Lord Marks of Henley-on-Thames (LD)

My Lords, I wish to speak to my Amendments 111 to 113. When asked by the Deputy Chairman, I said that I did not wish to do so, but that was because I did not realise that we had jumped an amendment. These three amendments concern recall for a fixed term. The first point is the question of whether recall should be for a maximum of 56 days rather than a fixed period of 56 days. As presently structured, recall to prison is to an automatic release date 56 days after the recall occurs. The purpose of my three amendments is both to make the 56-day period a maximum period, not a fixed period, and to make automatic release subject to the exclusion in those cases where it applies—and in that it has much sympathy with the amendment moved by the noble Baroness, Lady Bennett, on behalf of the noble Baroness, Lady Jones of Moulsecoomb. The process for determining the period will need to be fixed by regulations, but the intention is clear, and I am happy to discuss how substituting a flexible period for a fixed period might be implemented. The fact is that recalls happen for a number of reasons, some of which may be relatively trivial breaches of conditions. I am concerned—as was my honourable friend Jess Brown-Fuller, the MP for Chichester, who moved similar amendments in the other place—about the effect of a blanket fixed period of recall irrespective of the seriousness or otherwise of the breach that brought about the recall, and believe it may be inappropriate. It may be that 56 days or eight weeks, which is quite a long time, is far too long for a prisoner who faces recall for missing a probation appointment, for example. It would almost inevitably interfere with work where an offender had found work. It could interfere with housing and educational or rehabilitative programmes in the community. Community programmes are, I understand, typically held open for four weeks, so eight weeks would mean that they were closed. An eight-week recall might have a damaging effect on mental health treatments which a recently released prisoner was undertaking. Addiction programmes might be undesirably affected. A shorter recall might avoid that. Furthermore, an unnecessarily long recall for a minor infringement of conditions would do nothing to reduce the prison capacity shortage as it continues, while a shorter recall would mitigate it. Other recalls may be much more serious. In such cases, 56 days may be too short a period. The 56-day automatic release provision in our Amendment 113 would take effect subject to the provision excluding automatic releases in serious cases, so that those who had committed more serious offences would not be automatically released at the 56-day point. That might be particularly appropriate if an offender who had been guilty of domestic abuse or stalking had been recalled for intimidating, harassing or stalking their victims. While they would presently be required to be released under the proposals as I understand them, our amendment would rectify this.