The Lord Chancellor and Secretary of State for Justice (Mr David Lammy)
With permission, Mr Speaker, I shall make a statement on Jonathan Hall KC’s independent review of separation centres and the Government’s response to it.
On 12 April 2025, convicted terrorist Hashem Abedi brutally attacked three prison officers in the separation centre at His Majesty’s Prison Frankland. I have seen the CCTV footage of what happened, and it is truly horrifying. I pay tribute to the officers, who I know will continue to be deeply affected by the appalling attack that they suffered, simply for doing their jobs and keeping all of us safe.
As the House will know, separation centres are specialist, high-secure units in prisons, containing the most pernicious extremist and terrorist offenders, determined to spread hate and inspire violence. Extremism in the prison estate takes many forms, but to date, these units have only been used to contain Islamic extremists. They protect other prisoners, staff and the public.
Before responding to Jonathan Hall’s review, I visited HMP Frankland’s separation centre. I met the brave officers who serve there. They are dedicated professionals, doing an incredible and essential job—a public service carried out far from the public view. As the Abedi attack made devastatingly clear, extremism and violence in our prisons are real, present threats, and they must be dealt with decisively for the safety of the British public. The Government appointed Jonathan Hall KC to lead an independent review of separation centres so that we can learn lessons, strengthen our defences and reduce the risk of such an attack happening again.
Following this incident, the Government acted immediately to strengthen protections for frontline staff. One of my first acts as Deputy Prime Minister was to invest £15 million in prison security, increasing the number of stab-proof vests available for frontline officers from 750 to 10,000, with 5,000 specifically for officers working in long-term and high-security prisons, and providing training for up to 500 staff in the use of tasers. I believe that Conservative Members welcomed these moves, but could not explain why they had never made such provision themselves when in government. Staff also have access to a range of protective equipment, including helmets, arm and leg protection, gloves, batons and shields, as well as body-worn cameras and PAVA—pelargonic acid vanillylamide, or pepper—spray, to help keep them safe.
The Government are grateful to Mr Hall for his forensic and thorough work. His findings are clear: the core principle behind separation centres remains sound. Small, specialist units are crucial for managing the most dangerous and influential offenders, not just because of the violent nature of the offending, but because of the risk of radicalisation they pose to other prisoners. They must be kept away from the general prison population, but the system must improve. The report makes 13 recommendations for strengthening safety, sharpening accountability and modernising how separation centres operate. The Government accept all 13 in full, and in some areas will go further. Full details are in today’s Government response, but I will now set out the key themes.
The first focuses on managing risk. When it comes to staff safety, Mr Hall finds that the most dangerous offenders actively seek out weaknesses to exploit, and the underlying risk posed by certain terrorist prisoners can never be entirely removed. The Government are clear that prison staff must be properly equipped to spot those risks and tackle them. Alongside our immediate protective measures, we will continue to invest in the tools, training and support that staff need to manage terrorist risk safely and confidently, including a comprehensive, expert-led review of training for separation centre staff, to ensure that it is tailored to the uniquely dangerous environments in which they work.
The second theme addresses how separation centres work in practice, and how they are led. Mr Hall identifies a clear need to transform the way in which separation centres are governed and operated. That is why we will explore all available options to overhaul the system, including, at the next spending review, the creation of new, tougher super-max-style units for the most violent and disruptive prisoners. This will be a tiered system, with movement between tiers permitted only following rigorous new risk assessments. We will begin designing that system immediately. We will also improve the quality of referrals into separation centres through a single, specialist team with the expertise to produce high-quality, defensible referrals.
The third theme focuses on reform of current policy and law. Mr Hall finds that outdated procedures and legal complexity constrain operational flexibility, undermine prison officers’ professional judgment and expose the system to unnecessary litigation. Conservative Members should pause to consider that they did nothing to fix this mess in order to support frontline staff in doing their job with certainty. This Government are clear that process and policy must support effective risk management, not obstruct it. We have already improved the defensibility of our separation centre policy framework, and we will go further to ensure that it is robust and grounded in operational reality.
The Government remain committed to the European convention on human rights, but commitment does not mean complacency. We recognise the challenges that article 8 can pose for separation centre decision making, which Mr Hall highlighted, and the impact that litigation has on the ability to manage terrorists and other dangerous offenders. Again, unlike the Conservative party, we think that that is wholly unacceptable, which is why we are strengthening internal processes so that they are clear and resilient to challenge, and allow staff to focus on managing risk and protecting the public. We will also consider whether new legislation is needed to protect decisions taken by experienced staff in separation centres from litigation on article 8 grounds. We are exploring the full range of options to deliver that, while being clear that we will remain compliant with our obligations under the ECHR.
