My Lords, as has already been said, this order implements a commitment made by the Prime Minister in the summer of 2019. That commitment was made as part of a review, conducted not after a public consultation—which might have been expected on an issue with such major implications—but merely as an internal Ministry of Justice exercise.
The Secondary Legislation Scrutiny Committee, in its report of 30 October 2019, drew the House’s attention to the fact that the order represents
“one piece of a large and complicated jigsaw.”
Among the other pieces are: the announced sentencing Bill, to be preceded by a White Paper on sentencing more generally; the programme to build 10,000 additional prison places, announced in 2016 and repeated by the Prime Minister in 2019; the announced recruitment of 20,000 more police officers; and the royal commission on improving the efficiency and effectiveness of criminal justice system processes, announced in the 2019 Queen’s Speech. The Secondary Legislation Scrutiny Committee suggested that this House may wish to ask the Minister—which I now do—for more information about how all these pieces fit together.
Last week, the Ministry of Justice released the horrifying statistic that 58% of UK prisons—68 in total —were overcrowded, nine of them by more than 50%. This is not a situation that is likely to be rectified quickly yet, by this order, the Government are knowingly adding another 2,000 prisoners. The Chief Inspector of Prisons is continually drawing attention to the lack of purposeful activity in prison and the number of prisoners who spend all day locked up in their cell doing nothing. One factor leading to this situation is the lack of staff, not least because the Government wilfully dispensed with 80,000 years of operational experience. It is all very well to talk of recruiting additional numbers, but in addition to being inadequately trained, inevitably new recruits are inexperienced and, being frequently subject to horrifying assaults, too many are leaving early.
Frequently in this House I have commented on the poor quality of impact assessments. The one accompanying this order is no exception to that stricture, because only two options are examined: take it or leave it. However, there is what I might describe as a common-sense third option: I urge the Minister to defer until the issue can be properly examined in the context of the “large and complicated jigsaw”.
I have already mentioned the lack of any public consultation about what should be, to quote Erskine May’s definition of the affirmative procedure,
“a substantial and important piece of delegated legislation”.
There has been only an internal review at the Ministry of Justice. The wide implications of the issue, and my suspicion that the proposal results from a confusion about what should be done with terrorist prisoners—highlighted by the tragic events at the Fishmongers’ Hall—reinforce my plea for implementation of the order to be deferred until it has been considered in the context of all related and relevant issues.