Women Offenders and Older Prisoners

(Limited Text - Ministerial Extracts only)

Thursday 16th January 2014 Westminster Hall

[The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)]

It is a great pleasure to see you in the Chair, Mr Amess. I thank the Justice Committee for the considerable hard work that has gone into both reports, and the Chairman, my right hon. Friend the Member for Berwick-upon-Tweed (Sir Alan Beith), for the way in which he presented the reports in this afternoon’s debate. I also welcome the hon. Member for Kingston upon Hull East (Karl Turner)—it is good to see him in a full speaking role this afternoon. I am sure it will not be the last time.

Let me start with something that is perhaps obvious, but still worth saying: the Government are committed, of course, to ensuring that the criminal justice system is appropriate for all offenders. The Committee has highlighted the particular interests of two types of offenders, and I am grateful for its acknowledgment of some of the good work that has been undertaken in both those areas in recent years. However, it has also made it clear that there is more work to be done, which we agree with. I hope that the Government’s response showed how we are tackling those areas and recognised that there was more to do.

I begin with female offenders, on which there has been considerable debate this afternoon. I am almost tempted to conclude, given the balance of opinion in today’s debate—for my hon. Friends the Members for Shipley (Philip Davies) and for Bury North (Mr Nuttall), we are doing far too much for female offenders, and for one or two other contributors, we are doing far too little—that we may have got it almost exactly right, but I suspect that even that will not meet with approval from everyone in the Chamber this afternoon. However, as has been said, we have made it clear that we are committed to assisting female offenders to turn their lives around. To reassure my hon. Friend the Member for Shipley, we are committed to doing so for male offenders, too.

A large part of what my hon. Friend was describing related to the sentencing regime, and I entirely agree with him and my hon. Friend the Member for Bury North that the sentencing regime should not treat women more leniently than men. It should pass the appropriate sentence in each individual case and that is what we expect sentencers to do, but sentencing in each case is a matter for the judiciary and for magistrates; it is not a matter for politicians. However, what we are concerned with is ensuring that, when the courts decide that someone, male or female, needs to go to prison, they do not go back to crime when they are released. On rehabilitation, which is I think where the burden of the Committee’s report was concentrated, it is right to recognise that different things work in the rehabilitation of different people. Distinct things can be done to rehabilitate female offenders, perhaps more so than male offenders.

[Jeremy Corbyn]

In our report, we made the point that smaller units, closer to the community, tend to work much better in improving the education and life opportunities of women in prison, and in reducing the rates of reoffending. I realise that that is a big change in the prison process, when we have a number of large institutions for women, but does the Minister have any specific plans to reduce the number of places in larger sections and bring in smaller units?

--- Later in debate ---

[Jeremy Wright]

As the hon. Gentleman knows, the Corston report’s recommendation that smaller units should replace women’s prisons was one of the few recommendations that the previous Labour Government did not accept. We think that it is important to have a balance of provision. The hon. Gentleman may know that we intend to trial a smaller unit on the outside of Styal prison. My right hon. Friend the Member for Berwick-upon-Tweed referred to Styal’s history and it is perhaps appropriate that we should choose Styal as the location for such an institution. We want to see exactly how that type of institution can perform. The intention will be that women who have the appropriate risk rating should be able to live in that type of environment, and work outside the prison walls but still have access to some facilities in the prison. We will want to test that, see how it works and draw what conclusions we can from it.

In the broader context, as others have said, we have set up an advisory board in relation to female offenders, which brings together key stakeholders and partners, for the first time, to provide expertise and challenge us as we deliver those objectives. My right hon. Friend was absolutely right that that will be effective only with the right kind of ministerial leadership. I pay tribute, as others have, to the Under-Secretary of State for Culture, Media and Sport, my hon. Friend the Member for Maidstone and The Weald (Mrs Grant), who initiated the process, and to my noble Friend Lord McNally, who continued it.

I am delighted that the Minister of State, Ministry of Justice, my right hon. Friend the Member for Bermondsey and Old Southwark (Simon Hughes) will be continuing in that line. I know of his enthusiasm for the task and that he is keen to begin, although I note that he is not so keen to relieve me of the responsibility for speaking in this debate. None the less, he is very keen to begin the task. He has been listening to much of what we have said today, dividing his time between this debate and another that he has been obliged to attend. I know that he is keen to hear more from others about ideas that we can employ in order to pursue this agenda and, to answer concerns that others have raised, that he wishes to explore the opportunities for co-ordination across Government to ensure that the agenda is pursued elsewhere, too. He has begun by visiting HMP Send this week and will take on the cause with great enthusiasm.

