Queen’s Speech

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Monday 21st October 2019

(4 years, 7 months ago)

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Lord Dholakia Portrait Lord Dholakia (LD)
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My Lords, I am delighted to respond to Her Majesty’s gracious Speech. Almost all the major Bills announced have been trailed from the time Boris Johnson became Prime Minister. I have no doubt that this announcement, disguised as the gracious Speech, will form the Conservative manifesto at the next election.

The Speech contains announcements which I welcome: for example, on bringing forward legislation on domestic violence and improving the treatment of victims of crime by the criminal justice system. Regrettably, however, these sensible measures have been overshadowed by the Government’s determination to project a macho, harsh image towards criminals by yet again increasing the severity of sentencing.

The problems in our prisons are well known and they have been debated many times in this House. This country has the highest rate of imprisonment in western Europe. There are 139 prisoners per 100,000 population in England and Wales, and 150 per 100,000 population in Scotland, compared with 104 per 100,000 in France and 77 in Germany. The severity of our sentencing has greatly increased. Last year, the average sentence for an indictable offence was 58 months—or just under five years. This is more than two years longer than the average sentence 12 years previously in 2006, when it was just under three years.

As a direct result of our high use of imprisonment, the state of many of our prisons is a national disgrace. In his annual report for 2018-19, the Chief Inspector of Prisons said that,

“far too many of our jails have been plagued by drugs, violence, appalling living conditions and a lack of access to meaningful rehabilitative activity”.

Prisoners and staff now feel less safe than they have at any point since records began. The number of deaths in prison has almost doubled in the past decade. Rates of self-harm by prisoners are the highest ever recorded. Assaults in prisons are also at the highest level ever recorded. The number of recorded sexual assaults in prison has quadrupled since 2012. Assaults on staff have tripled in the past five years.

Yet the Government now propose sentencing changes which will send even more people into already overcrowded and struggling prisons. They propose to increase the proportion of sentences to be served by violent and sexual offenders before they are released on licence from one half to two-thirds of their sentence. When those prisoners are released, the length of time for which they will then be supervised on licence will be less than it is now, despite the strong evidence that such supervision greatly reduces the likelihood of further offending.

It is perfectly obvious that the motivation behind that is to enable the Government to adopt a tough-looking stance in a forthcoming general election. When judges conclude that an offender is dangerous, they already have the power to pass an extended sentence. When they do so, the offender serves two-thirds of their sentence in custody, followed by an extended period of supervision in the community, so it is difficult to see what benefits the new proposals will have for public safety. The Government also propose to increase the minimum periods which life sentence prisoners must serve by changing the way in which tariffs are calculated and increasing the number of offences for which prisoners receive whole life tariffs.

These changes also do nothing to increase the safety of the public. Life sentence prisoners who have served their minimum term are released only after a careful review of their case by the Parole Board, which must be satisfied that their risk is minimal before they can be released on licence. The proportion of offenders released on parole who commit a further serious offence is less than 1%, so it is difficult to resist the conclusion that the changes are simply a grandstanding gesture. The result of that grandstanding will be felt on every landing in every prison in this country. It will be felt by prisoners and by hard-pressed prison staff, who are struggling to cope in an overstretched and underresourced prison system. What is the Government’s estimate of the increase in the prison population which will result from their proposals on sentencing?

These changes will do little, if anything, to reduce crime. International surveys, including a thorough international survey by our National Audit Office in 2012, have shown that there is no connection between the level of imprisonment in a country and its crime rate. Rates of crime depend on a wide range of factors in society, including rates of employment, the extent of drug and alcohol misuse, levels of family breakdown, income inequality, mental health provision and the way in which a society supports its most vulnerable and marginalised members. In comparison with those factors, sentencing has only a marginal effect.

The best way to combat crime would be a strategy to reduce the use of prison, increase the use of community sentences, which are less expensive and more effective, and increase the resources devoted to social measures which can prevent or reduce crime. It is regrettable that the Government have abandoned sensible proposals floated by previous Secretaries of State for Justice which could have offset some of the damage which will result from the new sentencing proposals.

Until recently, the Government were canvassing the idea of introducing a presumption against short sentences.

Baroness Bloomfield of Hinton Waldrist Portrait Baroness Bloomfield of Hinton Waldrist (Con)
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I remind the noble Lord of the advisory speaking time. Perhaps he could draw his comments to a close.

Lord Dholakia Portrait Lord Dholakia
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I shall do that. It is an advisory limit, but I shall conclude now.

