Justice: Reform of Punishment, Rehabilitation, Sentencing and Legal Aid

My Lords, I would like to repeat a Statement made by my right honourable friend the Secretary of State for Justice following his Written Ministerial Statement laid in the other place earlier today: ““Last autumn, the Government launched two consultations on far reaching plans to reform punishment, rehabilitation and sentencing of offenders, and legal aid in England and Wales respectively. Today, I have laid before Parliament the Government’s responses to these consultations. I am also introducing the Legal Aid, Sentencing and Punishment of Offenders Bill to give effect to those measures we are taking forward that require primary legislation. Protecting the public from crime and punishing law-breakers are the most fundamental responsibilities of the state towards its citizens. But the sad truth is that—after 13 years of government, over 20 criminal justice Bills, more than 3,000 new criminal offences and an explosion in the prison population—Labour left the system in crisis. Most of our prisoners spend their time behind bars idling in their cells with ready access to drugs. A bigger scandal still is our reoffending rates, which are straightforwardly dreadful. Within a year of leaving jail, half of offenders will have been reconvicted of further offences. The same people cycle round the system endlessly, committing more crimes against more victims. The best way to reduce crime is to reduce reoffending, and that remains the central feature of our programme of radical reforms. Prisons must be places of both punishment and reform. Today, I can confirm that we plan to deliver a full working week across the prison estate. We will legislate to extend powers to use money earned by prisoners to support victims. We have never proposed that community sentences should replace prison sentences, but we will introduce tougher, properly enforced community punishments where offenders work longer hours, unpaid, at least four days a week. Drug abuse lies behind much, if not most, criminality in this country. It is not acceptable that drugs are readily available in prison. We are taking forward plans to reduce addiction across the prison estate, improving security and introducing drug-free wings in jails. We must tackle other root causes of criminality, particularly alcohol addiction, mental illness and lack of skills. But we will ensure that we put taxpayers’ money only into those rehabilitation programmes that actually work. Public confidence in the criminal justice system is unacceptably low. That is why we want to take forward plans for a new offence with a mandatory minimum prison sentence of six months for adults who use a knife to threaten and endanger. We will also consult on proposals to criminalise squatting, and will bring forward legislation to clarify the law on self-defence. In addition, I can confirm our intention to improve the use of remand and reduce the number of foreign national prisoners in our jails. Discounts for early guilty pleas have been part of the criminal justice system for decades, and for good reason. Personally, I was particularly impressed by the representations of the senior judiciary and other criminal justice experts who said that increasing the maximum discount on offer for an early guilty plea at the earliest possible stage might result in the sentence served being too short in some serious cases. I considered addressing that problem by introducing greater judicial discretion, but we could not make that work. We have therefore decided to retain the present system. The consultation also produced strong opposition to the indeterminate sentencing framework. This was introduced by the previous Government and sold as a way of protecting the public from a small number of the most dangerous offenders, but it has never worked as Parliament intended. It has created a flawed system where thousands of offenders have already served their normal sentence or tariff but no one can predict when or if they might ever be released. That is why, as the Prime Minister confirmed earlier today, we are reviewing indeterminate sentences of imprisonment for public protection, with a view to replacing them with a more sensible, tough system of long determinate sentences. This will see judges handing down life sentences in a greater number of very serious cases, including mandatory life sentences for the most serious repeat offenders. Serious sexual and violent offenders will spend at least two-thirds of their sentence in prison rather than being released halfway through. We intend to return to the best aspects of the system before IPPs were introduced. I turn to legal aid reform. We have much the most expensive system in the world, except for Northern Ireland, costing £39 per head of population compared with £8 per head in New Zealand, a country with a broadly similar legal system. The previous Government consulted on this subject more than 30 times since 2006 and still left us with the mess that we now have to tackle. In some cases, the system encourages people to bring issues before courts where other solutions might be better. In others, it enables people to pursue litigation that they would not contemplate were they paying for it from their own pockets. Following careful consideration of more than 5,000 responses, I am bringing forward proposals which I believe will ensure access to public funding in those cases that most require it, encourage early resolution of disputes instead of unnecessary conflict and ensure much better value for money for the taxpayer. I can announce that we will retain legal aid in cases where people’s life or liberty is at stake, where they are at risk of serious physical harm or immediate loss of their home, or where their children may be taken into care. In response to consultation, this will include strengthened provision for victims of domestic violence and for children at risk of abuse or abduction and the retention of legal aid for special educational needs cases. Legal aid will no longer be routinely available for most private family law cases, clinical negligence, employment, immigration, some debt and housing issues, some education cases and welfare benefits. It will also no longer be available for squatters resisting eviction. We have also decided not to abolish the current capital disregards for pensioners and for equity in the main home in assessing an applicant’s eligibility for legal aid. We will not introduce a £100 contribution from capital for those assessed as having £1,000 of disposable capital. What all this amounts to is a balanced and sensible package of reforms of the kind that the Government were determined to achieve when we published our proposals. Our plans mean a return to common sense in the justice system. On legal aid, the overall effect will be to achieve significant savings while protecting fundamental rights of access to justice; on sentencing, we will deliver punishment, protection and a renewed focus on breaking the cycle of crime and reoffending””. My Lords, that concludes the Statement.