Arrests and Prison Capacity

12.39 pm

(Urgent Question): To ask the Home Secretary to make a statement on the impact on public safety of the request to chief constables to reduce arrests in response to the prison capacity crisis.

I am delighted to have the opportunity to talk about public safety, about the record number of police officers in this country—3,000 more than under the last Labour Government—and about the fact that according to the crime survey there is less than half the crime today than there was under the last Labour Government. There were 620 homicides in the last year of the last Labour Government, compared with 577 in the last year. I am delighted to talk about all those excellent criminal justice results.

I believe this urgent question was prompted by a letter circulated about a week ago by Chief Constable Rob Nixon in his capacity as criminal justice lead for the National Police Chiefs’ Council, in which he referred to short-term prison place pressures over a period of eight days expiring tomorrow. I have spoken to Chief Constable Rob Nixon in the last half an hour and he has confirmed to me that the contingencies referred to in the letter were not required. He said the contingencies were not required because the prison place situation in practice did not merit it; he said there have been no delays to arrests that he is aware of; and he has said that while a small number of people were conveyed to court in police cars and there was a small number of delays to arrival at court, no one who should have got to court did not do so. I am delighted to confirm to the House that the contingencies referenced in the letter did not materialise, and that the short-term fluctuation referenced in the letter will be over tomorrow.

I have to say that the Minister’s response is shocking: telling people they have never had it so good when faced with this crisis in the criminal justice system shows just how out of touch he is. The state of crisis in the criminal justice system after 14 years of Conservative Government is now so dire that police chiefs were asked to arrest fewer people because the system could not cope. At the Operation Safeguard silver update they were asked to consider pausing any planned operations where large numbers of arrests might take place to ease the pressure within the criminal justice system—because this Tory Government, in power for 14 years, had so catastrophically failed to manage the criminal justice system or build the basic prison places promised.

Last week alone there were 280 prisoners in police cells overnight; we have got early release, massively expanded, starting tomorrow, including for domestic abusers; and now this serious impact on public safety of Operation Early Dawn telling the prisoner escort service not to collect prisoners from police stations to take them to court because there are not enough places, with police forces having to pick up the pieces instead. The NPCC said in its letter in the strongest terms that that is unsustainable and that it risks public safety.

Will the Minister tell us what assessment he did when these letters went out, and when the crisis reached this point, of the scale of the challenge? Who, in these circumstances, does he think it is acceptable not to send to court because of his Government’s abject failure on law and order? Violent criminals? Domestic abusers? Repeat shoplifters? And which big operations involving lots of arrests does he think should be paused in these situations? Crackdowns on drugs rings or grooming gangs? Swoops on people smugglers? And when should they be paused until?

Where is the Government plan? Arrests have already halved since the Tories came to power, and charge rates have already dropped through the floor. The legacy of 14 years of Tory government on law and order is more criminals let off, more victims let down. Britain deserves better.

The right hon. Lady likes to pontificate in an animated fashion, but the fact is that, according to the crime survey, crime has halved since the Government of which she was a part left office. She feigns indignation about the early custody release scheme, but she forgot to mention that, under the last Labour Government, it ran for three years and saw 80,000 people released early.

The right hon. Lady referenced the letter from last week. I have a message here from Chief Constable Rob Nixon, sent to me about 45 minutes ago, updating me on the actual situation, so let me just read out to the House what it says. The National Police Chiefs’ Council criminal justice lead said: “There have been no delays to arrests.” He said there have been some minor delays in getting people to court, but everyone who needed to got there. A small number were conveyed by police, but there was limited operational impact. He says: “There has been no compromise to public safety, and the contingency of delaying arrests was not activated as it was not necessary.” That is from the National Police Chiefs’ Council, sent 45 minutes ago. Those are the facts, and I suggest the right hon. Lady sticks to them. [Interruption.]

I call Sir Robert Neill, and I hope there will be more calm.

Does my right hon. Friend agree that this important debate, which touches upon not only public safety but the whole way in which our justice system operates, is best dealt with in a calm fashion? It is perfectly reasonable to adopt contingency measures, which we hope are often not needed, but the most important thing is to ensure that all parties in this House commit to a consistent and sustained investment in all aspects of the criminal justice system, because we cannot decouple policing from the courts, prisons and the whole of the process. That is the sensible debate that the country needs to have.

My hon. and learned Friend, as always, puts it very well. He is quite right that investment is important. That is why there are record numbers of police officers. It is why 20,000 prison places are in the course of being constructed, 5,900 of which are currently operational and 10,000 of which will be operational by the end of next year. It is why more money is being put into the Crown Prosecution Service. It is why my right hon. and learned Friend the Lord Chancellor, who is here on the Front Bench, is ensuring that legal aid is properly resourced, as is the criminal Bar. Those are all extremely important initiatives to ensure that the public are protected. The ultimate measure of public protection, of course, is the overall level of criminality, which, as I have said once or twice before, has halved since the Labour party left office.

I call the Chair of the Home Affairs Committee.

