Commons Sense

House of Commons · Ministerial Statement

Prisons and Probation: Foreign National Offenders

12 March 2024 · 14 other contributors

Opened by Alex Chalk Con Cheltenham

Justice & Courts

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Alex Chalk raised concerns about prisons and probation: foreign national offenders in the House of Commons. A government minister responded. Other MPs also contributed.

Key points

  • The Minister of State for Crime, Policing and Courts announced measures to enhance public safety through criminal justice reforms in England and Wales.
  • Crime has decreased by 50% since 2010, including reductions in violence and burglary.
  • Reoffending rates have dropped from 31% to 25%.

How the debate unfolded

MPs spoke in turn to share their views and ask questions. Here's what each person said.

Government Statement

Alex Chalk

The Minister of State for Crime, Policing and Courts announced significant measures to enhance public safety through criminal justice reforms in England and Wales. He highlighted a substantial reduction in crime since 2010, including a 50% decrease in violence and burglary offences. The reoffending rate has also dropped from 31% to 25%. Key strategies include tagging acquisitive offenders post-release, increasing police powers like stop and search, lengthening sentences for serious crimes by 40%, and ending automatic release at the halfway point for violent criminals. He mentioned legislative changes ensuring rapists serve their full term. The statement also covered expanding prison capacity with a target of delivering 10,000 new places by 2025 and committing to build up to 20,000 places overall. A focus was placed on foreign national offenders (FNOs), noting an increase in their numbers to around 12% of the prison population. The Minister outlined steps taken to deport FNOs and proposed further measures such as extending early removal schemes and signing new agreements with partner countries for prisoner transfers. He addressed concerns about pre-trial detention, pledging £75 million additional funding for bail services and community accommodation. Probation services were set to be reoriented towards public protection, focusing on early engagement post-release and prioritising supervision of serious offenders. The Minister concluded by expressing gratitude to all those working in the criminal justice system.

Other contributors (14)
  • Andy McDonald Lab Middlesbrough

    Question

    He asked whether it is not true that an earlier announcement of early prisoner release was made under cover of darkness last night to avoid public and parliamentary scrutiny. He highlighted the concern that releasing prisoners up to two months before their sentences end could undermine the criminal justice system's integrity.

    Minister reply

    The Minister responded by stating that the scheme has been implemented in a targeted manner, only for specific areas and only for a limited period. He clarified that it was not intended as a long-term solution but rather a temporary operational measure to relieve immediate pressure on prison capacity.

  • Paul Maynard Con Blackpool North and Cleveleys

    Question

    He questioned the effectiveness of current deportation processes for foreign national offenders, asking if there were any delays or issues that prevented swift deportations.

    Minister reply

    The Minister explained that while progress has been made in removing FNOs from the UK, more work is needed to streamline the process and remove barriers. He announced new measures including expanding taskforces, increasing caseworkers, and amending deportation policies to ensure quicker removal of eligible offenders.

  • Sara Britcliffe Lab Middlesbrough South and East Cleveland

    Question

    She inquired about the support provided for victims affected by early prisoner releases and whether there were plans to address their concerns.

    Minister reply

    The Minister assured that the government is committed to protecting public safety and addressing victim concerns. He stated that additional resources are being allocated to support probation services, ensuring they can adequately assess risks and supervise offenders post-release.

  • Shabana Mahmood Lab Birmingham Ladywood

    Question

    I am grateful to the Secretary of State for advance sight of his statement. Late in the hours of yesterday evening, the Government tried to slip out quietly an announcement that they will be releasing prisoners up to two months early to deal with the lack of space in our prisons... This measure will cause shockwaves and deep concern across our country and he seems to think that a quiet written ministerial statement published late last night and one paragraph today is good enough. It is not... He said that the scheme was to be a temporary operational measure to relieve immediate pressure... Last month we learned from a leak to the media that the scheme had been expanded to more prisons and, according to unpublished guidance to prison governors, activated for an “undefined period”... What measures have been put in place to ensure that probation has the time and the resources to assess risk adequately and protect the public? Has there been a risk assessment of the expansion? If so, will he publish it? How will the Government ensure that inexperienced probation staff are not left unsupported to supervise dangerous offenders?

    Minister reply

    I thank the hon. Lady for her points. She addressed a number of issues, but not the fact that when Labour were in government, it ran a similar scheme for three years... We need to be clear about what that means. Under Labour’s scheme, which ran for three years, there were no licence conditions at all. Under our scheme there will be licence conditions... If the hon. Lady could just listen for a moment. Those concerns will be escalated to a panel of senior officials, who will make a decision based on the offender’s history, the proposed bail address and the conditions that could be imposed—not to contact, not to enter, to abide by a curfew or potentially to be tagged. If the governor has concerns about safety, that person will not be released.