Short sentences are the most ineffective of all types of custodial sentences. They have the highest reconviction rates. They are not long enough for any serious attempt at rehabilitation, but they can result in offenders losing jobs, accommodation and family life.

Looking at the rehabilitation of offenders would do more to protect the public than headline-grabbing announcements designed to help win a general election rather than fight crime.

Feltham Young Offender Institution

Lord Dholakia Excerpts
Wednesday 24th July 2019

(4 years, 10 months ago)

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Lord Keen of Elie Portrait Lord Keen of Elie
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My Lords, I am grateful for the noble Lord’s observations. We have developed a clear process to respond to urgent notification letters. Senior officials, led by the executive director of the Youth Custody Service, will be directly involved in the work to ensure that immediate action is taken, along with a more in-depth plan to ensure that we see sustained improvement to the establishment in the long term. Of course, as part of the process, the department will publicly respond to the chief executive within 28 days.

Lord Dholakia Portrait Lord Dholakia (LD)
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My Lords, I listened very carefully to the Minister. He said that steps were being taken to curtail new entrants to Feltham A. Is he aware that many of the people in Feltham A have family in the community who are seriously concerned about what is happening to those individuals? What method is being used to inform the near-enough families of the people in Feltham about what is going on? Has the Minister any plans to disclose for a proper way of establishing control and discipline, so that a proper programme of rehabilitation, education and training can take place?

Lord Keen of Elie Portrait Lord Keen of Elie
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My Lords, education, training and rehabilitation are all critical elements of youth custody. To succeed, they require motivation. When motivation is lacking, it becomes extremely difficult to implement what is required.

We seek to improve the situation at Feltham A, in particular. The staff to prisoner ratio in Feltham A, and across all the youth capacity, is normally one to 12, based on full occupancy. The decision to reduce the operational capacity at Feltham A has meant that that ratio has been improved to one to eight.

As regards communications, families are able to keep in regular contact with inmates in the youth custody regime, and I do not understand that there have been any particular difficulties reported on that front at present.

Serco

Lord Dholakia Excerpts
Thursday 4th July 2019

(4 years, 10 months ago)

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Lord Keen of Elie Portrait Lord Keen of Elie
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My Lords, the noble Lord refers to an infatuation of this Government. I remind him that the contracts with which we are concerned go back to 2004, at a time when, at least as I recollect, there was a Government of a different complexion. It was that Government who let these contracts to Serco in 2004 and for many years thereafter.

The resolution of the matter between the Ministry of Justice and Serco took place in 2013-14, when there was a financial settlement of £68.5 million. As to why it took six years for the criminal matter to be concluded by DPA, that is of course a matter for the SFO, to which we lent all our assistance during the course of this very complex inquiry.

Lord Dholakia Portrait Lord Dholakia (LD)
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My Lords, could the Minister confirm that this is not the first time that allegations of this nature have been made against Serco and G4S? Is he aware that it is alleged that they were charging the Government for electronically tagging and monitoring people who were either dead, in jail or had left the country? Could he confirm whether any further contracts are being offered to Serco and whether it is a fit and proper organisation to undertake these tasks? Why have no criminal charges so far been brought against this organisation?

Lord Keen of Elie Portrait Lord Keen of Elie
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My Lords, I will not comment upon suggested other allegations. There has been a thorough investigation by the Serious Fraud Office with regard to events between 2004 and 2014, and that has resulted in the deferred prosecution agreement, as indicated earlier. We are content that Serco, having carried out a thorough and extensive exercise in cleaning out those involved in this matter, is in a position to accept further contracts from the Government going forward, subject to the same rules and regulations that apply to other third parties. Therefore, it will continue to do so. I make no comment on G4S. It may be the subject of continuing inquiries, and it is not appropriate for me to say any more.

Probation: Voluntary Sector

Lord Dholakia Excerpts
Wednesday 5th June 2019

(4 years, 11 months ago)

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Lord Keen of Elie Portrait Lord Keen of Elie
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My Lords, commissioning of interventions for each area will be driven by a regional probation director, who will have a special responsibility to make use of locally available services and to adapt provision to match local need. In addition, we intend to remove some of the barriers that have been in place for smaller voluntary organisations, such as the requirement to provide parent company guarantees, which these voluntary organisations could not meet.

