It is a pleasure to serve under your chairmanship, Mr Mundell.
The Minister’s remarks were to be expected; they are in keeping with the trend across Government of defending decision after decision taken by them by reference to the Conservatives’ record and actions in office. That is the nature of politics, and I imagine it will continue for some time, but I am certainly not going to write any blank cheque to the Minister and the Government, nor abdicate our duty to hold them responsible and accountable for whatever they might say about their inheritance. It is our role to deliver scrutiny—of not just the overall outcome they are seeking but how they are going about it.
Although the Government’s intent to address prison capacity pressures is clear, we must critically assess: whether these measures have been properly considered; that we can expect them to be delivered competently; and that, when looked at in detail, they match up to the Government’s pledges. Our prison system faces unprecedented strain, and all the evidence suggests that that strain has become the challenge we see today primarily because of covid. If the remand population that has spiked directly because of covid were at historical levels, we would not be here; we have been left with 7,000 more people in our prisons, compared to the historical average. Members will know that this sum is greater than the numbers that the Government have released and will be going on to release to reduce the steady-state prison population.
The previous Labour Government, like this one, sought ways to manage the challenge, including through use of the end of custody licence scheme—a scheme that, as they have criticised it, Government Members should be aware was actually created by the last Labour Government. The previous Government also had a plan to change legislation to allow us to accommodate prisoners overseas and to discourage use of shorter sentences. This Government have, of course, decided to take their own measures, beginning, as we have heard, with the SDS40 scheme, and now they proposes to extend home detention curfew eligibility from 180 to 365 days.
We are told that both measures are short-term, that the impact of the steps has been fully understood and that there should be some acceptance that the Government will deliver the mechanisms effectively. Let me begin with the proposition that these are short-term measures, or, as the Minister likes to call them, “urgent”. I make the same point I made to the Lord Chancellor in the Chamber on SDS40. If these measures are expected to be short-term, why have they not been sunsetted? If the Minister is confident that they are only short-term, he should make them short-term in the legislation.
The Government have not even gone so far as to tell us the threshold for when they will review possible withdrawal. To be fair to the last Labour Government, even they did that. When they introduced the end of custody licence scheme, they set a prison capacity target—a fixed figure—at which they would review its use, and that is what happened. This Government have not even done that. As is so often the case, the devil is in the detail, or to be more precise in this instance, in the impact assessment. Why, if this is a short-term measure, is the period measuring its benefit over 10 years? It is there in black and white on page 7 of the impact assessment. The Government cannot expect the Opposition to support measures that they say are short-term when all the evidence suggests that they are not.
Next, I turn to the question of whether we have the necessary assurance that the Government have properly considered the impact of their policy. I am afraid, again, that the Minister and Committee members will need to reflect on the Government’s own impact assessment to assist them with this. Page 4 helpfully lays out those who will be affected by the policy. Quite rightly, paragraph 13 lays out that
“Victims of those released from custody”
should be included in this group. I am sure that everyone here can agree that female victims of male violence, and people who have been burgled or mugged, are impacted when they see the perpetrator walk away from prison early.
Paragraph 56, on page 10, summarises the impact assessment, stating:
“We have taken into account the potential impact of the earlier release of some offenders on the public and, particularly, victims of the offenders released.”
I am afraid that the Minister will need to help me here. Forgive me, but where exactly between pages 4 and 10 have the Government done that? Extraordinarily, the document talks about how much better it will be for the perpetrators and their families to be reunited, but what about victims and their families? Besides a cursory mention of notifying them that this will be happening and of the impact on them, it says absolutely nothing.
Finally, we come to effective delivery. Where might we look to make an assessment of that? Of course, we did not look any further than this legislation, because as well as expanding the HDC scheme, as the Minister has said, today’s legislation is also correcting errors in the SDS40 scheme. This amendment rightly excludes six additional offences that were missing from the SDS40 scheme, ensuring that those convicted serve at least half their sentence. How did the Government initially overlook offences such as breaching restraining orders, sexual harm prevention orders and serious harassment? Those are not minor offences; they carry significant harm, particularly for victims.