  • Bob Neill

    Question

    I commend the Secretary of State for his characteristically thoughtful and measured approach... The truth is that dealing with prison capacity, where everyone has recognised for many years that there are real pressures, demands a careful set of checks and balances. Does my right hon. and learned Friend agree that those are in place? Does he also agree that we need to be honest with the public in saying that, however much we try, prison places are expensive and finite. Therefore, the system must make judicious and intelligent use of prison, which includes locking up those who are dangerous and having alternative ways of dealing with and punishing those who are not dangerous to the community. Is that not the objective?

    Minister reply

    My hon. Friend makes an exceptional point... Where people can be reformed using technology, which was not available a long time ago, we should use that, not just because that works as a matter of common sense but because the data shows that it works... The key is whether to deal with that in a sensible, calibrated and proportionate way. We will take every step to look after the safety of the public, and we will not score political points in the process.

  • Andrew Slaughter Lab Hammersmith and Chiswick

    Question

    The hon. Gentleman visited Wormwood Scrubs, where he found doubling up in single cells, unshielded toilets, poor education service, low food budgets of £2.70 a day, and underreporting of assaults on prison officers. What is the Lord Chancellor doing to improve conditions in Victorian prisons?

    Minister reply

    The Minister commended the hon. Gentleman for visiting his local prison and acknowledged the issues raised. He stated that they are ensuring prison officers are paid properly, rolling out body-worn video, reducing attrition, and providing experienced officers who can make tough decisions.

  • Tracey Crouch

    Question

    There is a problem of some people being sent to prison who should not be there. Given the Government's intention to imprison beggars and rough sleepers through clauses in their Criminal Justice Bill, will he consider supporting amendments that would remove the intention to imprison rough sleepers and beggars?

    Minister reply

    The Minister could not comment on specific circumstances relating to a constituent due to the independent trial process. He stated that the Home Secretary is aware of the points raised regarding the Criminal Justice Bill.

  • Alistair Carmichael Lib Dem Orkney and Shetland

    Question

    The number of cases disposed of by our courts has dropped significantly from its pre-pandemic level. What is the Secretary of State doing to eliminate that backlog? What impact does he think there will be on prison numbers if successful?

    Minister reply

    More than 90% of cases are disposed of in magistrates court, and resources such as £141 million into legal aid and section 28 measures like pre-recorded video evidence have been put in place to address the backlog.

  • Rob Butler

    Question

    The Minister announced carefully considered moves today that reflect the pressures on our prison estate. He spoke of a reset in probation, how does he hope it will reduce reoffending and cut crime?

    Minister reply

    The Minister stated that the measures include rolling out 12 weeks’ guaranteed accommodation for foreign national offenders, and prioritising resources to parts of the licence period where reoffending is most likely to take place. This has led to a reduction in reoffending from 31% to 25%.

  • Jim Shannon DUP Strangford

    Question

    Concern about early release of low-level criminals and what procedure will be followed to ensure they pose no threat to the public?

    Minister reply

    People released early on conditions can be recalled for both end-of-custody supervised licence periods and entire sentences if conditions are breached, ensuring protection of society.

  • James Sunderland

    Question

    Welcomes today’s statement on foreign national offenders but asks should the right to remain at the end of their sentences be instantaneously removed for those who abuse our hospitality by committing serious crimes?

    Minister reply

    The Minister agrees that people who commit serious crimes in the UK should face short shrift and supports robust action to deport foreign national offenders.

  • Desmond Swayne Con New Forest West

    Question

    Concern over frequent delisting of cases at short notice, leading to delays and a shortage of criminal barristers, reducing quantity and quality of future judges.

    Minister reply

    The Minister acknowledges the issue and supports investment in legal aid to ensure talented young professionals remain in the profession.

  • Jane Hunt

    Question

    Agrees that under new scheme victims will see justice prevail, while foreign national offenders are efficiently processed out of the country. Contrasts with previous Labour government's approach.

    Minister reply

    The Minister agrees and states it is a matter of basic justice to deport violent thugs who rape, murder, steal and rob from overseas.

Shadow Comment

Shabana Mahmood

The shadow minister criticised the government's announcement of releasing prisoners early, up to two months before their intended release dates, as a response to prison overcrowding. She noted this measure was not adequately addressed in the statement and could cause public concern due to the potential risks involved. She questioned why the scheme had been expanded beyond its initial intent, highlighting that it was initially described as temporary but now appears indefinite with an extended timeframe of 60 days. The shadow minister also raised concerns over the additional pressure placed on already understaffed probation services and requested transparency regarding the number of prisoners released early, which types of offenders are eligible for release under this scheme, and measures to ensure public safety while supporting probation staff adequately. She further pointed out that Labour's previous record in deporting foreign national offenders was better than the current government’s efforts.

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