Prison Staff: Health and Safety

Bambos Charalambous Excerpts

Wednesday 18th March 2020 Westminster Hall

[Bambos Charalambous (Enfield, Southgate) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Robertson. I thank my hon. Friend the Member for Easington (Grahame Morris) for having secured this important debate, although he sadly cannot be here today, and the hon. Member for East Lothian (Kenny MacAskill) for doing such an excellent job in taking it up in his absence. I also thank all the right hon. and hon. Members who have spoken for their excellent contributions to this debate; they have made some outstanding points, which I will touch on in my remarks.

Let us be in no doubt: our prisons are now more dangerous for prison officers, offenders and other staff than they have ever been. Staff working in our prisons now go to work fully expecting to be assaulted. In the latest safety and custody statistics published by the MOJ, we find that there were over 10,000 assaults on staff in the 12 months to December 2019, and close to 1,000 serious assaults on staff over the same period. Those are dramatic increases on the 2010 figures—just under 3,000 assaults on staff and just under 300 serious assaults on staff—which demonstrates a marked decline in both health and safety in our prisons. Nobody should ever have to be fearful of assault when they go to work every day, and it is shameful that this has become such a common occurrence across the prison estate.

There is no doubt that this horrific decline of health and safety in prisons is due to the huge numbers of prison officers who have left the Prison Service since the Government took office. I particularly want to mention the remarks of the right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts) about Berwyn jail, which I have visited; it is a new jail that has huge space. I also visited Cardiff jail with her a year ago, which was very different. Clearly, however, these issues are relevant no matter where a prison is, because as the hon. Lady said so eloquently in her remarks, they are issues of culture and of support for staff.

The 2018-19 annual report by Her Majesty's chief inspector of prisons stated that although

“There had been efforts to recruit and train new prison officers…many prisons still lacked a fully experienced workforce.”

That point has been made by all Members who have contributed. Even the Ministry of Justice’s own permanent secretary, Sir Richard Heaton, has said that the reduction in staff numbers

“has been detrimental to security, stability and good order in prisons”.

Since 2010, the Prison Service has lost close to 3,000 band 3 to band 5 prison officers, who work in frontline roles on the wings and the balconies, and over 6,000 prison officers in total. Between 2010 and 2015 alone, the Government oversaw a situation in which the number of band 3 to band 5 frontline staff fell by over a quarter.

Although there have been some recent signs of positive improvements, the latest statistics show that the overall number of officers is once again falling, demonstrating that the Government have reached the peak of what their existing recruitment strategy can deliver. The number of experienced officers who have left is particularly concerning, with the proportion of officers who have three or more years’ experience having fallen from almost 90% in 2010 to just over 50% in 2019. These are points that have already been made by the hon. Member for East Lothian and by the hon. Member for North East Fife (Wendy Chamberlain).

The role of a prison officer is not an easy one, nor is it one that can be easily taught in the classroom, so they urgently need training in order that they can gain experience. It is hard work, and it takes years of on-the-job training for new officers to learn their trade. The absence of experienced officers to mentor and guide them makes it even more of a challenge; the hon. Member for North East Fife emphasised the fact that it is not just physically demanding, but demanding on mental health, and the need for more support for those officers. The Government must not only redouble their recruitment efforts, but put in place a real retention strategy to stop so many new and experienced officers leaving the service.

The Government will inevitably try to lay the blame on other factors, including the widespread proliferation of drugs, particularly new psychoactive substances, as a cause for the rise in violence, and they have set out several measures by which they claim that they will be able to curb the trade in and use of illegal substance behind bars. The hon. Members for Strangford (Jim Shannon) and for North Ayrshire and Arran (Patricia Gibson) both spoke about why drugs are so prevalent in our prison estate.

We support any efforts to clamp down on illegal drug use in prisons, which is putting prison officers’ and offenders’ safety at risk, but we are clear that the situation has been exacerbated by having insufficient prison officers to keep the situation in check, and that the flash technology that the Government seek to introduce is no replacement for experienced prison officers.

The Government must immediately seek to curb the rate at which experienced officers are leaving the prison system, and incentivise those who have left to return. A first step in doing so, in partnership with trade unions representing staff in prisons, would be to sign up to the “Safe Inside Prisons” charter that has been drawn up by staff with first-hand experience of working in dangerous conditions in prisons—all hon. Members in the debate have noted the excellent work that the Joint Unions in Prisons Alliance has done on that. Doing so would show the prison workforce the respect they deserve for the work they do, and demonstrate that the Government take their welfare seriously.

