Prison Media Bill

(Limited Text - Ministerial Extracts only)

Committee stage
Wednesday 22nd May 2024 Public Bill Committees

I reiterate my thanks to all the officials who have worked incredibly hard on this Bill, and I look forward to it being enacted.

[The Minister of State, Ministry of Justice (Edward Argar)]

It is a pleasure to serve under your chairmanship, Sir Robert. I add my wholehearted support to my hon. Friend the Member for South Ribble for introducing this hugely important Bill. She has handled today’s proceedings and presented her case with aplomb, elegance and eloquence, as though she had done this 100 times already, so I pay tribute to her for that. It has been a pleasure to work with her on this Bill. It is a testament to her determination to get things done that she has brought it this far. Her South Ribble constituents are very lucky to have her.

As the Minister for prisons, parole and probation, it is central to my role to help to protect the public from serious offenders and improve the safety and security of our prisons. The Prison Media Bill will help us to achieve those core priorities by demonstrating a zero-tolerance approach to social media misuse from within custody. Like my hon. Friend, I put on record my gratitude to all those who work in His Majesty’s Prison and Probation Service for the work they do day in, day out to keep people safe.

I also put on record my gratitude for the contributions today, including from my hon. Friend the Member for Warrington South. In this place—this is not always the case with all colleagues—on matters of justice, he knows of what he speaks, with his strong track record as a magistrate and in this House, so it is always interesting and instructive to listen to his contributions.

I am very grateful to my hon. Friend the Member for Sedgefield, who rightly highlighted a very distressing case, which he and I have discussed. He has been diligent and dogged in his pursuit of his constituent’s interests in this matter. As with my hon. Friend the Member for South Ribble, his constituents are equally very lucky to have him.

The Bill strengthens existing legislation, specifically the Prison Act 1952, on the unauthorised creation and uploading of digital media, including photographs and videos created inside prisons, or of the inside of prisons from outside—for example, by drone. Deterring individuals from uploading videos and photographs and removing from social media those that are uploaded is crucial. The content can cause very serious harm. It can be used to harass and cause distress to victims of crime and their families, as my hon. Friend the Member for Sedgefield highlighted, thereby re-traumatising them. It can facilitate continued criminality, which extends beyond prison walls into the community, including drug supply, violence and gang feuds. Videos taken from above prisons by drone can also cause serious security risks.

As well as videos and photos created inside prison, the Bill tackles, as my hon. Friend the Member for South Ribble said, so-called audit style videos, where members of the public film prison staff from outside a prison, threatening the safety of hard-working prison workers. We are not talking about a couple of cases: last year, HMPPS reported 890 pieces of harmful prison content found online, and between 2020 and 2023, it reported nearly 2,000 uploads. The reality is that that probably under-represents the true scale of the problem as those figures are just for reported incidents. That is why, in clause 1, it is hugely important that the statutory maximum limit for fines on summary conviction is effectively removed, aiming to ensure that the offences can be punished by a fine of any amount, reflecting their seriousness.

I am grateful to my hon. Friend the Member for South Ribble for working so closely with my officials to amend the Bill to extend it to Scotland and Northern Ireland through new clauses 1 to 3 and amendments 11 to 17 and 19. As initially drafted, the measures would apply only in England and Wales. However, as she highlighted, harmful digital content is not constrained by the borders within our United Kingdom, so extending the Bill’s coverage will better protect victims from distressing content created by their perpetrators inside prison, as well as bolstering prison security and the safety of prison officers across all nations in the UK.

My officials, like my hon. Friend, have worked closely with officials in the Scottish Government and the Northern Ireland Executive to ensure that the provisions that fall within the legislative competence of the Scottish Parliament and the Northern Ireland Assembly are consistent and compatible with existing devolved offences, and that the Bill’s provisions will function effectively within those jurisdictions. I, too, put on record my gratitude for the co-operation of Ministers and officials in the Scottish Government and the Northern Ireland Executive, particularly for the speed with which they have looked at the matter and given their support in principle to extending the Bill in respect of those devolved offences. Again, I suspect an element of that is testament to the persuasiveness of my hon. Friend.