Lord Dholakia Portrait Lord Dholakia (LD)
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My Lords, the National Probation Service has more than a quarter of a million people under supervision at any given time. A lack of resources and Chris Grayling’s reforms have not helped, as was clearly demonstrated by the National Audit Office. We welcomed the setting up of the National Probation Service, but we now have another problem about the extent of its workload. Is it not time to set up a thematic review to examine whether present resources are adequate to meet the implementation objectives of both the Prison Service and the National Probation Service? How do we involve the voluntary organisations in this critical exercise?

Lord Keen of Elie Portrait Lord Keen of Elie
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My Lords, there is a determination to ensure that the voluntary sector is fully engaged in the future delivery of probation services. Indeed, although there are only 94 voluntary community or social enterprises delivering services in the current CRC supply chain, we know that there are many hundreds of such organisations that are either signposted by the present system or are available to be used, and we intend to go to them in so far as we can. As regards the future organisation of those services, we are in the process of gathering data on all staff across the probation system to inform our workforce planning for this new model.

Probation Reform

Lord Dholakia Excerpts
Thursday 16th May 2019

(5 years ago)

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Baroness Chakrabarti Portrait Baroness Chakrabarti (Lab)
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My Lords, I am incredibly grateful to the Minister for repeating the Statement. This is a welcome U-turn on a disastrous probation policy—but what a mess, what an absolute mess. I feel the need to probe the underlying thinking a little further to ensure that lessons are truly being learned in the Government. Those of us on these Benches have real constitutional concerns, and concerns about accountability for public safety in relation to privatising the criminal justice system.

Today’s U-turn, a necessary first step to cleaning up the probation mess, comes only after hundreds of millions of pounds have been squandered propping up failing private companies, and public safety has been put directly at risk as a result. So I must probe the Minister on the thinking for the future and the proportion of these funds that are to be preferred towards private companies as opposed to voluntary bodies and social enterprises. This is crucial to understanding whether failing outsourcing giants, such as G4S and Sodexo, are going to be offered a way back into the probation system.

Lord Dholakia Portrait Lord Dholakia (LD)
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My Lords, I thank the Minister for repeating the Statement. All of us think that it has been a long time coming and it is right that we should broadly welcome the thrust of the Government’s intention to reorganise this service.

I take our share of the blame as part of the coalition Government, during which we supported some of the reforms of the National Probation Service in 2014. Some of the principles of these reforms were very sound when they were introduced. It was right that supervision was available for at least the first year when inmates leave prison. It was important to provide through-the-gate services, so that people can have a place to live as well as continuity of training and treatment between prison and the community. To do all this, it was vital that voluntary organisations working in the criminal justice field were fully involved.

Mr Grayling has bungled and underfunded contracts so badly that his reforms failed to achieve these objectives. No wonder it is estimated that these botched reforms have cost the taxpayer more than £500 million, according to the National Audit Office. He is the most unfortunate Minister whose record is dismal, and it is a surprise that he has lasted so long, even at the Department for Transport at this stage.

We need some guarantees to ensure that the probation service is not let down again. Who is examining the existing case load of probation officers? What further resources are available to make them more effective? Is there any way of tying probation resources to the rise in the number of prisoners in our establishments? Is there some way of ensuring that more incarceration of prisoners will effectively mean more work for the probation service? A good many well-trained but disillusioned probation officers have left the service in the last few years. What is being done to bring them back into probation work?

The Minister has just announced a new targeted innovation fund. What share will voluntary organisations have in such funds in order to make the probation service more effective? The new targeted innovation fund ought to make sure that such organisations are not locked out. Of course reforms are necessary, but we should never lose sight of the fact that when the state incarcerates prisoners, it takes full responsibility for each individual. We would do well, in very difficult times, to say to ourselves that if we lose that responsibility we will lose control of our criminal justice system.

Lord Keen of Elie Portrait Lord Keen of Elie
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My Lords, I thank the noble Lords for their contributions. I do not accept the characterisation of these matters advanced by the noble Baroness, Lady Chakrabarti. Indeed, as I have often observed in the past, the gross overstatement of an argument simply diminishes it in the ears of hearers.

The position is that we have learned lessons over the past few years from the way in which probation was set up and carried through, as between the National Probation Service and the CRCs. Indeed, one of the difficulties that emerged arose not out of money being used to prop up CRCs, or money being taken from the taxpayer for the benefit of CRCs, but because the Government were actually too successful in negotiating the commercial terms of the CRC contracts, with the result that the CRCs made persistent losses on these contracts of such magnitude that they began to withdraw from the quality of service they should have provided in the first place. That created very real difficulties, and we accept that. We actually had to go to the CRCs and try to renegotiate in order to keep them on a reasonable path of provision.

