Safety in Custody and Violence in Prisons

Debate between Baroness Chapman of Darlington and Andrew Selous

Monday 9th May 2016 Commons Chamber

[Andrew Selous]

The hon. Lady is a member of the Select Committee, is very knowledgeable and takes these issues extremely seriously. One issue not yet mentioned today is that we are significantly improving prison officer training. It has increased from six to 10 weeks, and we are providing officers with the additional skills they will need to be able to cope. Training on its own, of course, is not enough, which is why I reiterate to the hon. Lady the commitment I have made several times today to carry on recruiting at the rate we are recruiting to get up to the benchmark level. In December 2014, the number of vacancies for prisoner officers was 5%; it is now 2%, and I want to see it at 0%.

[Jenny Chapman (Darlington) (Lab)]

I have heard these sort of remarks from the Minister so many times—too often to have any confidence that he is going to do anything at all about this problem. It is a problem of this Government’s making, when they let far too many officers go in the first half of the last Parliament. Now the Minister’s problem is not just about numbers; it is about the experience of staff. We now have experienced inmates and inexperienced staff—and this is what happens as a result. What is the Minister going to do not just to get the number of officers in, but to ensure that they are properly trained, supported, mentored, developed and assisted in their early years of learning jail-craft? If he carries on as he is now, these problems will never be resolved on his watch.

Prisons and Probation

Debate between Baroness Chapman of Darlington and Andrew Selous

Wednesday 27th January 2016 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Andrew Selous)]

We have had an excellent debate, with 22 Members taking part. I want to start, as others have, by putting on record my thanks to the men and women of our probation and prison services. They are outstanding public servants. They are often not in the public eye and do not get the thanks and appreciation they deserve. Probation officers make difficult professional judgments every day, often to tight timescales for the courts and the parole service. Prison officers face unacceptable violence, which we do not tolerate and are determined to reduce.

The Government are not in denial about the problems we face. We are not rehabilitating or reducing reoffending enough in order to keep the public safe. That is why our reforms are so vital, to protect the public by better rehabilitating offenders. That is why I am delighted that we have more support for prison reform from the top of Government than we have had for very many years. Reoffending has been too high for too long. That is why we have brought together the best of the voluntary, charitable and private sectors to join our excellent public service probation workers in bringing in our probation reforms. That has meant that we have extended probation supervision to some 40,000 short-sentence offenders who did not get it before. We have also introduced a through-the-gate service, joining up probation from prison into the community.

We have created the National Probation Service, and I should tell Members that 19 of the 22 CRCs are being run with a staff mutual or a voluntary, charitable or social enterprise sector body alongside their owners. We monitor their performance very carefully indeed, and the October 2015 performance figures showed that we are advancing in performance in almost all areas. South Yorkshire CRC has developed an action plan to deal with the issues it faces, but I can tell the House that no CRC is in a formal remedial plan. I can also tell the House that there are 560 more probation officers than there were 12 months ago. That is the largest intake of newly qualified probation officers for some considerable period.[Official Report, 23 February 2016, Vol. 606, c. 4MC.]

In the Prison Service, we saw a net increase of 540 prison officers in the year to 30 September last year. We have appointed some 2,340 extra prison officers. As of last week, we have increased prison officer training to 10 weeks, to make sure they are able to deal with many of the serious issues that colleagues from around the House have mentioned. We are going to carry on recruiting at that rate to make sure that we run safe prisons.

Many Members raised the very serious issue of self-inflicted deaths. I want to reassure the House that the Justice Secretary and I continue to take it very seriously indeed. We have acted on the vast majority of the recommendations of the prisons and probation ombudsman and will continue to do so. We have put more money into providing safer custody in prisons and at a regional level. We have also revised and improved our case management system for at-risk prisoners, which is being implemented.

We are reviewing early days care—sadly, prisoners often take their life in the first few days of their sentence. I draw the House’s attention to our extensive use of the Samaritans-trained prisoner volunteer listener scheme. That is extremely worth while and very much appreciated by prison officers.

I attend every single inter-ministerial group on deaths in custody and will continue to do so. We will carry on learning lessons around the system.

[Jenny Chapman]

rose—

[Andrew Selous]

I will mention the hon. Lady’s points. I regularly meet victims and commit to keep on doing so, but she raises a good point. I will increase the amount of victims that I meet, specifically and particularly the families of those who have lost their life in prison. However, as the prisons and probation ombudsman has said, there is no simple, well-evidenced answer as to why self-inflicted deaths have increased so sharply.

Many Members mentioned violence within our prisons. We are taking a lot of measures to equip prison officers better. We are trialling body-worn cameras in 23 prisons. That evaluation is progressing well, and both staff and prisoners see the benefits of it. We are ensuring that every conversation a prison officer has with prisoners is productive and supportive.

We have better multidisciplinary case management involving psychologists and mental health workers to get on top of violence in prisons. For the first time, we have introduced a national protocol to ensure that the police and the Crown Prosecution Service work as closely as they should with the National Offender Management Service to ensure that cases are dealt with seriously. I will take up the specific case that the hon. Member for Lancaster and Fleetwood (Cat Smith) mentioned, when a victim impact assessment appears not to have been addressed in time. We have given clearer guidance to staff on defending themselves and will do everything to get on top of this issue, which is not acceptable. A positive, rehabilitative culture, with rigorous education, purposeful work and strengthened family links, is absolutely central to dealing with it.

