- Before we come to the statement, I want to make the point that it is not acceptable for either the Opposition or me to get a copy of a statement at 12.59 pm. I have to say that this is not the first time, and it seems to be a continual problem for the Government in that somehow they do not like to be held accountable. Not providing a statement in advance means that the Opposition cannot take the measures that are needed to hold the Government accountable. It is not acceptable, and I say to the Whips and those on the Front Bench that you should get your act together, because you cannot carry on taking the House for granted in this manner. It will not happen, and it is time Ministers were more accountable.
- 1:07 pm
- Thank you, Mr Speaker. May I open with a sincere apology for what you have just referred to? With the way timings have worked out today, we got this wrong, and I apologise for it. I assure you and the Opposition that it was not deliberate. I appreciate that that does not help with the practicalities of this, but I want to assure you and the Opposition that this was not a deliberate move on our part.The first responsibility of Government is to keep people safe. That means taking dangerous criminals off the streets, and to do that we must always ensure that we have sufficient prison places available to serve the courts. This Government have been decisive in our tough approach to crime. We are well on our way to the recruitment of 20,000 additional police officers. We have legislated to introduce tougher sentences for the most serious crimes, with rape prosecutions having increased by 3% between the year ending June 2021 and now, and by 49% since 2019, and we are committed to driving down the backlog of outstanding court cases following the pandemic.We have long anticipated the prison population rising as a result of those measures, and that is why we are delivering the largest prison building programme since the Victorian era, with 20,000 additional places. We have already created over 3,100 of them, including the recent change of use of His Majesty’s Prison Morton Hall and our brand-new prison, HMP Five Wells. A further 1,700 places are due to come online with occupation in tranches from next spring with the opening of HMP Fosse Way. This is in addition to the thousands of further places that will become available through additional house blocks—for example at HMP Stocken, which is due to finish construction next year—and major refurbishment programmes across the existing estate. Just a few weeks ago, I attended a ground breaking ceremony at the site beside HMP Full Sutton in Yorkshire, where we have started construction for the next new prison, which will hold 1,500 category C prisoners when it opens in 2025.
- 1:12 pm
- It was disappointing to have only five minutes’ advance notice of the statement today.This is yet another crisis created by this shambolic Tory Government, and it is hard to think of a more damning indictment of their failure on law and order than the fact that they have now run out of cells in which to lock up criminals. That is hardly surprising when, under the Tories, 10,000 prison places have been lost. Not only that, but 663 police stations have closed. Who knows how long it will be until this contingency plan needs a contingency plan all of its own?While we find ourselves with not enough cells, in response to a recent parliamentary question we discovered that over the past five years the Tories have spent more than £1 million on maintaining closed prisons—more evidence that we can no longer afford the cost of the Conservatives. Our prisons are already failing in so many areas—almost every inspectorate report tells us that. Just last week Exeter prison was given an urgent notification, with crumbling estates, dangerous staff shortages, prisoner on prisoner violence, and rehabilitation all but non-existent. Ultimately, the public pay the price and they are being kept less safe.But that is just part of the story of this Government letting the public down, with burglars and rapists being left to roam our streets, criminals let off, and victims let down. Our communities are now less safe and secure, and people across the country are scared. Women are tired of walking down the street at night with keys between their hands. Pensioners are tired of their homes being broken into. Hard-working people are tired of being hit with fraud.It did not have to come to this. This prisons crisis is a crisis made in Downing Street, and the result of 12 years of Tory failure. This has not happened because more criminals are being caught, because the opposite is true. Prosecution rates for crimes as serious as rape, burglary and robbery are at historic lows. The justice system stands on the brink of collapse, with 20,000 fewer police, 10,000 prison cells shut and 250 courts closed. Victims are told that there are no police when they dial 999, and then they wait years to get justice, if it comes at all.
- The Government make no apologies for all we are doing to keep dangerous criminals off the street, and I make no apologies for the programme to recruit 20,000 more police officers, or for tougher sentences for the most serious crimes. It is good to report that reoffending rates are down, although of course there is further to go. It is good that prosecutions are up by 7% over the last year, and convictions up by 10%, but still, as ever, there is further to go. Our No.1 priority, as the public rightly expect, is to keep our country safe.At no point in the past five years have fewer than 1,000 cells been available across the entire prison estate, so we have not run out of prison places. This statement does not reflect a failure to plan ahead. We have absolutely been planning ahead, and we have stuck to our expansion programme and brought forward capital works. There has been a highly unusual acute short-term surge, with increases of more than 700, and more than 800 in the last two months. This is the first time ever that we have seen that sort of increase for two consecutive months. We have a number of capacity increase options, but they are not available in that short a timeframe.Using the established protocol with the police allows us to manage the surge while continuing to deliver that ambitious expansion. I say it is an established protocol, and the hon. Lady will recognise Operation Safeguard because it was used extensively by the previous Government before 2010. It was last used in October to December 2006, and again between January 2007 and October 2008. On this occasion we are enacting a temporary use of Operation Safeguard to manage short-term pressures, precisely to ensure that we do not run out of places. Meanwhile we are investing record amounts in prison maintenance to ensure that prisons remain safe and decent while complying with modern fire safety standards. We continue with our expansion by 20,000 places, which is the biggest growth since Victorian times.