One consequence of that has been that, for example, CRCs have paid out more than £9 million in respect of what are called service credits—which are, for them, service debits; they are credits to the taxpayer but debits to the shareholders of these companies—because of their failure to reach performance targets. So we responded to the very real difficulties that emerged in that context.

We are now developing a system whereby we will have the probation service on a regional basis. These regions will be coterminous with the PCCs, in the hope that, going forward, there will be greater linkage between the PCCs and the probation service. We will have a director-general of probation, which I think accords with a recommendation that has just been made in the interim report issued today by the noble Lord, Lord Ramsbotham, who was commissioned by the noble Baroness’s honourable friend, who I believe continues to be the shadow Secretary of State for Justice, Richard Burgon MP, who asked the noble Lord to look at this.

On the question of U-turning on nationalisation, I will quote from the interim report of the noble Lord, Lord Ramsbotham. He says:

“There is no doubt that the private sector has brought rigour to the oversight of probation. The best of them explained how they had introduced a forward-looking culture of delivering more with less, which must have relevance for the future, plus a better understanding of the relationship between cost and delivery”.


We are seeking to build on those benefits, appreciating that there were also deficits in the way in which CRCs delivered at the end of the day.

To take up the particular point raised by the noble Lord, Lord Dholakia, we are concerned to ensure that the voluntary sector has access to these contracts going forward. Indeed, one of the difficulties that emerged with CRCs was that, as they fell into greater financial difficulty, they drew back from their engagement with the voluntary sector and we therefore lost the immense benefit of that sector’s involvement in the probation service.

Taking this forward, we hope to re-establish clear, unambiguous faith in—for example—non-custodial sentences so that the courts can have more confidence in putting those forward and thereby, touching again on a point made by the noble Lord, relieve pressure on the prison system itself by virtue of an improved probation service.

Justice: Women’s Centres

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Wednesday 12th September 2018

(5 years, 8 months ago)

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Lord Dholakia Portrait Lord Dholakia (LD)
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My Lords, let me thank the right reverend Prelate the Bishop of Gloucester for securing this debate. I add my congratulations to the noble Baroness, Lady Sater, for her excellent maiden contribution.

We are told that at any one time, there are around 4,000 women in prison, but we are not told that the number of women in prison has doubled since 1993. Most of these women are not serious offenders. The available statistics are very frightening: more than half received short sentences of six months or less; more than one third had no previous convictions; a substantial number are in prison for non-violent offences; and around a quarter of the women imprisoned each year are jailed for shoplifting.

Women in prison typically have a wide range of serious welfare problems. Imprisoned women are five times more likely to have a mental health problem than women in the general population, with 78% showing signs of psychological disturbance when they enter prison. I have checked the latest available figures, which are seriously concerning: 75% of women in prison used illegal drugs in the sixth months before imprisonment; 58% used drugs every day during those six months; 37% previously attempted suicide; over half have suffered domestic violence; and one in three has experienced sexual abuse.

The incidence and, to a lesser extent, the nature of crime may vary from place to place and from generation to generation, but crime is something with which all societies have to come to terms in their own way. The underlying causes of crime and the effectiveness of punishment and treatments will continue to be debated. We now have ample evidence that overreliance on prison as a way of dealing with offenders has not helped. Priority must be given to crime prevention in its broadest sense and to schemes for diverting as many young offenders as possible from the criminal justice system. There is nothing soft about this sort of approach: it is an entirely realistic appraisal of the strictly limited contribution that courts and prisons can make to reducing crime. Equally, we as a society should be aiming to send fewer people to prison.

I was delighted by the contribution of the noble Baroness, Lady Corston. There was a strong message in her review about vulnerable women in the criminal justice system:

“Community solutions for non-violent women offenders should be the norm … There must be a strong consistent message right from the top of government, with full reasons given, in support of its stated policy that prison is not the right place for women offenders who pose no risk to the public”.


We should endorse this principle, backed by many Court of Appeal judgments that the courts should send to prison only those whose offending makes any other course unacceptable, and that those who are sent to prison should not stay there any longer than is strictly necessary.