Part of the reason why violence and assaults have gone up is that we have too many drugs within our prisons, specifically the new psychoactive substances. The good news is that this month, at last, we start to test for those new types of drugs, which we have not had the ability to do in the past. We will extend that testing to all prisons by 1 April this year. We are currently evaluating a full-body scanner in one of our prisons, which will give us the technology to help us to get on top of that problem. We have trained drug dogs and made it illegal to throw anything over the wall—it was not illegal in the past—and we are communicating in every possible way with prisoners about the dangers of those substances.

As many Members have said, there are too many mobile phones within prisons. We are acutely aware of that and are investing in new technology such as metal-detecting wands, body orifice scanning chairs, signal detectors and blockers, and dogs that can specifically find phones. However, we recognise that more needs to be done. We will carry on until we are on top of that issue.

Many colleagues who have spoken today mentioned the prison estate. It is excellent news that the Chancellor committed to invest £1.3 billion to build nine new prisons in addition to the new prison that we are building in north Wales, which has not had a prison for well over 100 years. We will design out the features of the new prisons that facilitate bullying, drug taking and violence, so that we get on top of those problems.

Many Members rightly said that it is not acceptable that people go into prison with educational qualifications and leave with none. We are determined to do better in this area. We want prisoners to have the literacy, numeracy and information communications technology skills they need to get on, get a job and sustain that job. It is excellent that the Secretary of State has got Dame Sally Coates—

Oral Answers to Questions

Debate between Baroness Chapman of Darlington and Andrew Selous

Tuesday 8th December 2015 Commons Chamber

[Andrew Selous]

We will of course proceed according to the evidence from the initiative we have just launched. The right hon. Gentleman will also know that the Secretary of State has launched an independent review of extremism across the prisons estate. Yesterday, I met the excellent former governor who is conducting the review, and we will report in due course.

[Jenny Chapman (Darlington) (Lab)]

I am afraid there is an ever-widening chasm between what the Secretary of State and the Minister say about what is happening in our prisons and the reality. I do not doubt that the Minister is sincere in his belief that improvements are being made, but, given that in most prisons exercise in the fresh air, which the hon. Member for Bristol North West (Charlotte Leslie) so wishes to see, is limited to just 30 minutes a day and purposeful activity outcomes are currently at the lowest level inspectors have ever recorded, owing to understaffing, how can he suggest that there is anything other than a crisis in our jails?

[Andrew Selous]

I genuinely respect the hon. Lady’s experience in this area, but we have been extremely successful in getting a lot more prison officers on to the landings up and down the country. In the year to 30 September, we saw a net increase of 540 prison officers, meaning less restrictive regimes and more activities. The good news is that we will carry on recruiting at that number up to the end of March next year, when we are seeking an additional 1,700 to 2,000 prison officers.

Prison and Young Offender Institution (amendment) Rules 2015

Debate between Baroness Chapman of Darlington and Andrew Selous

Tuesday 10th November 2015 General Committees

[The Parliamentary Under-Secretary of State for Justice (Andrew Selous)]

It is a pleasure to serve under your chairmanship, Mrs Moon. I will do my best to address the various concerns raised quite properly by the shadow Minister.

This measure will amend the prison and young offender institution rules on the removal of prisoners from association—known as segregation—for the maintenance of good order or discipline or in the prisoner’s interests. It provides that the removal for more than 72 hours must be authorised by the governor, and that the governor must obtain leave from the Secretary of State for longer-term segregation beyond 42 days. The changes were proposed in response to the findings of the Supreme Court’s judgment in the Bourgass case on 29 July, which held that, under the previous rules, the governor could not lawfully authorise segregation beyond 72 hours.

Prisoners may be placed in segregation for two main reasons: under prison rule 55, as a punishment following an adjudication, or under prison rule 45, for purposes of good order and discipline or the prisoner’s protection. The measure applies only to rule 45 and its equivalent rule for young offender institutions. The purpose of segregation under rule 45 is to temporarily remove from general association with their peers any prisoner whose behaviour presents a risk to the good order and safety of the establishment. Prisoners may also be segregated in their own interests.

Of course, segregation must be a last resort and for the least time necessary. The prisoner must be returned to the normal location as soon as it is safe and practicable to do so. Every effort is made to keep prisoners out of segregation and to ensure that, where they are segregated, they can be managed out again as quickly as possible. Various alternative schemes have been developed to manage disruptive prisoners without recourse to segregation, ranging from behavioural management systems on normal location to a series of close-supervision centres for the most disruptive prisoners. Despite the alternatives, many prisons could not function without a system for segregating prisoners.

Segregation under prison rule 45 is never used as a punishment. Discipline issues, including disruptive and violent behaviour, may be dealt with through a range of sanctions under the separate internal prison disciplinary system, or through application of the incentives and earned privileges scheme. Prisoners may be segregated under prison rule 45 only where their behaviour or the risk to them is such that it cannot safely be managed on normal location.

The initial decision to segregate a prisoner for up to 72 hours is taken by a prison governor, with advice from a healthcare professional who has assessed the prisoner’s health and wellbeing with regard to their being segregated. That must be done within two hours of the prisoner first being segregated.

