Viscount Hailsham (Con)

My Lords, I rise very briefly to support what my noble friend has said, and, indeed, to support the right reverend Prelate the Bishop of Gloucester’s amendment. I come, as it were, from a prison background, in the sense that I was Prisons Minister, God help me, 40 years ago. Also, until relatively recently—by which I mean 10 years ago—I was on the monitoring board of one of our local prisons. I agree entirely with my noble friend, and indeed with the right reverend Prelate, about the importance of out-of-cell purposeful activity. I agree too with the noble and learned Baroness, Lady Butler-Sloss, that far too often the prison workshops are not functional. That is a very great misfortune. There are just two points I will make—a proviso and a question. The proviso, in a sense, is self-evident: if a condition is going to be imposed, it can operate only if the purposeful activity is actually provided within the Prison Service. Although that may be implicit in my noble friend’s amendment, it is not explicit. If the Government, in due time, come forward with an appropriate amendment, I hope that the provision is made explicit. There is a different question, which I would like guidance on, perhaps from the Minister. I suppose it really reveals my own ignorance. If there is a condition that a prisoner is compliant with the requirement for purposeful activity, what is the consequence of non-compliance? My noble friend has addressed that, at least in theory, by her proposed new subsection (2)(b) in Amendment 66, because she contemplates, very sensibly, a report which might lead to the provision denying a prisoner early release for non-compliance, but if there is no consequential legislation to that effect, are there any existing statutory or other binding provisions which would penalise a prisoner who is deliberately not complying with purposeful activity that is made available? There should be, but if there is not any such requirement which can be enforced then my noble friend’s aspirations may prove to be ineffective.