asked Her Majesty's Government:

Whether, in light of the acute shortage of prison places, they will review all the criminal offences created since 1997 carrying a prison sentence; and whether they will instruct all government departments to be mindful of the shortage when framing legislative proposals to create new imprisonable criminal offences. [HL973]

It is the responsibility of the Government to have accommodation in prison for all those offenders sent there by the courts. However, the Government's view is that prison should be reserved for serious, dangerous and violent offenders; others are normally better punished in the community. My right honourable friend the Lord Chancellor and Secretary of State for Justice announced on 5 December a package of building and other measures designed to achieve a better balance between supply and demand. The Government do not consider that it would be helpful to review all offences created since any particular date, but all departments that propose new offences are required to refer these to the Ministry of Justice for consideration of prison population implications. We are reviewing these arrangements to see if they might be made more effective.