[Jenny Chapman]

Will the Minister explain what a healthcare professional’s assessment should entail?

[Andrew Selous]

I am not a clinician, but, as I will explain, the assessment involves a nurse and a doctor seeing the prisoner every three days to assess their mental state, wellbeing and ability to function well under the segregation regime. If the shadow Minister will allow me, I will say more about the healthcare aspects of segregation in due course.

The prisoner may be returned to the normal location at any time within the initial 72-hour period, if that is considered appropriate, but if they are to remain segregated, a segregation review board must be convened before the 72-hour period elapses to determine whether that is needed. The segregation review board is a multidisciplinary board, comprising an experienced prison governor, who chairs the board, a healthcare professional, and, if the prisoner is at risk of self-harm or suicide, the appropriate case manager. The prisoner will also normally attend. The board should also be attended by a member of the independent monitoring board and other prison staff who know the prisoner and his or her circumstances, as well as a member of the chaplaincy team, the prisoner’s offender manager and a psychologist, if necessary.

The purpose of the segregation review board is to consider and discuss fully all the factors in favour of or against the prisoner’s continuing segregation and, if necessary, to continue to authorise segregation for further periods of up to 14 days at a time. Prisoners held in segregation are not kept in isolation and meaningful contact with other prisoners and staff in the unit is actively encouraged. While a prisoner is segregated, he or she must be visited daily by the governor with responsibility for the segregation unit, by a member of the healthcare team, by a doctor every three days, by the chaplaincy team and by segregation unit staff. At other times, the prisoner will be visited by and have the opportunity to speak to the independent monitoring board member and the governor in overall charge of the prison.

As far as possible, segregated prisoners have access to a regime that is comparable to that on normal location. This includes the usual basic entitlements to social and legal visits, religious services, access to the telephone, showers and exercise in the open air and, where possible, access to a gym. Where possible, association with other segregated prisoners will be facilitated. In addition, they are provided with reading and hobby materials and, where appropriate, in-cell work and education. All prisoners have access to a dedicated Samaritan phone and access to Listeners—the peer support scheme where prisoners help each other on such issues, which is very effective. Access to privileges under the incentives and earned privileges scheme is also possible, depending on the prisoner’s IEP level and compliance with behavioural targets while in segregation. This can include additional facilities, such as in-cell television and radio or CD players.

Prisoners entering segregation are screened to pick up any physical or mental health issues and to assess a prisoner’s ability to cope with segregation. Prisoners are seen daily, as I have said, by a healthcare professional and, every three days, by a doctor. Alternatives to segregation are always sought for prisoners with mental health problems. Location in a healthcare centre or closer management on normal location may be possible. As a last resort, those prisoners with mental health problems placed in segregation will be supported by a mental health in-reach team, and prisoners at risk of suicide or self-harm will have a mental health assessment if placed in segregation and will be observed in line with their individual assessment, care in custody and teamwork plan. The amended rules and new policy introduced following the Supreme Court ruling provide further safeguards.

Rule 45, as amended, provides that governors will need permission from the Secretary of State to segregate for a period longer than 42 days—in practice, from deputy directors of custody—and these reviews continue at 42-day intervals. After six months, a director of the National Offender Management Service must review continuing segregation. For young people, we have halved those time periods to 21 days and three months through policy changes.

We have made other changes to the segregation policy, strengthening guidance to ensure that prisoners are given sufficiently detailed reasons for their segregation and have the opportunity to make meaningful representations against their segregation.

--- Later in debate ---

[Jenny Chapman]

I do not recognise the picture that the Minister paints of life in a segregation unit, but that is not the point. Why does he think that, prior to the judgment, it was seen as desirable, even though it was not implemented in reality—which, I guess, underlines the point I am making—that external authorisation should be sought after 72 hours?

[Andrew Selous]

As I am saying, there is a whole series of checks: at 72 hours, at 14 days, after another 14 days, at 42 days and at six months. In addition to the daily healthcare visits and the visits from a doctor every three days, there is monitoring and oversight of the policy by various other members of prison staff, which I shall come on to.

The Government consider the changes to prison rules and the associated changes to the National Offender Management Service policy on prisoner segregation to be essential, not only to the smooth and safe running of our prisons, but to assuring the wellbeing of those prisoners whom it is necessary to segregate. The Supreme Court judgment of 29 July held that the existing practice whereby a prison governor authorised the segregation of a prisoner beyond 72 hours on behalf of the Secretary of State to be unlawful, given the construction of the prison rules. Up to that point, governors had always authorised segregation beyond 72 hours.

Following the Supreme Court judgment, we considered two broad options to comply with it. The first option was to implement an independent review process under the then existing rule 45(2) that would allow an official, who was external to the prison, on behalf of the Secretary of State, to authorise segregation beyond 72 hours and each subsequent period up to 14 days. Consideration was given to these decisions being taken by someone external to the prison, such as the independent monitoring board, the independent adjudicators, the deputy director of custody, or a central committee of caseworkers. There are a number of problems with that option. It would mean that a person who is detached from the detailed circumstances of the case and the day-to-day prison environment would be taking a decision. Such a system would not allow the prisoner the opportunity of making real-time representations against his or her segregation.

