Early Removal of Fixed-Term Prisoners (Amendment of Eligibility Period) Order 2008

My Lords, I thank both noble Lords and the noble Baroness, Lady Howe, for their general support for the proposals in the statutory instruments. The noble Lord, Lord Henley, was rather feisty in his remarks. I say at once that the provisions will have a positive impact on prison population. I do not have all the figures that noble Lords have requested today but I will give the ones that I have and see if I can obtain any more. If so, I will write to noble Lords. However, the provisions will have a positive impact on prison population. I do not think that I ought to apologise for that. As for the principle of foreign national prisoners, where it is considered safe and risk assessments take place, it is appropriate to do this. The scheme is worthy in its own right. We have already made it clear as a general principle that foreign national prisoners should face deportation where they meet the relevant criteria. We therefore believe that the proposals are consistent with government policy. There is no question but that the prison-population situation is serious. As the noble Lord will know, however, we have published the Carter proposals and we have a programme to make an impact on the numbers of prisoners in our prison population and to increase the provision of places over the next few years. These orders will make a positive impact as well. The statistics on the number of foreign national prisoners removed early under the scheme are as follows. In calendar year 2007, 1,054 persons were removed. As for the impact on the prison population, we project a saving of approximately 235 places. I should say that this is not an exact science but based on the places that were saved from the original scheme. Nevertheless that is a significant number in terms of our current prison population. I say to the noble Lord, Lord Avebury, that according to my information the number of time-served foreign national prisoners in prison stood at 389 as at 25 March. That is pretty up-to-date. Obviously, one could talk more generally about some of the challenges in documentation where appeals are being heard. One of the questions that has always arisen about the operation of the scheme is how early advance notice from the prison authorities to the BIA is and when documentation can start to be prepared. There has been case law that means that the process cannot be started too early because an actual decision has to be made on the basis of the facts at the time. However, there is no doubt that there is improved collaboration between the Prison Service and the BIA. We are seeing these improvements coming through. In Committee on the Criminal Justice and Immigration Bill we debated the protocol between the Prison Service and the BIA. While there are still major challenges in this area, there are significant signs of improvement. I agree with the noble Lord, Lord Avebury, that, in terms of the guidance given to governors, they do an extraordinary job under extreme pressure. Anyone who has visited prisons recently and has seen the population pressures they are under can only admire their work. I have no doubt whatever that the quality of the governors and people working in prisons has improved immeasurably over the past few years. We owe them a great debt. I am afraid that I do not have the gender differential figures—in other words, the number of women—for the noble Baroness, Lady Howe. I will find out, if I can, and let her know. All are entitled to legal representation. On how many it can apply to, it is difficult to give a fixed figure. That is also why I cannot give an absolute estimate of the reduction in prison population that will take place as a result. The point is that any foreign national prisoner liable for deportation or removal is eligible for the scheme. However, there is of course a great difference between the number eligible and the number it would affect.