David Lammy: No easy solutions to prison capacity crisis

Opponents of plans to release rapists and sex offenders early from prison have “no solutions” to halt the criminal justice system’s possible collapse, David Lammy has said.

Under pressure from Labour MPs – including the former safeguarding minister Jess Phillips – to curb the early release scheme, the deputy prime minister said failing to implement it could leave no capacity across jails in England and Wales in November.

Killers, rapists and sex offenders will be among more than 5,000 prisoners freed early from September. They include those convicted of manslaughter, rape, grievous bodily harm and sex offences, who will be eligible for release halfway through their sentences rather than serving the current minimum of two-thirds of their term.

There has been growing disquiet from supporters of Andy Burnham about the policy. Several Labour MPs said they would push for the plans to be dropped if, as expected, the former Greater Manchester mayor becomes prime minister on 20 July.

Lammy, who is also the lord chancellor and justice secretary, said the government must press ahead with the scheme because of an impending capacity crisis across the prison state that could leave jails nearly full within six months.

“We would get back to a situation where we were running, at 99, nearly 100% [capacity],” he said. “I was with a father whose daughter had been horribly groomed in my constituency just a few weeks ago. It is hugely important that when the perpetrators of this crime are arrested, they can be sent to prison.”

“We are building prisons, but it takes time – seven years – and in the meantime, we have got to ensure that there is good community punishment,” he added.

Asked how he would respond to Phillips and the victims’ commissioner, Claire Waxman, calling for the government to rule out child rapists and grooming gang members from early release, Lammy said the scheme was essential.

“I’ve heard again, in parliament – the opposition raised this – but I noted that there were absolutely no solutions as to how we deal with the immediate situation,” he said.

Amid reports that Burnham could overturn the policy, Lammy said he had “been in dialogue” with the MP for Makerfield’s team about the early-release scheme.

“I have known Andy Burnham and his chief of staff, James Purnell, for many, many years and of course I’m in constant discussion with them,” he said.

Lammy’s comments were made while visiting HMP Wandsworth in south-west London with Amber Rudd, a former Conservative home secretary who was recently appointed to lead a review into tackling drugs, violence and organised crime in prisons.

The inquiry’s focus will be on finding policies that can garner cross-party support aimed at “the medium to long term” because of concerns that there has been a lack of strategic planning, Rudd said in her first interview since taking up the role.

“If there is a change of government, there will hopefully be an opportunity for somebody to say: ‘Let’s get on with that plan.’ I want to have a kind of roadmap to a prison system that will be a better outcome for what we’ve asked prisons to do – keep the public safe, keep the prisoners locked up, and look after the public’s purse.”

Rudd added that she planned to draw inspiration from prison systems from across the world including Spain’s, which has emphasised rehabilitation.

“I want to look at Scandinavia and I want to look at Spain, where they’ve done a lot with new prisons. I know in the sentencing review they were very taken by the changes going on in Texas, where the changes allowed them to close some prisons,” she said.