Each option would present considerable logistical and resource problems, given that approximately 24,000 segregation decisions of this kind are made every year. It is clear that any decision taken by a body independent of the prison at this stage, with such large numbers of reviews, would need to be taken on paper alone, given the sheer volume of cases, and therefore would add little to the quality of decision making.

The decision to segregate a prisoner can often be a fine balance between what is in the best interests of the individual prisoner, and the interests and safety of the wider population of the prison. That decision is often informed by a detailed, hands-on knowledge of the dynamics of the prison at a particular period and how a prisoner’s behaviour may be safely managed within that specific dynamic. The existing system of internal authorisation by the governor is taken on the advice of the segregation review board, which consists of a range of people who know the prisoner and the prison, and to which the prisoner is able to give a first-hand account of his or her views, which is particularly important given that prisoners often have poor written and language skills.

The second option considered how greater procedural fairness could be achieved within the existing authorisation process, including by amending the prison and YOI rules to allow governors to authorise segregation beyond 72 hours for periods of up to 14 days.

After careful evaluation of all the evidence, it was decided that the second option—a decision taken by the governor on the advice of the multi-disciplinary segregation review board—provides the best and safest system of ensuring that segregation decisions are fair and proportionate, and protects the interests of the prisoner concerned as well as the wider population of the establishment. Further safeguards and enhancements to the procedural fairness of the overall system were also made, as I described earlier, including two additional layers of review by experienced senior officials outside the prison. That provides important additional safeguards. This is a comprehensive system of review with the necessary checks and balances in place to ensure that both prisons and prisoners are safeguarded.

Following the Supreme Court judgment in July, the Government have taken immediate action to ensure that a lawful and procedurally fair system is in place. We are confident that it is the best and safest system for prisoners in segregation. It was decided that, because of the urgency of the situation, it was not possible to undertake consultation widely before the rules came into force. The shadow Minister and others will be pleased to know that a consultation process began on 9 September, with a closing date of the end of October. I assure Members that their comments will be taken into account fully during the current segregation policy review and will inform the need for any possible further amendments to that policy or the prison and YOI rules. Any amendments that are necessary, including further possible amendments of the rules, will be taken forward as part of that work.

It is vital that prisons can manage the most challenging behaviour from prisoners through a safe, fair and lawful system of segregation. These amending rules and the supporting NOMS segregation policy provide such a system. I hope that Members agree that these measures provide a sensible, safe and proportionate response to the Supreme Court judgment.

The shadow Minister asked how we will ensure that the rules are adhered to. There is significant external monitoring. The NOMS audit team will monitor adherence to the process. The deputy directors of custody—in effect, the immediate line manager of governing governors of prisons—regularly visit segregation units, in addition to the 42-day check that they must make. The independent monitoring boards—which are, of course, external to prison—and volunteers from the local community also regularly visit. The governing governor will visit care and separation units weekly at the very least.

The shadow Minister also asked me about support for making representations. Our policy requires an officer or governor to support a prisoner in making representations, particularly where there are language problems or learning disabilities. That support will involve sitting down with them and helping them to write a statement, if that is needed. I hope that hon. Members can see that we are taking a fair and proportionate approach to this serious issue. These are serious matters, and we need to get them right. I commend the rules to the Committee.

Question put and agreed to.

Resolved,

That the Committee has considered the Prison and Young Offender Institution (Amendment) Rules 2015 (S.I. 2015, No. 1638).

Transforming Rehabilitation Programme

Debate between Baroness Chapman of Darlington and Andrew Selous

Wednesday 28th October 2015 Westminster Hall

[Andrew Selous]

I am grateful to the Chair of the Select Committee for raising that important point, which other Members also raised. What I would say to everyone here today and to all those who are listening to the debate, or who will be reading it later, is that the voluntary sector is a precious asset. We do not have a right to it. These people have shown good will, and many of them have given up their time and shown a serious commitment to helping us with these issues. We have a duty to nurture and treasure them, and I want to make sure that we use them as effectively as possible—and sometimes perhaps a little more strategically than we have done. However, I do get the importance of valuing the voluntary sector.

I want now to move on to my substantive remarks, about the reason for introducing the reforms. The reoffending rate has decreased by 2.3 percentage points since 2002, to 25.3% at the end of September 2013. However, the group of offenders with the highest reoffending rates remains those sentenced to less than 12 months in custody. Almost 60% of those adult offenders go on to reoffend within a year of leaving prison. They are the one group that previously remained out of scope for statutory supervision and rehabilitation in the community. As many have said and as I am sure we all agree, that statistic is evidence that a new approach was needed. We came to office in the previous Government determined to change that and, as a result, implemented the transforming rehabilitation reforms, better to focus the system on reducing reoffending, protecting the public and providing greater value for the taxpayer.

The key point is that we would not have had the money to introduce supervision for the under-12-month group without the reforms. No Member who has spoken has mentioned that. We could not have done what everyone has called on us to do without putting in a lot of extra money that was not available.

[Jenny Chapman]

I want to put that right: the proposal that the Opposition made at the time was backed by the chief officers of probation trusts, who were willing within existing budgets to take on that responsibility, and in some cases were already doing so. What has been happening was not necessary.

