← Back to House of Commons Debates
Prison Capacity
18 July 2024
Lead MP
Shabana Mahmood
Debate Type
Ministerial Statement
Tags
Crime & Law EnforcementJustice & Courts
Other Contributors: 23
At a Glance
Shabana Mahmood raised concerns about prison capacity in the House of Commons. A government minister responded. Other MPs also contributed.
How the Debate Unfolded
MPs spoke in turn to share their views and ask questions. Here's what each person said:
Government Statement
The Minister of Justice announced a series of emergency measures to address the crisis in prison capacity in England and Wales, stating that prisons are running at over 99% capacity for the past 18 months. The male prison estate has around 700 spaces remaining, which will drop to critical levels by September this year. To prevent an overflow, offenders serving standard determinate sentences will be released after completing 40%, rather than 50%, of their sentence. This decision is expected to release approximately 5,500 offenders in September and October, with strict licence conditions and electronic tags imposed on those released. The measure is a temporary one to stabilise the situation until longer-term solutions can be implemented, such as accelerating prison building programmes and implementing reforms to reduce reoffending.
Edward Argar
Con
Melton and Syston
Question
Can the Lord Chancellor confirm that domestic abusers convicted of common assault will not benefit from this scheme? What specific exclusions are being made to prevent persistent offenders from benefiting?
Minister reply
The measure excludes serious violent offences, sexual crimes, and certain domestic violence-related crimes such as stalking and controlling or coercive behaviour. The minister did not specify whether common assault would be exempt but emphasised that the scheme aims to protect public safety.
Edward Argar
Con
Melton and Syston
Question
What are the criteria for ending this measure after 18 months? Will it be sunsetted in delegated legislation?
Minister reply
The measure is a temporary one to stabilise prison capacity, with reviews planned every six months. The government will commit to returning to Parliament for further scrutiny and decision-making if needed.
Edward Argar
Con
Melton and Syston
Question
How many of the additional probation trainees will be new compared to those already planned?
Minister reply
The government plans to recruit at least 1,000 more probation officers by March 2025, with efforts made to ensure that these are new hires rather than replacements for existing staff.
Edward Argar
Con
Melton and Syston
Question
Will all prisoners released early be required to wear GPS tags and adhere to strict conditions?
Minister reply
All offenders released under the new measure will be subject to stringent licence conditions, including electronic tagging where appropriate. The government is committed to ensuring that these measures are in place to protect public safety.
Edward Argar
Con
Melton and Syston
Question
What are the long-term plans for addressing demand in prison capacity, including building new prisons?
Minister reply
The government is committed to implementing a ten-year capacity strategy later this year. This will include securing land for new prison sites, classifying them as national importance, and ensuring that decisions rest with ministers. Additionally, the focus on reforming probation services and reducing reoffending rates will contribute to long-term stability in the prison system.
Edward Argar
Con
Melton and Syston
Question
Asked the Lord Chancellor to confirm that convicted domestic abusers would not be exempt from the sentence reduction scheme. Inquired about exclusions for persistent offenders, criteria for ending the measure after 18 months, additional probation resources, GPS tagging conditions for release, and long-term prison capacity plans.
Minister reply
Responded by confirming specific offences related to domestic abuse are excluded. Provided details on multiple and repeat offences exclusion process. Stated there will be quarterly data releases and transparency regarding the scheme's progress. Clarified that probation resources involve re-prioritization of existing funding. Mentioned temporary closure of HMP Dartmoor for safety reasons, and long-term focus on reducing reoffending rates to address capacity issues.
Southgate and Wood Green
Question
Asked the Lord Chancellor to accelerate the Ministry of Justice’s refreshed IPP action plan to help reduce the prison population.
Minister reply
Acknowledged concern over IPP prisoners, highlighted that changes must prioritise public protection. Noted support for previous Government actions on licence period and action plan, and committed to making progress with this cohort while ensuring safety.
Alistair Carmichael
Lib Dem
Orkney and Shetland
Question
Welcomed the Lord Chancellor to her new position, acknowledged the necessity of temporary measures but questioned their long-term impact if extended beyond 18 months. Raised concerns about overcrowding in prisons affecting rehabilitation efforts and asked for a comprehensive plan on reducing time spent in prison.
Minister reply
Acknowledged the criminal justice system's dire state inherited from previous government, emphasised the need to build capacity before introducing new measures like proposals to cut reoffending rates. Also mentioned plans to onboard 1,000 trainee probation officers by March 2025.
Hayes and Harlington
Question
Declared a non-pecuniary interest as an honorary life member of the Prison Officers’ Association. Criticised the last government for causing a staffing crisis in prisons, leading to increased levels of violence and ended rehabilitation efforts. Asked for a workforce strategy and urgent attention on violent conditions at Feltham young offenders institution.
Minister reply
Paid tribute to prison staff working under difficult circumstances, acknowledged increasing levels of violence within prisons due to overcrowding. Committed to discussions regarding spending review and promised to publish 10-year capacity strategy soon.
Greg Smith
Con
Mid Buckinghamshire
Question
Expressed concerns about the proposals for a new mega-prison in Buckinghamshire on farmland near existing prisons, citing fairness issues due to nearby HS2 construction and staffing difficulties. Requested that the Lord Chancellor meet with him to discuss these concerns.
