Part of the debate – in the Senedd at 4:19 pm on 9 October 2018.
I'd like to start with the amendment. I'll take the second one first. It's remarkable how anyone could read this report and think that UK-wide solutions are going to address the specific Welsh issues in this report. It's the sort of amendment that looks like it's been tabled by somebody who didn't bother even reading the report, and I'll say no more on that.
The first amendment adds nothing to the motion. There is, of course, a UK agenda on prison reform, but it's an agenda of underfunding, overcrowding and warehousing that isn't worth even noting outside the context of arguing for Wales to do things differently.
I welcome this timely report from the Wales Governance Centre. It's hard to believe that we're still having this debate as to whether Wales should have control over its own criminal justice system. Not only that, but the Westminster establishment continues to believe that giant prisons are good for prisoners as well as for economic development when neither is true. There are obvious conclusions that can be drawn from this report. Having no control over criminal justice has led to the situation where Westminster sees Wales becoming a net importer of prisoners. At the same time, we lack the facilities to ensure that Welsh prisoners can serve their sentences closer to home and be properly rehabilitated. Having no control has also meant Westminster not recognising Welsh needs. All the data gathered for this report had to be obtained through freedom of information requests. Doesn't that say it all?
Welsh language needs, which are clearly crucial to rehabilitation, are often not even recognised, let alone catered for when those responsible for collecting the data don't know or care how many prisoners are Welsh speakers. Westminster has had 11 years since the Welsh Affairs Committee asked the Ministry of Justice to collect and publish this information, and still nothing. I wonder why.
The current prison set-up is discriminatory against Welsh women, and I've made this point on numerous occasions. Women are sent further away. They will be separated from their children for longer. They will be more likely to reoffend and they will fail to receive the support that they need when returning home. This report has also shown that 75 per cent of women who obtain custodial sentences in Wales receive a sentence of less than six months for a non-violent offence. This demonstrates that the majority of women are not dangerous people, yet we're imposing more severe punishment on women offenders and placing them into a faraway environment that makes rehabilitation much more challenging.
We can also see that prisoners who stay in Wales and are closer to family—again, crucial to preventing reoffending—face an environment that sees record numbers of self-harm and assault. This is despite not one of the prisons concerned being a category A prison, where we would expect to see the more dangerous and violent prisoners housed. This tells me that we've got too many people in prison with serious mental health problems. Should they all be in prison? I doubt it very much. Is this related to the question of quality of prison management? Well, having set out a total of 212 recommendations within its previous inspections in Wales, HMIP's most recent findings reported that only 77 had been fully achieved. Why would management bother implementing these recommendations anyway? It's not as if anyone from the MOJ is actually bothering to check. No-one is watching.
I presume that the reason that Westminster has resisted the devolution of the criminal justice system for so long is because they genuinely believe that they can do a better job, or maybe they're afraid that Wales would do something different and focus on rehabilitation and the reduction of reoffending rates, which is what I think the majority of us in this Chamber and in our country would want to see.
But it's no good just blaming Westminster when we still have a First Minister who has been ambiguous at best about taking responsibility for the criminal justice system and whose Government's initial reaction to the Port Talbot prison was to negotiate the price for the land required with the MOJ. And I'd like to pay tribute to all those campaigners for their victory on that front. It remains the case that we have a Government whose instinct is against taking responsibility. As a former probation officer, I know that the first stage in anybody's rehabilitation is that you have to take responsibility for yourself. The Welsh Government needs to begin its own rehabilitation and seek and take the responsibility so that we can correct the injustices that are highlighted in this report.