[Andrew Selous]

I disagree with the hon. Lady that it could have been done within existing budgets, because it meant 45,000 extra offenders a year having probation supervision. That is why we needed to bring other players to the table.

The Offender Rehabilitation Act 2014 made a number of changes to the sentencing framework, most notably by providing that everyone released from short sentences will now receive 12 months of supervision in the community, which did not happen before. That, as I mentioned, represents some 45,000 offenders, so we needed to make significant structural changes to both the probation and prison services. Offenders who pose a high risk of serious harm to the public, or who have been convicted of the most serious offences, are being managed in the public sector under the National Probation Service, which sits within the National Offender Management Service. Medium and lower-risk offenders are being managed by the 21 community rehabilitation companies, which remained in public ownership until 1 February, when eight new providers took ownership of them and began running them.

The CRCs are being run by a diverse group, including a range of voluntary sector providers with experience in rehabilitating offenders. Those providers will be remunerated via a system that rewards them for reducing reoffending: payment by results.

--- Later in debate ---

[Jenny Chapman]

Will the Minister give way?

[Andrew Selous]

I want to do something that the hon. Lady called on me to do—to thank the probation staff who have worked very hard through a difficult time. Change is never easy, particularly if it is being applied to people under a new organisation. The staff continue to work hard and to engage proactively with the reforms.

[Jenny Chapman]

The Minister said that we have been attacking the probation service. I want to make it crystal clear that we are not attacking the probation service. We are attacking him.

[Andrew Selous]

I mentioned that the hon. Lady has been attacking the reforms. I was explaining why we needed them, and that performance has been broadly consistent, which is no mean achievement through a period of substantial initial change.

Prisons: Planning and Policies

Debate between Baroness Chapman of Darlington and Andrew Selous

Thursday 15th October 2015 Westminster Hall

[The Parliamentary Under-Secretary of State for Justice (Andrew Selous)]

It is a pleasure, as always, to serve under your chairmanship, Mr Walker. I thank the colleagues who have spoken so knowledgeably in this debate; I know that they all care deeply about the issues, and I am grateful for their remarks and the expertise that they bring to our proceedings.

Let me start with the issue of prison reform, about which much has been spoken. It is true that our thinking on the issue is emerging and developing; I am grateful to the hon. Member for Darlington (Jenny Chapman) for her support for what she has heard so far. As she and others have said, it is clear that our current system fails to rehabilitate offenders and ensure that criminals are prevented from reoffending. Our prisons must offer offenders the opportunity to get the skills and qualifications that they need to turn their lives around, particularly qualifications that have value in the labour market and are respected by employers.

Key to the reforms that we are putting in place is the role that prison governors play in helping drive through change. We have many dedicated and hard-working governors—I had the pleasure of going to a Prison Governors Association meeting on Tuesday—and the Justice Secretary and I want to ensure that those who run establishments are more autonomous and accountable but also demand more of our prisons and of offenders. Currently, governors do not have control over what happens in their prisons. We want to give governors that control, and we want to incentivise and reward them for delivering the right outcomes.

The Secretary of State has also acknowledged that working conditions in much of the current prison estate—particularly older Victorian prisons, which have high levels of crowding, as the Chair of the Committee and others have mentioned—are not conducive to developing a positive rehabilitative environment. He has made clear his ambition to replace ageing and ineffective Victorian prisons with new prisons that embody higher standards in every way they operate. On the final comments made by the hon. Member for Darlington, we are actively considering all those issues and have set out the direction of travel. Over the past five years, we have sold 16 prisons, considerably more than in the previous 20 years or so. Our record has been one of taking action where we need to, and we are actively considering all those issues.

The money we make from selling off old prisons should be reinvested in commissioning a modern, well-designed prison estate that designs out the faults in existing structures that make violent behaviour and drug taking harder to detect. The Government recognise fully that the private sector has innovated well, particularly in its use of technology in prisons, and that there are opportunities to innovate further across public sector prisons.

We must also tackle overcrowding, which the Chair of the Committee also quite properly mentioned, with sufficient places to meet demand that all provide a safe and decent living environment. We have recently delivered 1,250 new places in the four new house blocks at Peterborough, Parc at Bridgend in south Wales, Thameside and the Mount outside Hemel Hempstead, and we are currently building a 2,106-person modern fit-for-purpose prison in north Wales. We recognise the Committee’s concern about the impacts of a rise in the prison population. The need to be prepared for unexpected rises in demand will always be necessary. As the Committee recognised, we keep the capacity for each population cohort under review and rebalance the estate as required.

I move now to the issue of education and employment, which has quite properly featured highly in this debate. Prison should offer offenders the chance to get the skills and qualifications that they need to make a success of life on the outside—a second chance to make the best of the education that, in many cases, they did not get when they were younger. That is a crucial area of our reform agenda, and the Secretary of State and I are putting in place steps to help make prisons places of purpose by increasing education and employment opportunities for offenders. That includes working with other Departments, such as the Ministry of Defence, to expand work opportunities.

I also pay tribute to companies such as Halfords. I have mentioned the academy that Halfords runs in Onley prison, where instructors and prisoners work together in a well-equipped workshop. They all wear Halfords sweatshirts, and prisoners go out on day release to work in Halfords stores. After they complete the course, on release, there are jobs available for them as bicycle mechanics in Halfords stores. That is an excellent model providing employment on release, and it is exactly what I want to see a great deal more of.

