I support Amendment 211, to which I have added my name. The case has been made very powerfully by the noble Lord, Lord Hodgson of Astley Abbotts. I am also supportive of the aims of Amendment 210, although that goes further by leaving less room for discretion—that may be a good thing, given the Scottish experience, which I will mention later—and I suspect would find even less favour with the Government.
I am struck by the strength of the case for change, from both the short-term perspective of the prisoner being released and the longer-term perspective of the likely impact on reoffending that we have heard about. Just last week, the Justice Secretary emphasised the importance of employment in reducing reoffending, and these amendments would help to support the initiatives to which he referred.
I ask the Minister to put himself in the shoes of a prisoner about to be released. Even the most organised of us would quail at the number of essential things they have to sort out: accommodation, health services, benefits and employment support. As an aside—although I know that the Minister will not be able to answer this question, I would be grateful if he could write to me—why does the law not permit prisoners to initiate their claim for universal credit before the actual release? Having a first UC payment available on the day of release would at least remove one obstacle, helping to create a much more effective resettlement process and, potentially, cut the rate of reoffending.
Returning to the matter at hand, I can only begin to imagine the mixture of relief and anxiety that prisoners must feel on release. To face this on a Friday, when
many key services will be closing for the weekend, must be experienced as a set of totally unnecessary hurdles to be negotiated. Is it surprising that, according to Nacro, whose briefing I am grateful for, the inability to surmount those hurdles can lead to reoffending and/or turning to the more accessible comforts of drugs or drink. In the words of one prison-leaver, “If you’re released on a Friday and there are issues then they are not likely to be resolved until the following Monday, leaving the weekend to panic/stew/worry which could easily lead to reoffending.” I would panic/stew/worry if I were in that situation, I really would.
It seemed to me that this was a no-brainer, and thus it was with some surprise and disappointment that I read the negative response from the Minister in Committee in the Commons to the same amendment as Amendment 211. It felt as though he was clutching at straws in his rejection of the case made, and contradictory straws at that. On the one hand, he suggested that the change proposed would create pressure on the other days of the week, ignoring the fact that this amendment is purely discretionary and that, apparently, a third of releases currently take place on Fridays. Surely, if it were acted upon, the amendment would help to even out releases over the course of the week.
On the other hand, much was made of the fact that, in Scotland, prison governors have rarely used this discretionary power, which they have. Can the Minister tell us whether we have any information as to why that is the case? It would be helpful to know so that appropriate steps can be taken. Whatever the reason, however, it is surely not a good cause for refusing to follow suit in England and Wales. Even if it helps only a few prisoners on release, surely helping even a small number is better than helping none at all. It would be good if the impact of the change could be monitored so that, if it is shown to have a beneficial effect, it might encourage governors to use the power more.
In the Commons, the Minister acknowledged that there are challenges in making sure that offenders leaving prison are given access to the services they need so that they can get their lives back on track, but he then said that the Government
“would prefer to focus our efforts on making sure that those services are available on Friday.”—[Official Report, Commons, 22/6/21; col. 706.]
He then spoke rather vaguely about investment in reducing crime and tackling the drivers of reoffending as well as pilot programmes in five probation areas. But what exactly are the Government doing to ensure that services are available on a Friday, and functioning in a way that ensures that an ex-prisoner’s needs are sorted out before the weekend? Why do Ministers think they know better than probation officers and others on the front line who have supported Nacro on this?
I do not understand why the Government are so averse to this very modest change. I had hoped that this was an amendment they might accept in some form and that, while the wording may not be quite right, the essence of the amendments put together would be acceptable. I still hope that the Minister might be more open-minded to it than was his counterpart in the Commons.
6.45 pm