On the issue of the prison estate, the hon. Member for Henley (John Howell), who I have served with on the Justice Committee, made some excellent points about the need for leadership and more funding in the prison estate, and also the need for purposeful activity. Those are absolutely essential points that need to be heard by the Minister about what needs to be done to ensure that prisoners have things to do, but in a safe environment.

Under the previous prisons Minister, the Government promised a range of items of personal protective equipment, such as police-style rigid handcuffs and body-worn cameras, but the roll-out of the equipment has been woefully inadequate, with insufficient training provided to officers in their use and many cases where the equipment just has not been provided to their prisons. A body-worn camera would also provide little comfort to a prison officer who has just been assaulted. They want and need the measures to stop such assaults happening in the first place, which is why it is so important to have sufficient experienced prison officers in our prisons.

Finally, the Government must address the huge problems that they have created for themselves by raising the retirement age for prison officers to 68. That point was made forcefully by the hon. Members for East Lothian and for North Ayrshire and Arran, and rightly so. With such a physically demanding role, prison officers must be fully fit and sufficiently able to react in quickly changing environments, as required by the fitness test that they must complete. The public expect nothing less from those keeping them safe.

Yet the Government seem to believe, contrary to the MOJ’s own admission, that prison officers are able to carry out their demanding roles as they get older, ignoring significant concerns over safety in the process. The simple truth is that they cannot and they should not be expected to; 68 is too late as a retirement age for prison officers. The Government should now meet the POA and other staff representatives to resolve the concerns that prison officers have about retirement and their safety in prisons as they get older, and not try to pin the blame for the rise on staff.

With the growing spread of coronavirus across the country, there are also significant concerns for the health of prison officers and prisoners, who are locked up in a closely confined space in which viruses can spread like wildfire if not effectively controlled. I know the Government published a statement on their preparedness for dealing with covid-19 in prisons last Thursday, but I would be grateful if the Minister, in his response, could set out what measures are in place to ensure a safe staff-to-prisoner ratio in prisons if prisoners are hospitalised or forced to isolate, and how many prison officers and prisoners are currently isolated due to covid-19, including how many have tested positive.

With prisons still operating normally as of last Friday, including allowing visitors, do the Government have any plans to change this? If so, by when? What are the contingency plans in place should a significant number of covid-19 cases emerge in prisons? We would also welcome regular updates from the Minister on the number of prisoners, prison officers and other staff who have isolated or tested positive for covid-19, and on how the MOJ is responding to the situation.

For years, we have been warning repeatedly against the savage cuts made to the Prison Service, and about the effect that they would have, and have had, for prison officers forced to work in increasingly dangerous conditions. We have called for the Government to implement a real retention strategy for prison officers, to stop the exodus of experience from the Prison Service and to help protect health and safety, but they have not listened. In light of the testimony of prison officers and of the challenges, abuse and danger they face that we have heard about this morning, it is time they listened.

Sports Coaches (Positions of Trust)

Bambos Charalambous Excerpts

Wednesday 4th March 2020 Westminster Hall

[Tracey Crouch]

As somebody who coached in football for a very long time, I understand where the hon. Lady is coming from. I completely agree that the relationships that coaches build with the people in their care as they develop in their sports journey are incredibly important. I vividly remember an email that I received from somebody after the abuse stories came to light. They were also a teacher, but they had not realised that the positions of trust legislation, under which they operated every day in their professional life as a teacher, did not extend to times when they independently stood at the side of a football pitch as a coach.

Our colleague, the hon. Member for Rotherham (Sarah Champion), has done some excellent work on this matter. The report from the all-party parliamentary group on safeguarding in faith settings should be required reading for anyone who cares about the issue.

We should perhaps reflect briefly on why we have that particular section of legislation in the 2003 Act. People who work in schools, as carers or as youth workers, will have gone through the required disclosure and barring service checks. Although some might fall through the cracks, ultimately, people who pose a known risk to children or vulnerable adults will not, if the system works properly, be allowed to work in that sector. The legislation adds an extra layer of safeguarding to prevent those in positions of trust from forming relationships with children who, although they are over the age of consent, are not considered legal adults and could be abused given the nature of the power balance.

I have spent a significant amount of my life coaching, so I can tell the Minister that I concur with sports and the NSPCC that in sport especially, but not exclusively, the elite pathway is a vulnerable area. In my view, the Ministry of Justice should have acted positively and straightaway to close as soon as possible the loophole in the 2003 Act.