[Jenny Chapman]

The examples that the Minister cites are entirely appropriate and excellent, but they are just examples. The situation is patchy. What plans does he have to make that kind of experience the norm? My observation is that it is incredibly difficult to create such models of good practice throughout the country. It is something that Ministers have struggled with ever since I can remember.

[Andrew Selous]

The hon. Lady is absolutely right. We need to do better, and I am extremely ambitious and impatient to do more. I assure her that I regularly raise the issue with my officials, and I will continue to do so, because I share her impatience at the scale of the challenge. We need to act at pace to do something about the issue.

That said, work in prisons continues to grow steadily, with 14.9 million hours worked across the estate in 2014-15. However, as I said, I am determined to do much more. Increasing numbers of prisoners are also engaged in learning, but Ofsted inspections confirm that one in five prisons has an inadequate standard of education provision and another two fifths require improvement. That is why the Secretary of State has asked Dame Sally Coates, a distinguished former headteacher, to chair a review of the quality of education in prisons, which will report in March 2016.

The review will examine the scope and quality of current provision in adult prisons and young offender institutions for 18 to 20-year-olds. It will consider domestic and international evidence of what works well in prison education and identify options for future models of education services in prisons. In the meantime, work is already in progress to improve the quality of learning and skills in prisons, including: finding ways to improve class attendance and punctuality; collecting better management information, which is key; improving support for those with learning difficulties and disabilities, including mental health issues, which my hon. Friend the Member for Bromley and Chislehurst (Robert Neill) raises rightly and regularly; and developing more creative and innovative teaching.

On that point—I have mentioned it before—Swaleside has a good maths and English programme in the physical education department, of all places, that has been particularly successful at helping harder-to-engage prisoners improve their English and maths skills. That is exactly the sort of thing that I am talking about, and we need more of it.

In August last year, we introduced mandatory assessment of maths and English for all newly received prisoners, so we now have a proper baseline measure of prisons’ standards of literacy and numeracy. We have also invested in a virtual campus, a secure web-based learning and job search tool, currently available in 105 prisons to support prisoners’ education.

In addition to education inside prison, the Government also fully support prisoners using temporary release to take up work, training and educational opportunities in the community as well as to maintain ties with families. Although that should never come at the expense of public protection, it is a powerful tool for reintegrating offenders back into the community and preparing them for release. All the measures taken since the ROTL review in 2013 focus on minimising the risks taken in allowing temporary release and ensuring that releases are purposeful. The latest data show a 39% reduction in recorded instances of ROTL failure. We agree that ROTL can be a useful resettlement tool; it is important not to let abuse by a small number of people undermine it. We will review the impact of the new measures in 2016, so we can be sure that the public is protected while avoiding unnecessary restrictions on purposeful rehabilitative ROTL.

I turn to young people and young adults in custody. Although fewer young people are committing crimes for the first time, those who enter the youth justice system are some of the most troubled in our society, and too many go on to commit further offences. The significant reductions in volumes mean that the youth justice system now faces very different challenges. We need to consider whether the structures and delivery models created in 2000 are appropriate to meet the challenges of 2015 and the changes to the public service landscape. We also need to ensure that the youth justice system provides maximum value for the taxpayer. In recognition of the continued significant reductions in the number of young people in custody, as well as the scale of the financial challenge, we will not pursue plans to build a secure college, although we remain committed to improving education for all young offenders.

Safety in Prisons

Debate between Baroness Chapman of Darlington and Andrew Selous

Wednesday 17th June 2015 Westminster Hall

[The Parliamentary Under-Secretary of State for Justice (Andrew Selous)]

As always, it is a pleasure to serve under your chairmanship, Mr Bone. I warmly congratulate the hon. Member for York Central (Rachael Maskell) on a very polished opening speech. She raised a number of important issues, which I will do my best to address in the time I have.

The hon. Lady talked about the importance of probation supervision. The transforming rehabilitation reforms mean that people with sentences of under 12 months now get probation supervision—they did not in the past. She also talked about mental health issues, so I am sure she will warmly welcome the liaison and diversion services that are spreading across the country; they were introduced by the previous Government and we are continuing them. We would all agree with her that prevention is better than cure, and we all want to see fewer people committing crime and going to prison.

The hon. Lady talked about prisoners being locked up for 23 hours a day. That relates only to a very small proportion of prisoners in operational emergencies. Even in planned restricted regimes, prisoners get considerably more than one hour out of their cells.

[Jenny Chapman]

Will the Minister give way?

[Andrew Selous]

In a second. I want first to ask the hon. Lady and the hon. Member for York Central to use the term “lethal highs” when they talk about new psychoactive substances. That term is more helpful. We are all determined to try to get those dreadful things out of our prisons, and the language matters, so perhaps we can all agree to call the substances “lethal highs”.

[Jenny Chapman]

The Minister is quite correct to encourage us to use that term. On the issue of work, he is fond of saying that there is more work in prisons, but, again and again, inspection reports indicate that there is not and that prisons overestimate time out of cells and underestimate time in them. He needs to challenge his officials more on those data. The prisons inspector seems to be encouraging us to question them, so I want to ensure that the Minister does as well.