The fourth theme focuses on intelligence. Mr Hall finds that current intelligence practices are too bureaucratic and insufficiently focused. The Government have already improved how intelligence is used across the prison estate. The new counter-terrorism training package, which was launched last year, supports staff to identify and act on terrorist-risk behaviour. That is another example of how this Government support frontline workers in a way in which they were not supported previously. We will go further by improving collection practices so that higher-quality and more relevant intelligence is gathered. That will be supported by further training for specialist staff, through work with the security service, to ensure that the most serious risks are managed using the full range of available tools, and that high-quality intelligence directly informs operational decisions.
The attack at HMP Frankland was a stark reminder of the dangers that prison staff face every day. Our response will be decisive and determined. We will strengthen security, better protect staff, and reinforce the resilience of our counter-terrorism infrastructure. We cannot accept the situation that we inherited, in which frontline staff who dealt with the most dangerous offenders had to second-guess their actions. This Government will always stand behind those who stand between the public and danger. We will not shy away from reform in this area, and we will never lose sight of our first duty: to keep the British public safe. I commend this statement to the House.
Madam Deputy Speaker (Ms Nusrat Ghani)
Order. Before I call the Opposition spokesperson and other Members, I note that the Hashem Abedi case, to which passing reference was made, is sub judice. Members should avoid reference to the specifics of such cases.
Nick Timothy (West Suffolk) (Con)
I thank the Justice Secretary for advance sight of his statement, and I welcome the publication of this important review. The Government commissioned Jonathan Hall to produce his report following the very violent attack on three prison officers last April by Hashem Abedi—the man behind the Manchester arena atrocity. I pay tribute to the vital work done by the brave men and women of the Prison Service.
We should be frank about why separation centres are necessary. They house the most dangerous and radicalised terrorist offenders in the country. Charlie Taylor wrote in 2022 following an inspection:
“The centres were designed to be used for prisoners from any political or religious viewpoint, but so far, they have only been used for Muslim men”.
That should not be a surprise, because Islamist extremism is by far the gravest threat that we face, and attempts to pretend otherwise are not only cowardly but enormously counterproductive. MI5 says that 75% of its counter-terrorism work is focused on Islamists, and 61% of terrorist prisoners are Islamists, yet the figures show that only 10% of Prevent referrals are Islamists. The Justice Secretary was clear about the Islamist threat, but even then he felt the need to caveat his comments by saying that extremism in the prison estate takes many forms. Of course it does, but time after time, we hear people in positions of authority refer to acts of terrorism, antisemitic violence, and the poison of intolerance and hatred, without the bravery or honesty to name the ideology behind it all. Its name is Islamism, and it has no place in our country, but if we are afraid to be honest about it, we will never defeat it.
Mr Hall has said that in prisons,
“The impact of Islamist groups has been underappreciated for too long by the authorities.”
He has reported that Islamist gangs in prisons are too often viewed
“purely through the lens of good order and discipline”,
and governors believe that they
“can sometimes provide a degree of calm and stability”.
He has revealed that
“prison officers sometimes appeal to the wing ‘emir’ for their assistance in maintaining good order.”
When will prison inspectors be directed to investigate Islamist extremism? Will the Justice Secretary ensure that known problems, such as gang-enforced sharia courts in prisons, are investigated and reported on? Will he publish information on the number of religiously and ideologically motivated incidents in prisons?
The problems for prisons caused by our human rights laws are well documented. The Justice Secretary said that he would consider whether new laws are needed to limit litigation based on article 8 of the European convention on human rights. Making full use of the Sir Humphrey lexicon, he said that he was exploring the full range of options, but promised nothing concrete, and—as is obligatory in this Government of human rights lawyers—he pledged fealty to the European convention.
Let us consider the recent case of Sahayb Abu, an ISIS terrorist who planned to “shoot up a crowd” of civilians and is serving a life sentence. He was held in a separation centre and made subject to greater restrictions following the Abedi attack. He used article 3 of the convention—which the Justice Secretary did not mention—to argue successfully that his prison, HMP Woodhill, did not take into account his mental health. Will the Justice Secretary tell us how many prisoners are in the process of suing the Government, under the prison rules and European convention on human rights, to escape separation centres and close-supervision centres? What is he doing to prevent them from being awarded compensation? When will he decide whether he needs to legislate to limit the application of article 8? What will he do about article 3 claims like the one made by Sahayb Abu?
Should not the Justice Secretary be open about the reality of his commitment to the ECHR, which he repeated today? It means rights for criminals and terrorists like Sahayb Abu and Hashem Abedi, but danger for prison officers and the wider public. The Justice Secretary can say what he likes about legislating—perhaps, after careful consideration, and in the fullness of time—to avoid litigation based on article 8, but the simple truth is that, as long as we remain in the ECHR, he cannot guarantee a thing. And that is why we must leave.