[Bambos Charalambous (Enfield, Southgate) (Lab)]

Some say that because a coach has to have a DBS check, the positions of trust legislation is not necessary. Assistant coaches, however, who are supervised by coaches, do not need to undergo DBS checks and could fall through the cracks. Does the hon. Lady agree that the positions of trust legislation needs to be extended to cover those areas as well?

[Tracey Crouch]

I completely agree; DBS checks should not be the be-all and end-all. The legislation adds an extra level of safeguarding.

When I was dealing with the issue as Sports Minister, it was claimed that if the legislation was extended to sports coaches, it would also need to be extended to music teachers, private tutors or, as my hon. Friend the Member for Gloucester (Richard Graham) has called for, driving instructors. My response, as the daughter of a social worker who spent her life dealing with child sexual abuse, is, “Yes it absolutely should be.” I fail to fully understand why it should not.

Oral Answers to Questions

Bambos Charalambous Excerpts

Tuesday 25th February 2020 Commons Chamber

[Alex Chalk]

I pay tribute to the hon. Lady for the work that she did in an advice agency. I entirely agree that if early support is provided, it can make an enormous difference in solving problems that would otherwise fester and become more difficult. A pilot is taking place on social welfare law that will consider housing and a raft of other aspects of law, and we will consider that evidence extremely carefully. If the hon. Lady would like to speak with me about it, I would be delighted to do that.

[Bambos Charalambous (Enfield, Southgate) (Lab)]

It is now more than a year since the Government published the “Legal Support: The Way Ahead” action plan as part of their response to the review of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. Since then, hardly any of the deadlines for Government action have been met, including the promise to

“pilot and evaluate the expansion of legal aid to cover early advice in…social welfare”,

which was meant to happen “by autumn 2019.” Will the Minister confirm when we are likely to see the proposals on early legal advice and explain why the Government have completely missed the deadlines in their document?

[Alex Chalk]

Proposals for the early legal advice pilot will sit alongside pilots for co-located hubs and a legal support innovation fund. Those pilots have to be got right, so they are being considered together with academics to make sure that they will work precisely as required, because what is ultimately provided must be evidence-led and based on an exhaustive scrutiny of what works, so that it is sustainable in the long run. That is precisely what we shall do.

Draft Legal Services Act 2007 (Approved Regulator) Order 2020

Bambos Charalambous Excerpts

Monday 24th February 2020 General Committees

[Bambos Charalambous (Enfield, Southgate) (Lab)]

It is a pleasure to serve under your chairmanship, Sir Charles. I welcome the Minister to his rightful place.

As the Minister explained, the order proposes to allow the Institute of Chartered Accountants in England and Wales, as an approved regulator under the Legal Services Act 2007, to license and regulate the administration of oaths by members of the Association of Chartered Certified Accountants. The administration of oaths is a reserved legal activity under section 12 of the 2007 Act.

Since 2018, the institute has regulated and licensed ACCA members for the provision of another reserved legal activity—namely, that of the handling of probate work. As a former solicitor, it pains me slightly that accountants are being given the chance to do more legal work, but it is right and proper that the administration of oaths be licensed and regulated by the institute.

Although we will not oppose the order, I hope the institute will address the criticisms made in the Legal Services Board regulatory performance assessment report of November 2019, which highlights the need for probate disciplinary data to be made available on the “find a chartered accountant” register, and for the institute to improve the transparency of its decision making.

Question put and agreed to.

Draft Legal Services Act 2007 (Chartered Institute of Legal Executives) (Appeals from Licensing Authority Decisions) Order 2020

Bambos Charalambous Excerpts

Monday 24th February 2020 General Committees

[Bambos Charalambous (Enfield, Southgate) (Lab)]

The Chartered Institute of Legal Executives is an approved regulator under the Legal Services Act 2007. Since 1 April 2019, it has had the power to regulate reserved legal activities, as set out in the explanatory notes. Since that power came into force, CILEx has had to set up temporary arrangements to deal with appeals from any financial penalties it has imposed on individuals or alternative business structures, or related to refusals or conditional approvals to grant licences. Clearly, the temporary arrangements, although they are, no doubt, working well and overseen by the Legal Services Board, need to be changed to a permanent system.

The Opposition agree that the first-tier tribunal is the appropriate appellate body for appeals from CILEx for the types of decisions stated for reserved legal activities, especially as it already carries out the same role for appeals from other licensing authorities operating under the 2007 Act, as the Minister mentioned. I have been in contact with CILEx, which sees the order as a positive step that it has anticipated for some time. For those reasons, we will not oppose the order.

Question put and agreed to.

