My Lords, I rise to speak—briefly at this hour—to this group of amendments and declare my interest in the register, particularly as a trustee and vice-chair of the Prison Reform Trust.
I strongly support these amendments, which have been so effectively moved by the right reverend Prelate the Bishop of Gloucester. I support everything she said. It is essential that the courts fully take into account primary caring responsibilities, especially for a child, in their sentencing decisions and recognise the consequences of not doing so on the impact on the child and the family.
I will not repeat all the arguments that I made in Committee, but, as we have heard, the key document before the courts at sentencing is the pre-sentence
report. However, as the charity Women in Prison has pointed out in its supplementary evidence to the Justice Select Committee, the information from Her Majesty’s Prison and Probation Service shows a real decline in proper pre-sentence reports over the past decade. In 2010, for example, pre-sentence reports were available for 62% of all court disposals, reducing to only 53% in 2018. Almost half of the sentences that result in a custodial or community order have no new pre-sentence report prepared to inform the sentence. We have heard—and I support—the improvements that are being looked at in this area but that is the current situation and it must be urgently addressed.
Further, there is a lack of data to disaggregate those figures according to gender. In answer to a Parliamentary Question in 2019, the Government could not say how many women who are likely to be the primary carer had been imprisoned without a pre-sentence report. This remains totally unacceptable. Even where a pre-sentence report is available, it does not routinely provide information to the court about caring responsibilities. As I said in Committee, and it is worth repeating, in January 2021 I asked a Parliamentary Written Question about how many children in each of the past five years were taken into care because their mother was given a custodial sentence. Extraordinarily, the Answer was that the data requested was not something that Her Majesty’s Prison and Probation Service recorded. I am pleased to hear that it is now addressing that issue, but I again ask the Minister with what action and over what timescale will this matter be addressed.
Or course, prisons collect information on caring responsibility, but at the point of prison reception. That is simply too late. The damage to the child and the family has been done, especially for those sentenced to a short prison sentence. We can and must do better. The pre-sentence report must include information about primary care responsibility. Data from various sources must be brought together. They include: the local authority, which currently has responsibility for safeguarding children; the health service, because of the impact on the family and individual; and particularly liaison and diversion services. There must be agreed information-sharing protocols.
We must invest further in technology to ensure that information can flow seamlessly across the criminal justice pathway so that there are no barriers to the information being available to the judiciary in a timely way, ideally at first court appearance. Delaying getting that information can mean that the woman in the example I am giving is put on remand while that information is collected. Again, damage to the child and the family flows from that decision. We must try to reduce the number of people put on remand who have primary carer responsibilities. These amendments would underpin this ambition, and will be a significant step forward in limiting the damage, both social and economic, of imposing a custodial sentence—often a short one—which has the impact on the family, instead of administering a robust community sentence.
Ensuring a clear understanding of primary carer responsibilities will mitigate against the often-irreversible consequences for children of being taken into care, and the primary carer losing their home and employment.
I am sure that the Government can see the overriding benefits of this, and will, like me, support these amendments tonight.