In last week’s debate on rehabilitation, secured by the noble Lord, Lord Bird, we were clear that one of the prime concerns of prison was to prepare inmates for their eventual release. Prisons have a poor record on reducing reoffending. Nearly half of adults are reconvicted within one year of release. The record for women is not inspiring: 48% are reconvicted within one year of leaving prison. Short prison sentences, as almost every speaker has said, are less effective in reducing reoffending than community sentences.

Public confidence is shaped by the quality of service that our prisons can provide. Recent reports on our prisons are a matter of serious concern. Locking up inmates for a long time daily is unlikely to build the confidence that is needed to achieve effective rehabilitation.

The number of prisoners in our institutions and the lack of resources required to maintain decent standards calls for a strategy to look at alternatives to the slogan, “prison works”. It does not. The Government’s commitment to seeking community solutions for most women offenders is welcome. However, the limited resources allocated to support women’s centres and the lack of a timetable to drive progress remain matters of serious concern.

Establishing a network of women’s community projects with adequate funding from the Ministry of Justice is a way forward. These projects are run by voluntary organisations in partnership with the probation service. They operate as one-stop-shop centres, providing a range of services, and have proved highly effective in keeping women out of custody while providing the support and help they need to avoid reoffending.

Many women have been referred to the projects since they were established. The analysis of the help provided is there for all to see. Many needed help such as counselling, and with behavioural needs. Help is provided on health, accommodation, employment and training, finance and debts, drugs and alcohol, and children and family issues. A good proportion needed support in connection with experiences of abuse, rape and domestic violence. I hope no obstacles will be placed in the way of this work being carried out.

One of the Government’s successes has been the establishment of the Youth Justice Board. I am delighted that my colleague, the noble Lord, Lord McNally, was once its chairman. The noble Lord, Lord Ramsbotham, has advocated a similar arrangement for a women’s justice board. We were told that the reason why we do not have a separate framework in law for women is that we have a different structure for them.

Will the Minister look at this matter again to see whether such a board can be established? This would not marginalise women in the criminal justice system, but rather mainstream their provision and ensure that under the national offender management structure, ample priority is given to service provision for, and management of, women offenders.

Prisons: Careers Guidance

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Wednesday 31st January 2018

(6 years, 3 months ago)

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Lord Keen of Elie Portrait Lord Keen of Elie
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My Lords, the contract for the in-custody National Careers Service element could have been extended by a further period of six months maximum from 31 March 2018. A decision was made not to extend it because an internal review of the service being provided indicated that custody contract performance showed significant inconsistencies of service between institutions. As regards its replacement going forward, I note, for example, that community rehabilitation companies already work with every prisoner 12 weeks prior to release to ensure a personalised plan with respect to employment, and Department for Work and Pensions prison work coaches also work in this field. Indeed, it has been noted, particularly in 2016 by Dame Sally Coates in her review of prison education, that there is overlap and duplication within the current arrangements for supporting prisoners.

Lord Dholakia Portrait Lord Dholakia (LD)
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My Lords, I declare an interest as in the register. A number of organisations provide services which assist in the rehabilitation of offenders. Does the Minister agree that to remove the National Careers Service will add to the overcrowding problem, thus increasing reoffending rates, which are now at as much as 70% in young offender institutions?

Lord Keen of Elie Portrait Lord Keen of Elie
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My Lords, we do not consider that this will contribute to reoffending rates. One of the issues we wish to address with regard to future education contracts is the development of greater autonomy and governor empowerment, which will lead to local commissioning of these services and which we believe will lead to an improvement in them.

CPS: Disclosure of Evidence

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Monday 18th December 2017

(6 years, 5 months ago)

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Lord Keen of Elie Portrait Lord Keen of Elie
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My Lords, I am not familiar with the term “sales targets” in this context. Clearly, a balancing exercise has to be carried out to ensure that, particularly in cases of this kind, complainants are able to come forward uninhibitedly and, equally, that anyone complained against is given a full and fair opportunity to put forward their defence. However, I reiterate that I am not familiar with the term “sales targets” in this context.

Lord Dholakia Portrait Lord Dholakia (LD)
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My Lords, will the review take into account past cases in which injustice may have been done because of the failure to disclose information to the defence solicitors?

Lord Keen of Elie Portrait Lord Keen of Elie
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My Lords, the terms of any review are yet to be determined, but it will be an internal review into the particulars of this case.

Bach Commission: The Right to Justice

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Thursday 14th December 2017

(6 years, 5 months ago)

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Lord Dholakia Portrait Lord Dholakia (LD)
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My Lords, the rule of law is at the heart of our democracy. We are the envy of the world for the quality of our justice system. The right to justice is fundamental to our process of law. We cannot be at ease with ourselves if the system excludes anyone from this process because of restrictions on the provision of legal aid.