[Andrew Selous]

The hon. Lady is pushing at an open door on work in prisons. The number of such hours has gone up. Do I think it satisfactory? Absolutely not. Of course I want to increase it much more. If prisoners are gainfully employed during, roughly, the hours the rest of the population have to work, that will aid rehabilitation and make them more likely to get employment on release. I want more of that, and I will say more about it if the hon. Lady bears with me.

Reoffending was mentioned. Since 2002, the proven reoffending rate has remained stable, and it stands at 26.2%. For adults released from custody, the rate is 45.2%, and it has remained relatively stable since 2004, although it was slightly higher in 2002 and 2003.

Let me turn to the other excellent speeches we have heard. I commend my hon. Friend, as I often call him, the Member for Strangford (Jim Shannon) on raising the issue of drugs. I share his horror of drugs in prison. Drugs destroy lives in the community and in prison. I will say more about that.

The hon. Member for Hayes and Harlington (John McDonnell) talked about the stress on staff, and I know he cares deeply about that, as I do. The hon. Member for Swansea East (Carolyn Harris) raised a harrowing case. I did not have warning of it, but I can tell her that the prisons and probation ombudsman’s recommendations are being addressed, mostly by the healthcare provider involved. There is also an ongoing investigation of what happened by the Nursing & Midwifery Council. The hon. Lady might be aware that healthcare in prisons is provided by the NHS, not the Prison Service. If she would like to write to me, I should be more than happy to receive a letter from her.

The hon. Member for Wansbeck (Ian Lavery) talked about his concerns over Sodexo. He is right that its parent is a French catering company. I would just say that another Sodexo prison won the Elton prison industries award, which has been mentioned. The prison I recently visited in Salford had pretty low levels of sickness absence among its staff.

The hon. Member for Islwyn (Chris Evans) mentioned mental health. He was absolutely right to do so, not least because of the horrific incident in his constituency. He talked, quite properly, about the need for suitable accommodation for prisoners on release. If he wants to correspond further on that, I would be more than happy to do so.

The hon. and learned Member for Edinburgh South West (Joanna Cherry) told us about the Scottish prison system. I will ensure that National Offender Management Service officials have close contact with the prison service in Scotland. NOMS does things very well, but I absolutely believe we can learn lessons from other parts of the world. I will make sure that that contact happens.

The hon. Member for Darlington (Jenny Chapman) spoke about the importance of the governor’s role, and I agree. As has been said, this is a leadership issue. She rightly referred to the daily interactions of prison officers, and I will say more about that. She also asked about longer tenures for governors, which is a fair point, and the idea might have merit. I will look into it, within the constraints of normal career planning. We need governors with the right experience, particularly in some of our larger establishments.

One hon. Member—you will have to excuse me, Mr Bone, but I forget who—asked how many prisons still have detached duty. The answer is 15. That is not something we want longer term, because it disrupts prison officers’ lives and costs us more money. I will talk about the success we have had in recruiting more prison officers. We continue to recruit them very actively.

Oral Answers to Questions

Debate between Baroness Chapman of Darlington and Andrew Selous

Tuesday 3rd February 2015 Commons Chamber

[Andrew Selous]

The hon. Lady is right that these are extremely serious issues, but there is a growing body of evidence that the increase in the number of serious assaults is linked to the increase in new psychoactive substances in prisons. I hear that from governors and prison officers in every prison I visit. We have taken a series of measures, announced only a couple of days ago by the Secretary of State, to give governors more powers to crack down on the problem. We are trying to educate families and friends of prisoners not to smuggle these substances into prisons. If we can reduce the amount of those drugs in prisons, we will reduce levels of violence. All those things, along with the protocol with the police and Crown Prosecution Service and the increased use of body-worn cameras, will help to tackle this serious issue.

[Jenny Chapman (Darlington) (Lab)]

Can we just remind ourselves what we mean by “a serious assault” on a prison officer? It can mean serious cuts, fractures, concussion, loss of consciousness and damage to internal organs. If these were any other public servants—nurses, for instances—there would rightly be a public outcry. These are public servants going to work every day too often now in fear of their lives. The Minister has a duty of care towards them. What will he do now—it is not just about drugs—to protect staff in our prisons?

[Andrew Selous]

The hon. Lady is absolutely right that prison officers are front-line public servants who keep us safe, and I have told her how seriously I take this issue. I read the reports on a daily basis, and I can assure her that they affect me as much as they do her and everyone else in the House. We are taking action in three areas: a wider range of punishments to crack down on the use of new psychoactive substances; the new protocol—it has never happened before—between the CPS and police forces to ensure that prisoners who attack staff or other prisoners spend longer behind bars; and an increased use of body-worn cameras. All that will help.

Probation Service

Debate between Baroness Chapman of Darlington and Andrew Selous

Tuesday 13th January 2015 Westminster Hall

[The Parliamentary Under-Secretary of State for Justice (Andrew Selous)]

It is a pleasure to serve under your chairmanship, Mr Crausby. I congratulate the hon. Member for Stretford and Urmston (Kate Green) on securing this important debate. I have known her for a long time. I have a great deal of respect for her and know she takes a serious interest in these issues.