Let me say something about our transforming rehabilitation reforms, which have been referred to. Those serving sentences of less than 12 months will, under the reforms, for the first time, be subject to statutory supervision, and all offenders will be subject to a licence period—or a combination of licence and supervision—of at least 12 months in the community. As we were discussing at some length earlier, proportionally more women than men are serving short sentences, so they will benefit particularly from that element of the reforms.

The right hon. Member for Dwyfor Meirionnydd (Mr Llwyd) asked whether up-tariffing would be the result of that, and whether some sentencers would pass custodial sentences in the hope that offenders would receive the type of the support that they needed. It is important to remember that the supervision of community sentences will be delivered by the same providers under the same terms as the supervision provided for those released from short sentences. There will be no difference, if that is what the sentencer is interested in, in the level of support provided for someone receiving a short custodial sentence and someone placed under a community order. The sentencing guidelines will remain clear, as they should, that only when it is appropriate to do so should a custodial sentence be passed in any case.

To ensure that all future providers under our reforms take into account the specific needs of female offenders, we are amending the Offender Rehabilitation Bill to require the Secretary of State to ensure that contracts and service level agreements for the rehabilitation and supervision of offenders identify services intended to meet the particular needs of women. We will assess providers’ plans for female offenders and the plans will be placed in the public domain to ensure transparency. If providers are not delivering those requirements, they will be subject to contractual remedies. We will publish data on the effectiveness of those services in the autumn of 2016. That aligns with the way in which the competition process will work: providers are to be incentivised to work with all offenders, and not only the low-risk, easy-to-reach cohort.

I know that many people also have concerns about the future of the network of women’s community services under the programme. Therefore, I make it clear that in 2013-14, we have invested £5.8 million through probation trust contract and partnership arrangements on those services. We expect existing providers of women’s services to continue to receive funding from community rehabilitation companies until March 2015, assuming that performance and demand is sufficient. That sets the groundwork for the expansion of community support to women on release from short sentences in 2014 and beyond. We have also been working with women’s services and the voluntary sector more widely to help build capacity for the new commissioning landscape.

Our recently published review of the women’s custodial estate set out our different approach to managing female prisoners. We are making changes so that prisoners can serve their sentence as close to home as possible, allowing them to maintain crucial family relationships. All women’s prisons will become resettlement prisons and will have access to through-the-gate services. We are also setting up new community employment regimes aimed at getting female prisoners into work on release; we are improving access to interventions; we are establishing and testing open units such as the one that I described at HMP Styal and the one at Drake Hall; and we are setting up, we hope, commercial employment opportunities at Styal.

We are seeking, where appropriate, to divert women away from the criminal justice system. We are doing that through joint work and collaboration with other Departments and key stakeholders, not just on the advisory board, which the Minister of State, Ministry of Justice, my right hon. Friend the Member for Bermondsey and Old Southwark, will chair, but on the Cabinet’s Social Justice Committee. In relation to the point made by the hon. Member for Bridgend (Mrs Moon), we will also be working with the Department of Health to test a core model for liaison and diversion services at police stations and courts over the next two years for those with mental health problems, including many women and, one would hope, many women in precisely the circumstances that she so passionately described.

It is perhaps worth making a final point in relation to female offenders. I know that my right hon. Friend intends to proceed with our commitment to update the House in March of this year. That will include updates on a cross-Government basis.

Let me now deal with the topic of older prisoners and make it clear that the Government are dedicated to ensuring that prisoners of all ages benefit from a safe, secure, decent and productive prison environment. That includes the unique challenges posed by older prisoners. As many right hon. and hon. Members have said, that is the fastest-growing group within the prison population. I am pleased to say that some extremely good examples of best practice are already well established across the prison estate. I know that we need to do more, but perhaps it is worth dwelling for a moment on some specifics.

Wakefield prison has a registered general nurse whose specific responsibility is care for older prisoners, in addition to the medical services available to the general population. That provides older prisoners with access to a rolling programme of annual assessments and referrals to specialist services, including podiatry, physiotherapy and a specialist provider of dentures.