I am also grateful to my hon. Friend for tabling amendments 1 to 10, intended, first, to avoid criminalising behaviour that is not necessary or appropriate to criminalise; and secondly, to ensure internal consistency between measures in the Bill and external consistency with existing offences. The changes are designed to ensure that the Bill functions effectively and that provisions do not capture legitimate content, as she said, such as recording by neighbouring residents of a prison or someone’s dashcam capturing the inside of an open prison from a car driving past.

[Andy Carter]

The Minister mentioned the 2,000 or so cases, over a couple of years, where material has been posted online. What action has been taken to remove that material? Are social media companies working with His Majesty’s Prison and Probation Service to ensure that it is taken down in a timely manner, that prison officers are protected, and in particular that their identities are not disclosed in a way that could cause them danger?

[Edward Argar]

I am grateful to my hon. Friend, not least because he gave me the opportunity to have a glass of water. He is right to raise that point. The figures reflect reported incidents, so the number may well be higher. I met social media companies relatively recently to discuss this matter. They are improving in both speed and in taking things down, but one challenge is often that each social media company has its own rules, guidelines and approach to tackling harmful content, so there is not always a consistent policy approach by each one. Some—I will not name them—have engaged constructively, while others are more challenging to work with. However, across all of them, there is a recognition of this, and the Bill will further reinforce the sense of obligation upon them.

In closing, I reiterate my thanks to my hon. Friend the Member for South Ribble for bringing forward this hugely important piece of legislation and confirm the Government’s continuing support for it as amended, subject to the Committee’s decisions. The Bill will enable us to tackle the issue of harmful prison media being uploaded online. It will allow us to disrupt the continued criminality that that fuels. It will reduce distress caused to members of the public, bolster prison security and ensure that prison staff can go to work without fear of online targeting and harassment. I am pleased to support my hon. Friend in that endeavour.

Amendment 1 agreed to.

Amendment made: 2, in clause 1, page 1, line 7, at end insert—

“(2A) After subsection (1) insert—

‘(1A) For the purposes of subsection (1)(a)—

(a) a photograph taken outside a prison of an image which is being transmitted from inside the prison by electronic communications for simultaneous reception outside the prison is to be treated as a photograph taken inside the prison, and

(b) a sound-recording made outside a prison of sounds which are being transmitted by electronic communications from inside the prison for simultaneous reception outside the prison is to be treated as a sound-recording made inside the prison.’

(2B) Omit subsection (2).

(2C) After subsection (4) insert—

‘(4A) In proceedings for an offence under subsection (1)(aa) it is a defence for the accused to show that they did not know and had no reasonable cause to believe that the photograph was of the inside of a prison.’”—(Katherine Fletcher.)

This amendment clarifies that taking a photograph or making a sound-recording of material transmitted from inside a prison is covered by the existing offence in section 40D(1)(a) of the Prison Act 1952. It also provides a defence in relation to the offence in section 40(D(1)(aa) of that Act.

Clause 1, as amended, ordered to stand part of the Bill.

Clause 2

Unauthorised photographs and sound-recordings of prisons and prison workers

--- Later in debate ---

[Katherine Fletcher]

I thank the members of the Committee for their valuable time today. I particularly want to thank the officials of the Ministry of Justice, the House of Commons Committee Clerks, the Hansard team and the Scottish Parliament and Northern Ireland Assembly officials. Mostly, I want to thank the people who work in HMP Garth and HMP Wymott, and prison officers across the country, for doing what can at times be a difficult job. I hope they will welcome these provisions, which will ensure their further protection at work, tackle harmful prison media, reduce distress for victims, and prevent crime in prisons and the community. I urge colleagues from across the House and in the other place to support the Bill.

[Edward Argar]

I put on record my gratitude to my hon. Friend for her Bill; to right hon. and hon. Members on this Committee; to you, Sir Robert; to the Clerk, who has helped steer the Bill smoothly through its passage thus far; to those who work in our Prison and Probation Service; and to the officials in my Department, who worked closely with my hon. Friend on this Bill and have all done a fantastic job. Although it is slightly invidious to do this, I want to put on the record my gratitude, as part of that team, to Iona, my former Private Secretary, who is now helping to deal with this legislation. It is rare that one gets the opportunity to thank one’s private office.

Question put and agreed to.

Bill, as amended, accordingly to be reported.