I am going to prioritise answering the various points raised by Members during the debate and come to my prepared remarks afterwards. I will deal as quickly as I can with all the matters put to me.

All the existing expertise of our fantastic public sector probation staff is still there in the system. Most people are working at the same desk, doing the same job as before. That is highly valuable. I should point out that the report of Her Majesty’s inspectorate of probation goes up to September last year, and there have been significant improvements since then on a lot of the issues that Members have quite properly raised. To give just one example, the rate for completion of the risk of serious recidivism report within two days is now at 80%, which is a significant increase. We have every confidence that that figure will carry on increasing, and I hope that that reassures Members. [Official Report, 21 January 2015, Vol. 591, c. 1MC.]

We were accused of bringing in the reforms on the basis of ideology, not evidence, but given that we have all agreed that reoffending rates are too high—it is a serious problem, as every Member who has spoken has said—I gently say to the Opposition that it would be wrong not to take the best expertise within our brilliant public probation service, the fantastic expertise in the voluntary and community sectors, of which no mention has been made by Opposition Members this afternoon, and the expertise that exists in some private companies. We want to have the best of all three working to tackle these issues.

[Jenny Chapman]

Will the Minister give way?

[Andrew Selous]

I will make some progress. I will not succeed in answering the questions already put to me unless the shadow Minister allows me the little time I have left to do so.

The hon. Member for Stretford and Urmston asked why we did not simply get probation companies to deal with the under-12-month group. Frankly, on the financial model we were operating on before, that would not have been affordable. The previous Government tried to do it under their “custody plus” plans but had to scrap the attempt before implementation. We believe that the reduction in reoffending that we expect to see will enable us to extend provision by the companies to that important group.

The hon. Lady and one or two other Members mentioned the random allocation of staff to the National Probation Service and to CRCs.

[Andrew Selous]

If the hon. Gentleman will allow me, I want particularly to respond to the people who made speeches in the debate.

Random allocation of staff happened in a very small number of circumstances when other objective methods of allocation were not available, and was used specifically to choose between staff who were otherwise similarly qualified to be assigned to the relevant organisation.

The hon. Member for Stretford and Urmston quite properly raised the important issue of how we will deal with diversity. We believe it is most appropriate for a detailed diversity assessment to be carried out after allocation, as that can then inform the detailed sentence plans compiled by the offender manager. That fits with the sentencing approach introduced by the Offender Rehabilitation Act 2014.

The hon. Lady also—again, quite properly—raised the issue of what we are going to do as far as the specific needs of women offenders are concerned. I visited Peterborough prison last Thursday and saw the excellent work there—not least in the mother and baby unit; she is absolutely right to raise the issue, as is the shadow Minister. More than 1,000 organisations have registered to play a part as either tier 2 or tier 3 providers in the supply chain, many of them with specific expertise in delivering specialist support to women offenders.

To go further on that point, we are including three gender-specific outputs in contracts with the community rehabilitation companies, meaning that, where practical, providers will have to give female offenders the option of a female supervisor or responsible officer, of attending meetings or appointments in a female-only environment, and of not being placed in a male-only environment for unpaid work or attendance requirements. I could go into more detail on that, but I hope that I have given some reassurance that we have thought seriously about the issues that the hon. Lady was quite right to raise.

The hon. Lady also raised the escalation of low and medium-risk offenders. We are keeping escalation rates under close review, but so far the indications are that the numbers are relatively small. The decision on escalation is always one for the National Probation Service, which, of course, remains wholly within the public sector. We supported both the NPS and CRCs to bed in the new processes so that they are working effectively.

On the issue of freedom of information requests to community rehabilitation companies, the CRC contracts set requirements on providers to give information to the Ministry of Justice if it receives relevant requests under the Freedom of Information Act. That is not completely as hon. Members suggested.

[Jenny Chapman]

Will the Minister give way on that point?

[Andrew Selous]

In the nine minutes that I have left, I want to move on to the speech made by my hon. Friend the Member for Strangford (Jim Shannon). He was generous enough to say that he thought that the reforms could be worth while if done correctly—I may be paraphrasing him slightly, but I think that he made remarks along those lines. He asked, as did one or two other hon. Members, why we did not pilot the reforms. I refer him to the pilots undertaken at both Peterborough and Doncaster, which the shadow Minister mentioned.

It is worth putting on the record that in Peterborough there was a reduction of 8.4% and in Doncaster a reduction of 5.7%. I fully recognise that that is not the same as the Transforming Rehabilitation programme, because we are bringing to bear further measures that will help with the under-12-month group and so on, but those two pilots show that where we have allowed innovation and new initiative, and where investment has come in from outside the public sector, we have brought reoffending down.

[Jenny Chapman]

Will the Minister give way?

[Andrew Selous]

No. The hon. Lady will want to hear this because she made allegations about safety and so on. I know she will be reassured that the number of serious further offence notifications between 1 June and 30 September 2014 was 151. That was a reduction compared with same period of the previous two years, when the figure was 181 for both 2013 and 2012.

All hon. Members will know—not least the two distinguished members of the Justice Committee who are present, the hon. Members for Hayes and Harlington (John McDonnell) and for Islington North (Jeremy Corbyn)—that the level of serious further offences is an important indication of how well a probation service is doing. I hope that that reassures hon. Members.