The government is not ruling out sending offenders to Estonia as a means of alleviating severe overcrowding on the UK prison estate.
Sky News understands that having offenders serve out their sentence in the Baltic state is one of many options being considered to address over-capacity on the prison estate – where there are thought to be just over 1,000 spaces left in prisons across England and Wales.
Since coming into office, Shabana Mahmood, the justice secretary, has warned overcrowding could lead to a breakdown in law and order if action is not taken to alleviate pressure on the system.
Prisoners in England and Wales, apart from the most serious offenders, are usually released on licence after serving 50% of their sentence – but from this month, this will be reduced to 40%.
A Ministry of Justice spokesperson said: “The new government inherited a justice system in crisis, with prisons on the point of collapse.
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“We will continue to investigate all viable options to increase the number of places in the prisons estate so we can keep locking up dangerous criminals and protect the public.”
The idea of sending criminals on the British prison estate to Estonia was first floated by former justice secretary Alex Chalk.
He told last year’s Conservative Party conference that the then government under Rishi Sunak would enter exploratory discussions with countries in Europe over the possibility of renting prison space abroad.
The previous government said it would only enter into agreement with European countries provided aspects of the prison system, including facilities and rehabilitation, matched UK standards.
It argued its policy was in line with steps taken by Belgium and Norway, which have used foreign prison places in the Netherlands in the last decade.
In her first speech as justice secretary, Ms Mahmood blamed Mr Sunak “and his gang in Number 10” for being “too weak to heed the warning signs that were flashing”.
More than 10,000 prisoners were released early under the previous government between October last year and June this year, leaked documents suggest.
And tens of billions of pounds of borrowing depends on the answer – which still feels intriguingly opaque.
You might think you know what the fiscal rules are. And you might think you know they’re not negotiable.
For instance, the main fiscal rule says that from 2029-30, the government’s day-to-day spending needs to be in surplus – i.e. rely on taxation alone, not borrowing.
And Rachel Reeves has been clear – that’s not going to change, and there’s no disputing this.
But when the government announced its fiscal rules in October, it actually published a 19-page document – a “charter” – alongside this.
And this contains all sorts of notes and caveats. And it’s slightly unclear which are subject to the “iron clad” promise – and which aren’t.
There’s one part of that document coming into focus – with sources telling me that it could get changed.
And it’s this – a little-known buffer built into the rules.
This says that from spring 2027, if the OBR forecasts that she still actually has a deficit of up to 0.5% of GDP in three years, she will still be judged to be within the rules.
In other words, if in spring 2027 she’s judged to have missed her fiscal rules by perhaps as much as £15bn, that’s fine.
Image: A change could save the chancellor some headaches. Pic: PA
Now there’s a caveat – this exemption only applies, providing at the following budget the chancellor reduces that deficit back to zero.
But still, it’s potentially helpful wiggle room.
This help – this buffer – for Reeves doesn’t apply today, or for the next couple of years – it only kicks in from the spring of 2027.
But I’m being told by a source that some of this might change and the ability to use this wiggle room could be brought forward to this year. Could she give herself a get out of jail card?
The chancellor could gamble that few people would notice this technical change, and it might avoid politically catastrophic tax hikes – but only if the markets accept it will mean higher borrowing than planned.
But the question is – has Rachel Reeves ruled this out by saying her fiscal rules are iron clad or not?
Or to put it another way… is the whole of the 19-page Charter for Budget Responsibility “iron clad” and untouchable, or just the rules themselves?
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Is Labour plotting a ‘wealth tax’?
And what counts as “rules” and are therefore untouchable, and what could fall outside and could still be changed?
I’ve been pressing the Treasury for a statement.
And this morning, they issued one.
A spokesman said: “The fiscal rules as set out in the Charter for Budget Responsibility are iron clad, and non-negotiable, as are the definition of the rules set out in the document itself.”
So that sounds clear – but what is a definition of the rule? Does it include this 0.5% of GDP buffer zone?
The Treasury does concede that not everything in the charter is untouchable – including the role and remit of the OBR, and the requirements for it to publish a specific list of fiscal metrics.
But does that include that key bit? Which bits can Reeves still tinker with?
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