Obviously, public safety is paramount in all of this, and I do want to say to the Minister that the fact that contingency plans were being drawn up is itself worrying. I accept what the Chair of the Justice Committee, the hon. and learned Member for Bromley and Chislehurst (Sir Robert Neill), says about this being a sensible step to take, but it is indeed very worrying that we have to have contingencies in place. If in the future these contingency plans are activated, what happens if the police decide not to prioritise an arrest and in the meantime that person goes on to harm someone? I am thinking of non-contact sexual offences and, in particular, retail crime, which the Home Affairs Committee has been looking at recently.

The right hon. Lady is right to say that arrests of offenders of the kinds she describes are extremely important, and at no point would I ever expect, even in the contingency outlined—in fact, it never came to pass, as I have set out—that offenders of the kinds she references would not continue to be arrested. That is critically important. The ECSL 70 measure—end of custody supervised licence for up to 70 days—which comes into effect tomorrow, is designed to ensure that such scenarios never come about, because as Policing Minister I want to make sure that we never see the situation she describes.

Will my right hon. Friend accept that the action by the leader of the National Police Chiefs’ Council is against the separation of powers principles? We make the law in this House, and we expect it to be implemented and administered without fear or favour. What seems to be happening is that unelected chiefs, such as the NPCC leader, are interfering with the administration of justice. Does my right hon. Friend agree that things would be a lot better if the Criminal Justice Board had not failed to meet for two years, which is apparently what has happened? Will he accept that we need to start putting things right? The Times today describes it as a failure of administration.

I am happy to confirm that the Criminal Justice Board, chaired by my right hon. and learned Friend the Lord Chancellor, meets very frequently. Indeed, I attended its most recent meeting just three or four weeks ago—with the Lord Chancellor, other Ministers, police leads, senior members of the judiciary and the Crown Prosecution Service, and many others—so I can categorically confirm that it does exist and it meets regularly.

On my hon. Friend’s question about the police, the police are rightly operationally independent. It is not for Ministers to direct how they discharge their duties; they discharge their duties appropriately with their professional standards and professional judgment, and we support them in doing so. Operational independence for the police is important, as I am sure everyone on both sides of the House respects.

It is obvious from the Minister’s demeanour that he does not like to be called to account, but he should reflect on the fact that the mere fact such a letter was written, and in the circumstances in which it was written, is a cause for concern, which he should be taking seriously. It is symptomatic of a wider malaise in the English and Welsh criminal justice system. Last year, 215,933 burglaries went unsolved across England and Wales—an average of 592 a day. Is that not something the Minister should be addressing, rather than getting a little bit worked up with the shadow Home Secretary?

I may have got worked up, because the allegations being made were, in my view, unfounded and unsupported by the facts. I was simply trying to put across the facts—both the numbers and also the quotes from the relevant policing lead—which flatly contradicted the dystopian picture that the shadow Home Secretary, characteristically, was seeking to paint. To answer the right hon. Gentleman’s question, we of course take such matters seriously. The Lord Chancellor is working night and day to increase prison capacity, both by building new prisons expeditiously and by pulling every lever at his disposal to build more capacity within the existing estate. The prisons are pretty full because the police have done a good job at identifying, catching and incarcerating dangerous criminals. A thoughtful approach, of the kind called for by the Chair of the Justice Committee, my hon. and learned Friend the Member for Bromley and Chislehurst (Sir Robert Neill), has been taken. That is why, with the implementation of the end of custody supervised licence tomorrow, the issues and contingencies provided for in the letter of last week will no longer be required. It was an eight-day period and, thankfully, those contingencies were not in fact required.

It is reassuring to hear from the Minister that the contingencies were not required, but also interesting to see that the letter was actually issued. Given his reactions here today to that, what process has he put in place to ensure that he is consulted before any such instructions or suggestions are issued?

As a former Home Office Minister, my hon. Friend has a great deal of experience in this area. The police are operationally independent, but we liaise closely with them and the National Police Chiefs’ Council. I have regular discussions with Gavin Stephens, who chairs the NPCC, and, in relation to this matter, with Chief Constable Rob Nixon, who is the criminal justice lead, and with Deputy Chief Constable Nev Kemp of Surrey, who is the lead for custody. I will take this opportunity to place on the record my thanks to police up and down the country for their careful management over the past seven days, which has ensured that our fellow citizens have been kept safe.

North Yorkshire and West Yorkshire police have just arrested 62 people in a county lines operation. They seized swords, a machete and a crossbow, and took 3 kg of cannabis, crack cocaine and heroin off the streets, alongside the misery and violence that characterises county lines gangs. I am so grateful to them for that work, but are the Government suggesting that they should have allowed it to continue until further notice under these contingency plans, all because the Government have so mismanaged the criminal justice system and the collapse in prison places?

First, prison places have not collapsed; I think there are more prison places now than in the recent past. I congratulate North Yorkshire and West Yorkshire police on that operation, which the hon. Lady said led to 62 arrests of dangerous criminals. As I have said, none of the contingencies referenced were activated, and there was never any question of dangerous criminals of that kind not being arrested. That is exactly the kind of operation we like to see. I am speaking from memory, but I think we have closed down something like 6,000 county lines in the past four years. I am delighted to see such operations successfully putting dangerous criminals where they belong: behind bars.