I thank the noble Lord, Lord Bach, for his report. The commission’s report is a cogent and detailed review of the impact of the current restrictions on the funding of legal aid. The report’s central proposals for a statutory right for individuals to receive reasonable legal assistance without unaffordable costs and for this right to be monitored and enforced by a new justice commission deserve support from everyone who believes that no one should be debarred from receiving justice simply because of their means.

I would like to concentrate my remarks on the impact of legal aid restrictions on one particularly vulnerable group—namely, prisoners. The subject is often ignored but it cannot be avoided because of the state of our penal institutions at present. At this stage I declare my interest as president of the National Association for the Care and Resettlement of Offenders.

People who are imprisoned are particularly disadvantaged if they are unable to mount an effective challenge to abuses because they are unable to secure legal assistance and representation. While prisoners are allowed legal aid in cases that directly affect their liberty, in practice they have been unable to secure legal assistance on issues that have a clear relevance to the length of time they will stay in custody. For example, prisoners have been allowed representation at parole hearings where their release is a possibility, but often they have not been allowed legal aid for representation at pre-tariff parole hearings which cannot direct their release but where the Parole Board can recommend that the prisoner moves to an open prison.

If the Parole Board makes no recommendation for open conditions, this will greatly reduce the prisoner’s chances of release when they reach their parole eligibility date. In most cases, the Parole Board is unwilling to direct the release of a life sentence or IPP prisoner unless they have first been tested successfully in open conditions, so the decisions at these pre-tariff hearings are absolutely crucial to the prisoner’s chances of release in the near future. In April, in a case brought by the Howard League for Penal Reform and the Prisoners’ Advice Service, the Court of Appeal ruled that the unavailability of legal aid for pre-tariff hearings was unlawful. It took the same view of the lack of availability of legal aid for reviews of prisoners’ category A status and for decisions on placing prisoners in close supervision centres.

If a prisoner is categorised as category A— in other words, as someone who needs the highest level of security in the prison system—their chances of a timely progression through the system to a lower security level and to eventual release are greatly reduced. If a prisoner is placed in a close supervision centre, their opportunities to access rehabilitation programmes, work experience and other opportunities to demonstrate their suitability for progression towards release are severely limited. Despite the Court of Appeal’s ruling in April, nothing has changed for several months as the Ministry of Justice said that it would appeal to the Supreme Court to reverse the ruling. I am pleased to hear that the Government have very recently decided not to pursue an appeal. I hope that the Minister will now be able to tell us when and how legal aid will be reinstated in these areas.

There are other key areas that are strongly relevant to prisoners’ opportunities for progression towards release where legal aid is also unavailable. One area is disputes over access to courses such as sex offender treatment programmes, courses to address violent offending, domestic violence programmes, thinking skills programmes and other programmes that can reduce an offender’s risks of reoffending. If prisoners are denied access to such courses because they are assessed as unsuitable, or if the waiting times for programmes are so long that prisoners cannot get on to them for many months or even years, they are denied a chance to demonstrate to the Parole Board that they have reduced their risk and are now a good prospect for release on licence.

Legal aid is unavailable for appeals against findings of guilt for disciplinary offences in prison. If a prisoner is unfairly found guilty of a disciplinary offence and cannot access legal aid to appeal against the finding, it can adversely affect the likelihood of their progression to an open prison or being a good prospect for release. I therefore strongly support the commission’s recommendation that legal advice should be available for issues relating to prisoners’ progress, access to resettlement and unlawful treatment in prison.

Legal aid should also be available for representation for the families of prisoners who have died in custody. Frequently at inquests in these cases the Government fund legal representation for state agencies but not for the relatives of the deceased. The chief coroner wrote in his annual report for 2015-16:

“In some cases one or more agencies of the state such as the police, the prison service and ambulance service, may be separately represented. Individual agents of the state such as police officers or prison officers may also be separately represented in the same case. While all of these individuals and agencies may be legally represented with funding from the state, the state may provide no funding for representation for the family”.


Other noble Lords have highlighted—and will highlight—many areas in which the severe limitations on legal aid cause hardship and injustice to many deprived and disadvantaged members of society.

In conclusion, it is important that, in any review of the availability of legal aid, we include the impact on members of one group who are particularly vulnerable to injustice because they are detained behind prison walls.