Mr Lammy
I agree with the shadow Justice Secretary on the dangerous radicalised offenders we are talking about. I sense some cross-party agreement on that and on the importance of the work being done here. He rightly talks about Islamic extremism in our prisons being the main context, and I agree. Some 254 prisoners are in custody for terrorism and terrorism-connected offences in England and Wales, according to the latest figures, and 60% of them have an Islamic ideology, 30% have an extreme right-wing ideology and 10% were categorised as holding other ideologies. He is right that in these separation centres, as I conveyed, we are dealing with Islamic extremism, and it is pernicious and challenging.
The shadow Justice Secretary talked about gangs. Most prisons show no evidence of extremism based on gang activity. Where it does exist, we have a zero-tolerance approach and encourage staff to clamp down swiftly on any threatening behaviour. Jonathan Hall talks about the important training that is necessary in this area. That is why we will be investing in training counter-terrorism specialists and intelligence officers to identify and disrupt gang activity in particular.
The shadow Justice Secretary also talked about previous work in this area. Our internal assessment is that 208 out of 230 recommendations have been completed from all the other reviews that have looked at counter-terrorism work in prison, some of which he will have commissioned during his time in the Home Office. Only seven of those recommendations were rejected, and 15 remain open. All the open recommendations are from more recent reviews and are being actively worked on. Some of them require legislative changes.
We recognise the use of article 8 and article 3 by this group of prisoners, but we are absolutely clear that leaving the European convention on human rights—a convention that was championed by Winston Churchill—would leave children, the elderly and many vulnerable victims, like those of John Worboys, the 97 killed in the Hillsborough disaster and British troops who died in Iraq, in the most vulnerable position. We cannot and must not do that, so first, we are looking closely at the guidance, as I indicated, and secondly, we will explore legislative obligations. That is the sensitive and detailed work that we must do, because we do it within our existing obligations to the ECHR.
Madam Deputy Speaker (Ms Nusrat Ghani)
I call the Liberal Democrat spokesperson.
Jess Brown-Fuller (Chichester) (LD)
I want to begin by paying tribute to those officers who suffered an appalling assault simply for doing their job. They and their loved ones will continue to feel the effects of that day for years to come. They deserve not only our thanks, but the assurance that everything possible is being done to prevent anything like this from ever happening again.
That attack exposed serious weaknesses in how separation centres are run and made clear the need for urgent change. The Liberal Democrats therefore welcome the independent review conducted by Jonathan Hall KC and the work he has done to examine how these centres operate and what steps are needed to strengthen safety and security, so that something like this never happens again. Getting separation centres right is crucial for the integrity of our prison system and for the staff, who should never have to put their health or lives at risk simply to do their job. These facilities must be fit for purpose and capable of securely managing the most dangerous extremists and terrorists.
The Ministry of Justice has been left firefighting crisis after crisis. If we are serious about restoring confidence in the justice system, we cannot afford complacency, especially when dealing with the most dangerous offenders. It is right that the Government are taking action, and I ask the Secretary of State today to set out a clear timeline for the implementation of those 13 recommendations and when the House will receive an update on the progress. Will he commit to a follow-up report, to assess whether these changes have genuinely improved safety and effectiveness?
A recent report on separation centres by His Majesty’s inspectorate of prisons found that staff support and mandatory training were applied inconsistently across the prison estate. At one site, almost half of officers said that insufficient attention had been paid to their mental health, and at both centres, more than a third said they needed additional training to feel confident in their role. Will the Secretary of State update the House on whether conditions have improved since that report? If not, what concrete steps is he taking to address those gaps in training?
Mr Lammy
We will continue to place individuals in separation centres, and Mr Hall’s review confirmed that they remain a vital part of our strategy to manage the most significant terrorist risks in our prisons. I am pleased that there is cross-party support for that.
The hon. Lady asked whether I would update the House on progress as we move to implement Jonathan Hall’s recommendations. I will seek to find ways to update the House as we do that, but I have indicated that some of those recommendations will have some bearing on the next spending review and on legislative timeframes, so I suspect they will go beyond this Parliament.
The hon. Lady rightly mentioned the mental health of the officers involved. To be attacked in that way involves tremendous trauma for those officers, who are putting their lives at risk on a day-to-day basis, as well as for their families and the other officers in the building who remain to deal with the aftermath of those attacks. The training is vital, and she is right that it cannot be inconsistent. That is why the Government’s response today is underpinned by the need to ensure that the intelligence agencies and counter-terrorism are working hand in hand with our experts in prisons to get this right, and that we approach these offenders with a degree of cynicism and scepticism as to their ability to refrain from the ideological conviction that clearly persists.
