Prisons poser

KEN Clarke has always been a belligerent politician, whether it be on the euro or criminal justice. Never afraid to voice an opinion, he brings great experience to the Cabinet. Nevertheless, the Justice Secretary must be careful to ensure that his well-documented obstinacy over sentencing does not impinge upon the rights of the law-abiding majority who expect the punishment to fit the crime.

Mr Clarke is right when he asserts that penal policy is not working – the complete opposite of his Cambridge University contemporary Michael Howard's "prison works" assertion to a cheering Tory conference in the 1990s. A cycle of reoffending has been allowed to become endemic – and with disastrous consequences.

The Minister believes that the way forward is to place a greater emphasis on community sentences, arguing that many convicted criminals only become addicted to heroin, and other drugs, while behind bars. Yet many crime victims would contend that this appalling state of affairs stems from the decision of successive governments to release prisoners halfway through their sentence, and before they have had sufficient time to undergo a remedial programme and learn new skills that might lead to a job and a crime-free existence.

However, Mr Clarke appears to have little sympathy for this argument, presumably because his reforms are also being driven by a desire to cut the number of prison places to conform with his Government's spending review.

This is regrettable – the two issues should not be inter-connected in this way. Having published his Green Paper yesterday, Mr Clarke's challenge is to demonstrate that his measures will reduce crime. If they do, the whole of society will benefit from a more enlightened and liberal approach. But, if they do not, the consequences are too serious to contemplate.