that we will have an opportunity at Committee and on Report to look carefully at what the Home Affairs Committee has said and to see whether it can be used to improve the Bill.

[Kit Malthouse (North West Hampshire) (Con)]

The Minister mentioned amendments in the House of Lords and sentencing. He will know, because we have corresponded about this, that one of my concerns about this otherwise excellent Bill is to do with the statutory aggravating factors. At the moment, a person will receive a stiffer sentence if they sell outside a school, but not outside a children’s home. I urge the Minister to look at the amendment that was proposed in the House of Lords, encouraged by the Children’s Society. Also, given that the substances are very often targeted at young people—I have evidence in my own constituency of the drugs being used to lure young people into inappropriate sexual relationships—he might consider an amendment to make it a statutory aggravating factor to sell to anybody under the age of 18 so that it attracts a stiffer sentence. Will he consider that on Report?

[Mike Penning]

My hon. Friend is absolutely right; we have corresponded on this matter. I have looked carefully at what was said in the other place. The Sentencing Council will be responsible for the guidelines. I know that my hon. Friend and the Minister in the other place have agreed to write to the Sentencing Council, and I will do so as well. I will, if I may, keep a very open mind about this matter as we go through the Bill’s stages, particularly the Committee stage.

If we are to have a Sentencing Council, we need to use it in the way that it was designed. I know that there is an anomaly, but my view is that at the moment I will keep an open mind on the matter.

Assisted Dying (No. 2) Bill

Kit Malthouse Excerpts

Friday 11th September 2015 Commons Chamber

[Kit Malthouse (North West Hampshire) (Con)]

I shall keep my remarks short. I did not expect to be pitched, so early in my parliamentary career, into a conflict of morality, philosophy and the mundanity of legislation, but here we are. I have listened very carefully to many of the powerful speeches today, quite a lot of which, I am afraid to say, have been guilty of a cultural romanticisation of death. That is no surprise in a society in which many centuries of art, literature and religion have underlined that romanticism, creating a sense of nobility and grace about death. Even the murder and torture of Christ is referred to as the Passion. The reality for many people, of course, is nothing of the sort. It is anything but noble. The death bed is a place of misery, torture and degradation, a reign of blood, vomit and tears. It is often hard to see the compassion and the beauty in that.

The truth, as the hon. Member for Bristol South (Karin Smyth) said, is that the reality is already here. Doctors are hastening and helping people to their deaths every day. The Liverpool Care Pathway, and what remains of it, was about exactly that. Many people show up at hospital to find that awful acronym DNR hoisted above the bed of their relatives. The machines are turned off on a regular basis. As the hon. and learned Member for Holborn and St Pancras (Keir Starmer) underlined, the Rubicon has already been crossed with regards to compassionate assisted suicide. This is not something from which we in this House can shy away. As the hon. Lady has just said, we already have a business class carriage to a dignified death—if anyone has the money, they can go to Switzerland to achieve it. The reality is here and we should not abrogate our responsibilities to regulate, control or have some view on it.

A number of Members have raised questions about worth. I can understand and respect those with a religious belief who believe that the spark of life, however long and whatever the quality, is worth preserving. I would, however, ask people to question the notion of longevity versus quality. When my wife’s sister was in the final throes of breast cancer four years ago, my wife was very frustrated and angered by her unwillingness to participate in clinical trials. She had reached the end of her life and really did not want to prolong what had been an agonising and painful five years. She was focused on the quality of her life rather than on its longevity.

Finally, we have to start at the right end of the telescope in this argument. I am with my hon. Friend the Member for Reigate (Crispin Blunt) and the right hon. Member for North Norfolk (Norman Lamb) in believing we have to start with human rights. If we decide that someone else has dominion over my body when I am in extremis, in pain, in the final months of my life, the argument is settled and everything else becomes rhetorical. If we do not, it is for the House to find solutions to the problems that might emanate from that decision. That is why I will be supporting the Bill into its next stage. We need to have that debate to come to those decisions, if we decide that I have dominion over my body in the final stages of my life.