Sir Edward Leigh (Gainsborough) (Con)
I agree with everything the Justice Secretary says about making these places safer, but I have been reading the report from the prisons inspectorate, which said that although separation centres were generally safe, there was not enough skilled focus on deradicalisation. This is a highly complex area. Although I do not want to sound like a weak and washy liberal, we believe that prisons are about not just punishment but redemption. The Secretary of State may not be able to reply now, but could he write to me about what skilled psychological pressures we are using on these people to try to change their behaviour. There are many good Muslims who totally abhor violence whom we could perhaps involve in the process. Maybe I am being naive, but I think it is a question that needs to be asked.
Mr Lammy
I recognise in the question the power of the right hon. Gentleman’s Catholicism and belief in redemptive capacity. It is important that we have the best psychiatrists and those with the necessary psychosocial skills working with this group of offenders, but I am convinced that we must remain cynical and cautious in relation to that group, recognising that someone can present for years as a passive, compliant prisoner and yet down the line suddenly attack prison officers in the way that we saw.
Sir Julian Lewis (New Forest East) (Con)
I entirely agree with what the Justice Secretary says about the dangers of deception. It is also concerning to note that people are now trying to use a mental health argument to get out of separation centres, given that anyone who holds a fanatical Islamist, Nazi or revolutionary view from some other doctrine has, by definition, a mental health question mark over their personality. I appreciate that he may have to write to me afterwards, but can he indicate what proportion of people imprisoned for terrorist offences related to Islamism are in separation centres, and what proportion are in the rest of the prison estate? What is known about the number of other people who have been radicalised by Islamist extremist prisoners in those parts of the prison estate that are not separated out like the units with which he is primarily concerned today?
Mr Lammy
I am happy to write to the right hon. Gentleman with the detail, because it is a very good question. There are 254 prisoners in custody for terrorism or terrorism-related offences, 60% of whom have an Islamic ideology, and all the prisoners in our separation centres come from that cohort. He will recognise that that is a tiny proportion of the rising population in prison who say they are of the Muslim faith. It is important to emphasise that. However, radicalisation is a bigger thematic area than just the work of those extremists in separation centres—he is absolutely right—and we have to continue bearing down on it. I have discussed this in Committee stages of Bills under the previous Government. It remains a long-standing issue and will continue to be, I suspect, for decades to come.
Ben Obese-Jecty (Huntingdon) (Con)
I wholeheartedly agree that our most dangerous prisoners should be dealt with appropriately, but I will touch on an adjacent point around prison capacity. We are aware that the Government are in the process of rolling out more prison places—around 14,000—but we are also aware that none of those prison places are currently designated as category A. Looking at the most recent statistics for the beginning of the year, we see that of the available capacity in the prison system, only 12% is category A. Is the Justice Secretary confident that there is enough remaining capacity in the prison system at category A level, given that the remaining prison places planned are categories B to D? What is the number of available prison places remaining that will trigger a need for us to build out that capacity?
Mr Lammy
I was very pleased to say in oral questions that we are turning the tide on the prison capacity crisis that we inherited. In the context of my statement, I talked about a tiered approach—yes, a supermax approach, but on more than one site. As we enter a spending review and I make that case, as well as the case that Jonathan Hall makes, by definition and necessity the places will have to be category A—at the highest tier—for this group of prisoners. It is important, as we saw after the incident at Frankland, that we are able to move prisoners to other high-security sites; we have Belmarsh prison here in London, which I visited early in my post. The hon. Gentleman is absolutely right; we will need to have those places, and I am happy to write to him with more detail.
Jim Shannon (Strangford) (DUP)
I thank the Secretary of State for his statement and his careful words. In Northern Ireland, we operated segregation in our prisons during the troubles, and we found that it was essential to keep those who were able to turn moderates around into fanatics away from the general populace. However, for most of that time, we did not have to wrestle with the ECHR. In matters of national security, we have the right to restrict privileges, such as privacy and the right of assembly. Will the Secretary of State exercise those powers to keep in isolation those whose very presence is dangerous?
Mr Lammy
I recognise that the hon. Gentleman has great experience of staring in the face, and at the consequences of, terrorist and extremist behaviour. It is important that we remain in the ECHR framework and that we bear down on excessive litigation. It is also important that the guidance is clear for the staff who have to work within this framework and that, where we can, we look at capping compensation payments, for example, and other areas. We will continue to review how, staying within the law, we do not create an excessive and unbearable environment for those who have to work there and protect us all.