- I call the Chair of the Justice Committee.
- The Minister is right, of course, to take this urgent action, and to say that this is not the first time it has had to be done. Does he recognise that two factors are at play here? One is the underlying upward trend in prisoner numbers over the past couple of decades. Those numbers have risen exponentially, and perhaps there is a case for us to look again at whether it is appropriate to be holding non-violent offenders in custody, as opposed to the dangerous people who we do need to lock up. Secondly, the Minister refers to the levels of investment in maintenance, but as he will know, the Justice Committee has more than once pointed out that even with increased spending on maintenance, there is still a significant backlog and shortfall in the maintenance budget. Many prison cells are therefore out of commission and not usable, when they ought to be brought back into use. What is being done to accelerate the maintenance programme to get more cells back into use?
- I thank the Chair of the Select Committee for those important questions and points. He is right that the prison population has been growing of late, although it is not at its highest level ever. Part of that is because of tougher sentences for the worst offences, which I think is right and what the public expect and want. For other types of crime, it is important that we utilise alternatives to custodial sentences—for instance, drug desistance and advanced tagging, which is much improved—which can, on occasion, be better for getting certain individuals back on the straight and narrow.My hon. Friend also rightly asked about maintenance, and accelerated maintenance. In fact, that is precisely what we have done. Two and a half times as many cells are currently undergoing capital works than would ordinarily be the case, precisely because we have brought forward some capital work to improve the estate. We are indeed planning for the future.
- I thank the Minister for his statement. I ask him to look at Durham police’s model—and I will add that, even with the uplift, Durham constabulary will still have 100 fewer officers than in 2010. The checkpoint scheme was launched by the late Ron Hogg when he was police and crime commissioner, and a University of Cambridge study found that, of the 2,660 offenders who went through it, only 6% reoffended, saving the taxpayer more than £2 million. I suggest that, for low-risk offenders, that is better than just putting them into prison. It has the academic work behind it that proves that it works. It needs now to be expanded elsewhere. I would welcome his coming to Durham to look at the scheme.
- I will be honest: I was not familiar with that particular scheme. I imagine that, in the right hon. Gentleman’s usual fashion, he will ensure that I am fully versed in it by the time I am next at the Dispatch Box. I look forward to learning more.
- The recent sudden growth in the adult male custodial population started during my brief tenure in the Ministry of Justice. I know that the excellent staff in HMPPS immediately began planning, and I think that the measures announced today show rightly the preparations that have been undertaken to cater for that future upsurge. Of course, it is essential that we ensure that our prisons can accommodate those whom the courts send to custody. Does my right hon. Friend agree that it is vital that we continue to build the capacity that will be needed now and into the future?
- I commend my hon. Friend and thank him for everything that he did while he was prisons Minister at the Ministry of Justice, where he is much missed. He is right to identify both the short-term and long-term programmes that are needed, and I agree with him entirely about the value of long-term planning.
- Way too many people who are seriously mentally unwell are still being held in prison. I know that Government guidance is that they should be moved to secure hospitals when they have been assessed as needing hospital treatment within 28 days, but that is simply not happening, so they are getting more ill, which is possibly putting their lives at risk, and that makes prisons far harder to govern. Will the Minister assure me that those people will not be among those being held in the 400 police cells and that we can accelerate the transfer out of prison of people who need to be in hospital?
- The hon. Lady made two important points. First, there is quite rightly screening and prioritisation to do with individual characteristics, including individual risks, when considering where people will go and who might be in the relatively small group of people going to a police cell. Of course, there is prioritisation, with those with underlying mental health issues or perhaps at risk of self-harm going straight to prison. On transfer from prison to secure hospital and the 28-day guidance, as she will know, that will become a statutory right subject to reform of the Mental Health Act 1983 passing through its stages in the House, which is important.
- Does my right hon. Friend agree that one measure that could be taken to release capacity in the prison estate is to follow the recommendations of the Justice Committee report on imprisonment for public protection prisoners and resentence the 3,000 such prisoners who have been imprisoned for an inordinate length of time and deserve to have their fates decided in a different way, rather than remaining in prison, perhaps indefinitely?
- As ever, I thank the Select Committee that covers the Department for its work, including on that report. As my hon. Friend knows, a response to that particular report will be coming, and I ought not to cut across that process.