We have committed more than £4 billion to deliver 18,000 additional prison places across the prison estate by the mid-2020s to support the Prime Minister’s commitment to crack down on crime. Those 18,000 prison places include the 10,000 places being made available through the construction of four new prisons, the expansion of a number of other prisons, refurbishment of the existing prison estate, and the completion of our ongoing prison builds at HMP Five Wells and Glen Parva.
Wymott bowling club has been based at HMP Wymott, near Ulnes Walton, for about 42 years. It is a fantastic part of the community, with a library in a portakabin because the old building associated with the prison estate had to be knocked down. It has some big ideas for a really good community resource, but it needs to know when the Ministry of Justice will finalise its plans. Can my hon. and learned Friend share when the community centre can have some certainty and get its exciting plans under way?
I am happy to do that. I really understand the value of community centres, and I am aware of the brilliant plans that Ms Kitching, the chair of Wymott bowling club, has for a new community centre. Work is under way to determine appropriate sites for other prisons, and we need to ensure that we do not release land we own that we might use in the future. We expect to make a decision on this in spring 2021. My hon. Friend will be pleased to know that my officials are planning to meet Ms Kitching in mid-December to discuss this matter in more detail, and I would be happy to keep my hon. Friend updated.
Ben Everitt [V]
Can my hon. and learned Friend confirm what types of offender will be prioritised for these new prison places and that the most dangerous criminals will be kept off our streets?
We anticipate that the additional places will deliver a mix of places based on population type and category, which will enable us to ensure that prisoners are kept in the right security category according to their risk assessment. In September, the Lord Chancellor published “A Smarter Approach to Sentencing”, which sets out our plans for a system that protects the public. These reforms will ensure that serious sexual and violent offenders and those who are dangerous are kept in prison for longer.
England and Wales already have the highest imprisonment rate in western Europe. Shocking figures released last week show that the prison population is going to explode from 79,000 to 100,000 by 2026. Overcrowded, understaffed and crumbling prisons can never be safe. In 2016, the Conservatives pledged 10,000 extra prison places by 2020, but they have only managed 200. They pledged another 10,000 last year, but the Ministry of Justice says that the business case has not yet been approved. Trust matters in politics. It is fatally damaged when pledges are missed and promises are broken. The Secretary of State said last week that he would provide 18,000 new prison places. Why should anyone believe him?
The right hon. Member mentioned the fact that we had overcrowding. I would like to point out that overcrowded accommodation has gone down since the Labour Government in 2004. He also mentioned the increase in the prison population. That is not something that has just occurred under this Government. Labour failed to reduce the prison population, which increased by nearly 25,000 between 1997 and 2010. We have already made significant progress on the development of two prisons, and we have made a commitment to build others. Those plans are well under way, and we will be delivering them.
Government and Parliament: Relationship with Courts
What plans he has to review the relationship between Government, Parliament and (a) the Supreme Court and (b) other courts; and if he will make a statement.
As set out in our manifesto, we are looking at the broader aspects of our constitution, including the relationship between the Government, Parliament and the courts. Our independent courts and legal system are respected around the world, and I would like to protect our world-class judiciary from being drawn into political matters. I am interested in reviewing the Constitutional Reform Act 2005, and I will update the House on arrangements in due course.
Court Cases: Backlog
Homophobia in Football
Covid-19 in Prisons
Youth Justice: Racial Disparity
Child Trust Funds: Children with Learning Disabilities
My right hon. and learned Friend will share with me—indeed, I suspect the whole House will share with me—the respect we have for our Supreme Court and its judgments. Nevertheless, it is called in from time to time to look at issues that are highly political and highly contentious. Does he not agree with me that we urgently need to establish some sort of framework so that we can decide precisely what the Supreme Court should be looking at and what issues are perhaps beyond or different from its remit?
I am grateful to my hon. Friend, and I understand the concern that he outlines. Of course, the Supreme Court does not of its own volition investigate matters. It hears cases and answers the questions before it on arguable points of law of general public importance. However, as I have already said, I think it is important that we look again at the balance. As a full-throated supporter of an institution that brings together the three jurisdictions of our United Kingdom, I want to make sure that its future is indeed a secure and a bright one.
The terms of reference for the Government’s review of the Human Rights Act 1998, which were announced yesterday, include the relationship between domestic courts and the European convention on human rights. But of course human rights themselves, as opposed to the Act, are not a reserved matter, and Scotland’s courts play an important role in supervising human rights protections under the Scotland Act 1998. So can the Lord Chancellor give me a cast-iron guarantee that the British Government are not planning to interfere with the competence of the Scottish Parliament in respect of human rights and the jurisdiction of Scotland’s separate legal system in enforcing human rights protections?
I am happy to assure the hon. and learned Lady that the terms of reference have been carefully couched to make it clear that we have distinctive contexts and natures in each of the jurisdictions, and that they will be considered where that is necessary. I am also content that where there are particular questions on devolved matters or of a devolved nature, the independent review will be approaching or inviting engagement from all appropriate parties. Of course, it is only the first stage in making recommendations. I can assure her that any proposals that will come forward will of course involve the fullest consultation with the devolved Administrations and, indeed, of course the fullest respect for the devolved settlement.
Can I welcome the tone of my right hon. and learned Friend’s statement and his very clear commitment to supporting the independence of the judiciary? That is an absolute and fundamental principle of our constitution, and should never be undermined by anyone. Can I also welcome the terms of reference of the review, which are balanced and measured in relation to the Human Rights Act and, in particular, the quality of the panel that has been appointed? I happen to have known Sir Peter Gross throughout my professional career, and he is known as both a man and a judge of the highest independence and integrity, as are the other members of the panel. Perhaps my right hon. and learned Friend can reassure us that they will have a completely free hand to act as they think is appropriate within the terms of reference, without any pressure on their independence from any quarter.
My hon. Friend the Chair of the Justice Committee is absolutely right to highlight the impeccable credentials of the chair, Sir Peter Gross, not only as a distinguished former Lord Justice of Appeal, but of course as the judge responsible for international relations: he understands very well the issue of judicial diplomacy, which is very much at the heart of this review. I am glad that the geographical representation also includes an academic from the Republic of Ireland, because it is my fundamental belief that we need to look at the position in all parts of our islands to respect not only the human rights settlement, but the Belfast agreement.
The independent review of the Human Rights Act will have an enormous impact on the basic rights and freedoms that British citizens enjoy. The Government caused outrage by failing to publish submissions to the independent review of administrative law. Transparency and accountability are fundamental parts of our democracy. Will the Secretary of State guarantee that both the submissions to the human rights review and the review itself will be published in full?