Lord Timpson (Lab)

My Lords, I thank noble Lords and noble Baronesses for the opportunity to discuss these important amendments as part of a fascinating debate; they have certainly covered a lot of ground. Transparency in the criminal justice system is vital. We must strike a balance between promoting understanding and accountability without compromising the integrity of our public services or creating unnecessary burdens for those working in them. I turn first to Amendment 58A in the name of the noble Baroness, Lady Hamwee, but, before I begin, I must acknowledge noble Lords’ important questions on funding for the Probation Service—a crucial part of delivering the reforms in this Bill. As noble Lords know, we are investing up to £700 million in the final year of the spending review, which is an increase of 45%. As I said at Second Reading, although detailed allocations are yet to be finalised, my priorities are clear: more people in post; digital investment that saves time; and tools for probation to use. These will all make the jobs of our hard-working probation staff more manageable and rewarding. I repeat my offer to noble Lords to arrange a session in the coming weeks to take them through this in more detail. I am grateful to the noble Baroness, Lady Hamwee, and the noble Lord, Lord Marks, for raising important points regarding the availability of activities and treatments for probation requirements. I assure the noble Baroness and the noble and right reverend Lord, Lord Sentamu, that we are enabling probation practitioners to use their professional expertise to ensure that rehabilitation is tailored to what works. To do this, we will have guidance and training in place to ensure that they are clear on how decisions should be made and how to deliver them. This includes what interventions are needed and when to refer an offender to a specialist support service; so, if an offender whose offending is driven by addiction is sentenced to a probation requirement, their probation officer will be pointed to the right interventions to address any factors that could lead to that behaviour. The noble Baronesses, Lady Porter, Lady Fox and Lady Hamwee, rightly mentioned the availability of treatments. It is critical that offenders have access to the right activities and treatments to support their rehabilitation. That is why the Ministry of Justice works closely with NHS England and the Department of Health and Social Care to ensure that all offenders who need it have access to high-quality mental health, alcohol and drug treatment. DHSC has made a targeted investment to support those referred by the criminal justice system, including funding 575 drug and alcohol workers with criminal justice specialisms. They work closely with prisons and probation services and in courts, as well as with the police, to improve access to, and the quality of, treatment. Our ongoing partnership with NHS England has achieved an increase in the number of mental health treatment requirements. The number sentenced now is more than five times higher than it was a decade ago: it is up from 960 in 2014 to 4,880 in 2024. The noble Baroness, Lady Hamwee, knows that I am always available to speak to the House about how we are ensuring that these treatments are accessible and funded. Given that, I hope that she agrees with me that a statutory requirement to publish an annual report is unnecessary. Amendment 139B would require the Secretary of State to lay an annual report before Parliament on levels of reoffending by offenders who have completed a community or custodial sentence. Reducing levels of reoffending to cut crime and ensure fewer victims is at the very heart of both this Bill’s purpose and why I took this job. The evidence is clear, and we are following it. Offenders given a community order or suspended sentence order reoffend less than similar offenders given a short prison sentence. We are exploring how we can evaluate the impact of the Bill’s provisions on key outcomes, including levels of reoffending. In the meantime, I can confirm that we already publish on a quarterly basis data on levels of reoffending by disposal type, including custodial sentences, community orders and suspended sentence orders. I hope that my answer assures the noble Lord, Lord Jackson, of our commitment to following the evidence, regarding his Amendment 93A. However, as I am sure he will appreciate, many factors go into whether someone reoffends, and creating artificial targets will not support hard-working front-line staff in trying to improve the system. I thank the noble Lord for Amendment 127 but, although we share the aim of improving transparency in the parole system, the Government believe that this proposal is unnecessary. Public hearings were introduced in 2022, allowing any hearing to be held in public where the chair considers it in the interests of justice. This amendment would reverse the current position, making public hearings the default and requiring the Parole Board to seek the agreement of the Secretary of State to hear a case in private. This would undermine the board’s quasi-judicial independence and create significant administrative burdens. It would also require victims’ views about the prospect of a public hearing to be sought in every case. This risks retraumatising victims and burdening them with an additional and unnecessary decision about their case. There is no evidence that a demand for all hearings to be public exists, so the amendment would not offer any meaningful benefits over the current process. The board holds more than 8,000 oral hearings annually, yet its website reports just 55 decisions on applications for a public hearing since 2022. On Amendment 86, this Government remain committed to improving the collection and publication of data on foreign national offenders. We are working closely with colleagues in the Home Office to enable the early identification of foreign national offenders, which will support earlier removals. This may require a new mechanism to verify the information provided. As the noble and learned Lord, Lord Burnett, set out, this must be cost effective and must prevent placing additional pressure on operational staff; that is why we are exploring both operational and technological solutions. For this reason, we cannot accept a statutory duty to publish this information before the necessary infrastructure is in place to support it. I am grateful to the noble Baroness, Lady Neville-Rolfe, for her kind words and for raising the important issue of participation in rehabilitative activities such as work or training; I am pleased that we have had an opportunity to debate this today and to learn more about the history of “purposeful”. We fully share the ambition behind this amendment, which is to ensure that time in custody is used productively both to support rehabilitation and to reduce reoffending. Prison should not simply be where criminals stay between crimes. I want to make it clear that this Government are of course committed to improving regimes across the prison estate, but making participation a mandatory condition across every custodial sentence would be impractical and, in some cases, counterproductive. Prison regimes vary widely to meet the needs of different populations, and imposing a blanket statutory requirement risks creating obligations that cannot be met.