Prisoners (Disclosure of Information About Victims) Bill

Bambos Charalambous Excerpts

2nd reading & 2nd reading: House of Commons
Tuesday 11th February 2020 Commons Chamber

[Bambos Charalambous (Enfield, Southgate) (Lab)]

First, I pay tribute to those who have worked so hard to bring the Bill before Parliament. Marie McCourt’s formidable campaign for Helen’s law in memory of her daughter, Helen McCourt, is the reason we stand here today for the Bill’s Second Reading. Helen McCourt was murdered in 1988. Her body has never been found. Helen’s murderer was released from prison last week and has provided no information about the whereabouts of her body. The unimaginable pain caused to Helen’s family and other victims of such unthinkable crimes is only compounded when they are denied the dignity of laying their loved ones to rest. I also pay tribute to my hon. Friend the Member for St Helens North (Conor McGinn) for his support for Helen’s family with his campaign.

Secondly, I would like to highlight the case of a serious sex offender whose non-disclosure of information about their living victims will cause untold distress to a community for years to come. Vanessa George abused multiple children at the Little Ted’s nursery, where she worked in Plymouth. She was sentenced in December 2009 after being charged with seven offences, including sexual assault and making, possessing and distributing indecent images of children. She was given an indeterminate sentence for reasons of public protection to serve a minimum of seven years for her crimes against toddlers and babies.

Vanessa George was released in September 2019 with a number of conditions, but to this day she has not revealed the names of the toddlers and babies she abused. My hon. Friend the Member for Plymouth, Sutton and Devonport (Luke Pollard) campaigned for such offences to be included in the Bill. He also strongly objected to her release from prison, as he believes, rightly, that her non-disclosure shows no remorse. The nursery where she carried out her horrendous crimes, and the wider community that have been so profoundly affected by her actions, fall within my hon. Friend’s constituency. As the identities of all of Vanessa George’s living child victims are not known, they will not be able to access the emotional and psychological support services that they need as a result of the crimes that she committed against them.

Vanessa George’s conditions of release state where she cannot live and work, and that she cannot use the internet, but they are almost impossible to regulate. More profoundly, affected families were not informed that she would be released and only found out through social media and local news. Put simply, victims and their families who have already suffered psychological harm should not be put through the additional emotional trauma caused by offenders who refuse to disclose information about their victims. When offenders do refuse to disclose information, it is right that they are viewed as still posing a threat to the public.

My party supports the Bill as it will put into statute already established guidance for the Parole Board when making decisions about the suitability of serious offenders for release. The Parole Board’s role is to protect the public by carrying out risk assessments on prisoners to decide whether they can be released safely back into the community. The decisions the Parole Board makes can be life-changing for victims and prisoners, so we must never underestimate the gravity of the conclusions that the panel members come to. The Parole Board’s guidance advises panel members to consider any failure or refusal by an offender to disclose the whereabouts of their victim’s remains when assessing suitability for release. It is also established Parole Board practice to consider the non-disclosure of relevant information by offenders in cases involving living victims. That guidance and practice will now become law under the Bill. It does not change the statutory release test, but rather the Parole Board must consider the non-disclosure of information when applying the release test and making its assessments.

The Bill puts into statute two requirements for the Parole Board. The first is in relation to offenders convicted of murder or manslaughter. The Parole Board will be legally required to consider whether the offender has refused to reveal the details about the location of the victim’s body. The second requirement is in relation to offenders convicted of taking or making indecent images of children. The Parole Board will be legally required to consider whether the offender has refused to reveal details about the identities of the victims.

Some will be disappointed and question whether the Bill’s provisions will make any practical difference, given the guidance that is already followed by the Parole Board. Some may believe that we need a policy of no body, no parole, such as that in force in parts of Australia. As many will know, the Bill is a variation on a ten-minute rule Bill tabled in 2016 by my hon. Friend the Member for St Helens North. His Bill proposed an assumption against eligibility for parole in cases of a convicted offender’s non-disclosure about their victim’s remains. However, it is still right that the Bill is before us and will be put into statute. It has taken over three years, two general elections and two Prime Ministers for the Government to offer their own variation of Helen’s law.

This is a simple Bill, but one that we wholeheartedly welcome. However, as it relates to the release of offenders guilty of some of the most serious crimes imaginable and, according to the Government’s explanatory notes, the consequences of causing additional distress to victims and their families, it is concerning that the Government should have taken so long on such a serious matter. It suggests that the Government still have a long way to go on their commitment to putting victims’ views at the heart of the criminal justice system.