We should recognise the training and support already available for prison staff. The crime reduction charity Nacro has worked with the Department of Health to develop resources for staff working with older prisoners. Excellent work has been undertaken by RECOOP—Resettlement and Care of Older ex-Offenders and Prisoners. That national charity promotes the care, resettlement and rehabilitation of older prisoners, offenders and ex-offenders. Grant funding has allowed RECOOP to employ regional consultants to help to set up interventions and to build capacity and skills to work with older offenders. Right hon. and hon. Members have referred to other charities and organisations that also do excellent work.

However, I am well aware that such examples are not uniformly dispersed across the prison estate. That point, too, has been made. There have been cases in which operational or resource pressures have meant that the care offered to these offenders has dropped below the standards to which we aspire. We need, therefore, to do more to ensure that standards are achieved across the whole estate.

Two of the areas on which I want to focus our attention are the availability of suitable prison accommodation and regimes, and the joined-up provision of health and social care. On accommodation, I acknowledge that the fabric of some of our older prison buildings, such as Dartmoor, which the hon. Member for Islington North (Jeremy Corbyn) mentioned, does not enable us to best meet the needs of older prisoners, and work is ongoing across the estate to enhance services for all prisoners in line with the Equality Act 2010. For example, improvements are under way at the reception area in Leeds at a cost of approximately £4.8 million, and a new health care centre is being developed at Durham at a cost of approximately £3.4 million.

In addition, officials in the National Offender Management Service are developing a process to assess, across the estate, current accommodation for prisoners with specific needs. The hon. Member for Hayes and Harlington (John McDonnell) raised that issue. It will involve a targeted approach, consistent with the levels of need likely to occur, and it should be completed by the end of 2014. The results of that survey will be used to direct further improvement. That, of course, is part of the reason why we believe that it is sensible to move from an older prison estate to a newer prison estate. It will simply be easier to deliver the type of accommodation that all of us in this Chamber agree is the right kind of accommodation and a better rehabilitative regime.

I direct right hon. and hon. Members’ attention to the 2014-15 service level agreements with all prisons. The National Offender Management Service has introduced two new commissioning intentions, which require prisons to assess the individual needs of all prisoners and ask them to state how they will meet those needs. That includes how the prisoners age and how that impacts on individual needs.

We recognise that more can be done to provide modified regimes for those who require them. I am pleased to be able to say that the National Offender Management Service will explore opportunities to adapt regimes in prisons where the needs of the population require that, and emulate the good practice highlighted in the Justice Committee’s report. That will include health and fitness, social and recreational activities, and support groups.

We expect that the Care Bill, which has been mentioned and is making its way through Parliament, will go some considerable way in supporting us, with our partners, to improve the provision of joined-up health and social care in prisons. The Bill will, for the first time, make it clear that local authorities in whose areas prisons are based will be responsible for the assessment and provision of social care for prisoners. We will be working with our partners in the Department of Health, NHS England and local authorities to develop policies on how that will work in practice, leading to the implementation of cross-agency guidance.

The hon. Member for Hayes and Harlington asked me a number of what I might describe as process questions. If he will forgive me, I will not go through those now, but I will certainly write to him, setting out what we can, to help him on that. However, I will pick up now a couple of the points that he raised. He and others have raised legitimate questions about where funding will come from. As he says, we will have to discuss this with local authorities in more depth, but the Department of Health will be responsible for supplying the additional funding necessary to assist local authorities with that obligation. He and others made a point in relation to the ordinary residence rule. To be clear, the responsibility on local authorities will be for those prisoners located at a prison within their local authority area. I hope that that is of assistance and that it will mean that we can be confident of seeing, by 2015, real change on the matters that the Select Committee has, rightly, raised concerns about. As the Committee has said, this is an issue of real importance, and I welcome the interest of all those who have spoken here today and of other members of the Committee in it. I know that they will continue to engage with it.

I again thank all those who have spoken in the debate and the Select Committee for all its work. As the Chairman of the Committee is aware, I know, as a former member of the Committee, the hard work that goes into producing such a report, and it is appreciated. He and others will recognise that to reduce reoffending across the board, we must ensure that the criminal justice system is responsive to the needs of all, whether offenders are male or female, old or young.