Minister reply
Acknowledged the issue but stated that prisons will always be deemed of national importance by this government and thus will be built despite local opposition.
Emily Darlington
Lab
Milton Keynes Central
Question
Congratulated the Lord Chancellor on her new post, thanked her for excluding sexual violence cases from the scheme. Asked to review how the scheme affects those with learning disabilities and ensure early communication with local councils.
Minister reply
Emphasised an eight-week implementation period designed to allow probation to do its job effectively during prisoner releases.
Dwyfor Meirionnydd
Question
Expressed concern about delays in establishing a women’s residential centre in Wales and urged the new government to facilitate its establishment.
Minister reply
Offered to meet with her for further discussion on the issue.
Ruth Jones
Lab
Newport West and Islwyn
Question
Asked about reports that the former director general for propriety and ethics wrote to the previous Prime Minister warning of a failure to act on the prison crisis leading to critical system failure.
Minister reply
Agreed that it would be a serious dereliction of duty by the previous government if those reports were true, considering the current state of the prison system.
Kieran Mullan
Con
Bexhill and Battle
Question
The MP welcomes the Lord Chancellor to her post but raises concerns about describing the scheme as temporary when it will have permanent legislative changes. He suggests sunsetting the legislation to ensure its temporary nature.
Minister reply
The Lord Chancellor asserts that the scheme is indeed temporary and plans to revert to the usual 50% level after 18 months. She commits to transparency in governance, anticipating scrutiny from Members of Parliament.
Rachael Maskell
Lab Co-op
York Central
Question
The MP raises concerns about individuals with mental health issues being incarcerated due to failures in the system and asks for urgent discussions between Health and Justice Departments to assess those who should be receiving mental health services.
Minister reply
The Lord Chancellor agrees that there is a broad failure across public services, including health. She commits to having conversations with the Secretary of State for Health regarding the issue raised and emphasises the need for inter-service cooperation in addressing the criminal justice system issues.
Jim Shannon
DUP
Strangford
Question
The MP welcomes the Lord Chancellor and questions how she plans to ensure that justice, rather than logistical constraints, is prioritised when sentencing criminals.
Minister reply
The Lord Chancellor clarifies that judges retain discretion in individual sentencing decisions. She also announces a sentencing review later in the year to ensure consistency and coherence across all sentencing.
Paula Barker
Lab
Liverpool Wavertree
Question
The MP raises concerns about prisoners being released without access to statutory services, leading to homelessness. She asks for assurances that this unintended consequence will be mitigated.
Minister reply
The Lord Chancellor assures the House that her proposals provide a preparation period for probation services and mentions the continuation of transitional accommodation services post-release to prevent homelessness.
Derek Twigg
Lab
Widnes and Halewood
Question
The MP congratulates the Lord Chancellor on her appointment and questions how the government will address employment opportunities for ex-prisoners as a key factor in reducing reoffending rates.
Minister reply
The Lord Chancellor confirms that job placement within a year of release significantly reduces reoffending rates. She mentions setting up employment councils in prisons to work with local employers towards this goal.
Tonia Antoniazzi
Lab
Gower
Question
The MP expresses concerns regarding issues at Parc prison and requests support for staff and reform of the culture within the facility.
Minister reply
The Lord Chancellor offers to meet with the Member individually or together with other MPs interested in the issue, acknowledging her concern over the situation and expressing willingness to monitor closely.
Kim Johnson
Lab
Liverpool Riverside
Question
The MP congratulates the Lord Chancellor on her new position and asks about reviewing the law on joint enterprise which has led to long prison terms for young black men.
Minister reply
While not directly related to current changes, the Lord Chancellor states that a review by the Crown Prosecution Service is already underway, indicating engagement with the CPS.
Ben Goldsborough
Lab
South Norfolk
Question
The MP congratulates Front Bench members on their appointments and asks about support for Police and Crime Commissioners in managing the current crisis.
Minister reply
Acknowledging the importance of PCCs, the Lord Chancellor commits to continuing engagement with them as part of efforts to manage the system's health.
Melanie Onn
Lab
Great Grimsby
Question
The MP asks whether expanding the scheme to include unfair indeterminate sentences for public protection is worth considering, potentially releasing an additional 2,700 prisoners.
Minister reply
While acknowledging the interest in this matter, the Lord Chancellor advises that changes must balance public protection risk and commits to building on previous government work.
Shadow Comment
Edward Argar
Shadow Comment
The shadow minister acknowledged the challenges facing the prison system but raised concerns about public protection under the proposed sentence reduction scheme. He questioned the exclusions for domestic abuse offenders, the criteria for ending the measure after 18 months, additional resources for probation, and mandated GPS tracking for those released early. He also inquired about long-term plans to meet demand, including whether tougher sentences would be reversed or if more prisons would be built.
▸
Assessment & feedback
Summary accuracy
About House of Commons Debates
House of Commons debates take place in the main chamber of the House of Commons. These debates cover a wide range of topics including government policy, legislation, and current affairs. MPs from all parties can participate, question ministers, and hold the government accountable for its decisions.