There is much to be done to support victims. Before becoming a shadow Justice Minister, I sat on the Justice Committee for over two years. In 2018, we raised serious questions about the transparency of the Parole Board’s decision making, about the lack of information given to victims and about the lack of emotional and practical support that is available to help victims through the whole process. We raised questions in particular about victims being kept up to date with decisions about the release of prisoners.

The Victims’ Commissioner recently reported on victims’ levels of satisfaction and found they were less satisfied than ever before that their views are heard and taken into consideration. That is no surprise to us, given the distress caused to victims in the cases that I have already spoken about. When victims choose to present their victim support statement to the Parole Board panels, they are agreeing to take part in an incredibly stressful, upsetting and emotional experience as they seek to uphold justice. We raised concerns that not enough is being done to give victims the practical and emotional support they need during these oral hearings. In the two serious and well-known cases that I outlined at the start of my speech, victims have voiced their anxiety, distress and frustration at the parole process.

In another well-known case, Ian Brady and Myra Hindley refused to disclose the location of the body of Keith Bennett, the young boy they murdered in 1964. Keith’s mother, Winnie Johnson, tirelessly made the case to keep Ian Brady from being released into the community, unless he revealed information about the whereabouts of Keith’s body. Winnie was denied the right to give her son a dignified burial and to lay him to rest, and she died before ever finding her son.

I know that society can never fully take away the grief and distress of victims of serious crimes, but the Government should be putting every effort into alleviating some of the pain and making the parole process at least bearable. Years of cuts undermine the hard work of staff across the criminal justice system and specialist support services. As I mentioned, the decisions the Parole Board takes are life-changing for victims. So, to conclude, it is clear that, although Labour Members welcome this Bill, we will not allow the Government to be complacent, either in their duty to protect the public or in their duty to support victims who are already suffering such immeasurable pain.

--- Later in debate ---

[Bambos Charalambous]

With the leave of the House, it has been heartening to hear so many thoughtful and passionate contributions to this debate from across the House. One thing that is very clear is the universal support for the Bill to pass through its next stages and become law.

I wish to pick up on some of the points raised in the debate. The hon. Member for South Basildon and East Thurrock (Stephen Metcalfe) gave a moving account of his constituent and her suffering. The facts of that case are very similar to those in the case of Helen McCourt. My hon. Friend the Member for St Helens North (Conor McGinn) spoke with great passion in a brilliant speech that encapsulated the spirit and essence of why we are here today. The hon. Member for Telford (Lucy Allan) shared her insightful experience of her dealings with the Parole Board and explained why there is a need to reform it. That may be outside the terms of this Bill, but it is also an issue that we take into account.

My hon. Friend the Member for Plymouth, Sutton and Devonport (Luke Pollard) spoke with genuine passion about the need to learn from experience and the need for change and why the Bill also encapsulates the abuse of children and the unspeakable and unimaginable pain and suffering when victims are not identified. The hon. Member for South Cambridgeshire (Anthony Browne) talked about the need for closure, his experience at the twin towers at ground zero and the people who are unable to find closure, and why this Bill is so important to find closure. The hon. Member for Bury North (James Daly) spoke about his experience as a criminal lawyer and the need for public protection and rehabilitation. Again, these are areas that need to be impactive.

The hon. Member for North West Durham (Mr Holden) spoke about the need for the Bill to be extended to other areas, which was also touched on by the hon. Member for Sevenoaks (Laura Trott). That may be an issue that we can come to in Committee, but these are important issues that we need to consider. The hon. Member for Ashfield (Lee Anderson) talked about the cruelty that continues if the location of the body is not disclosed. That is the enduring suffering that the families of the victims who are unable to get closure have to experience.

I hope the Minister considers the important points raised in this debate. There is an issue about the Parole Board, the need for communication, the need for regular updates and transparency about the workings of the board. The Bill is right and we need to make sure it passes through all its stages. Knowing where a victim’s remains have been disposed of, or the identity of children who are the subject of indecent images, and not disclosing the information must surely be an indication as to whether a prisoner has truly shown remorse or not. The victims must be properly supported and must be put at the heart of our justice system.

Serious concerns have been raised in the debate, particularly about the transparency of the Parole Board’s decisions, the lack of information communicated to the victims and the lack of support they are given throughout the parole process. However, as has been stated by Members, the Bill is an example of what can be achieved through cross-party co-operation. I very much hope that it is put on to the statute book as soon as possible. Labour will certainly be voting for the Bill today on Second Reading. I very much look forward to taking part in the Committee stage and Third Reading.