HMP Birmingham

Lord Hanson of Flint Excerpts

Monday 19th December 2016 Commons Chamber

[Elizabeth Truss]

I thank my hon. Friend for his question. I am sure he will recognise that with an operational service such as the Prison Service, we can reduce and minimise risk, but we cannot eliminate it completely. That is what the efforts of the daily meeting are about—reducing the level of violence and giving governors what they need to keep our prisons as safe as possible. When the incidents occurred, they were dealt with extremely effectively by the tornado teams. I want to see a more stable prison estate, which means building extra capacity so that we do not have overcrowding, and investing in staff so that our prisons can be staffed at a proper level. I have to tell Members that this will take time. While we are seeking to minimise risk, we cannot of course prevent every incident from happening.

[Mr David Hanson (Delyn) (Lab)]

Given that the level of assaults on staff and prisoners and that the level of disorder in prisons generally is higher in the private sector per 100 prisoners than it is in the public sector, will the Secretary of State tell us how many of these extra staff are going to be employed by the private sector, over whose recruitment she has no direct control?

[Elizabeth Truss]

I thank the right hon. Gentleman for his question. If he looks at the way we review prisons, he will find that the performance of the private and public sectors is relatively equivalent. There is not a significant difference between performance in the private and public sector. We set the levels of staff that the private sector has to employ. We are moving towards a 1:6 ratio in both the public and private sectors. All our evidence suggests that that will be enough to make sure that we keep prisons safe and, importantly, to reform prisoners to reduce the cost of reoffending.

--- Later in debate ---

[Mr Speaker]

Order—

[Mr Hanson]

On a point of order, Mr Speaker. I would like to seek clarification from the Minister, if I may.

[Mr Speaker]

I hope this is not a continuation of the debate, but the right hon. Gentleman has an honest face and I will give him a chance.

[Mr Hanson]

Thank you, Mr Speaker. The Lord Chancellor indicated that the Labour Government had privatised HMP Birmingham. Would she acknowledge, however, that the Ministry of Justice announced in March 2011 that G4S was to take over the prison? [Interruption.]

[Mr Speaker]

Order. The right hon. Gentleman has made his own point in his own way. We must hear the response of the Secretary of State, if she wishes to offer one.

Oral Answers to Questions

Lord Hanson of Flint Excerpts

Tuesday 6th December 2016 Commons Chamber

[Elizabeth Truss]

The hon. Lady is absolutely right that mental health is a real issue in our prisons. I recently had a meeting with the Health Secretary on how we can improve mental health services. We are enabling governors to co-commission those health services. I was recently at HMP Lincoln discussing mental health services with the governor. Such services are available only from Monday to Friday, and he wants them to be available all week round, and we will enable that to happen.

[Mr David Hanson (Delyn) (Lab)]

In part due to increased attacks on prison officers, more than 200,000 days were lost through ill health by prison officers in the past 12 months. Will the Secretary of State update the House on what the figure lost through sick days is as of now, and what steps she will take to reduce that figure?

[Elizabeth Truss]

I thank the right hon. Gentleman for his question. There is an issue with sick days. The the Under-Secretary of State for Justice, my hon. Friend the Member for East Surrey (Mr Gyimah), who is responsible for prisons and probation holds a daily meeting in which he goes through the levels of sickness at each prison and works with the governors on what we can do. One thing we are doing is strengthening the frontline to ensure that we have more officers available for support.

Prison Safety and Security

Lord Hanson of Flint Excerpts

Thursday 1st December 2016 Westminster Hall

[Mr David Hanson (Delyn) (Lab)]

I beg to move,

That this House has considered prison safety and security.

It is a pleasure to serve under your chairmanship, Mr Nuttall. This is a very last minute debate; it was only on Monday that we knew it was going to take place. I am grateful to the Deputy Speaker for finding time for the debate and to the Minister for making time for it.

In the introduction to the White Paper on prison safety and reform, the Lord Chancellor and Secretary of State for Justice made a very important statement:

“We will never be able to address the issue of re-offending if we do not address the current level of violence and safety issues in our prisons.”

Today’s debate aims to focus on some issues around that and to try to tease out what the Government’s objectives are on prison safety and prison violence. The Minister has been round the House quite a bit on this matter, not least at the Justice Committee on Tuesday. I know that he will want to do his best to respond to the issues. I know also that those who work in the service, from Michael Spurr through to the prison officers on the wings, will also want to do their best to ensure that we improve prison safety and security. However, I start from the premise that something is not quite right.

All the indicators on key issues of prison safety and security that the Government look at have been going in the wrong direction over the past few years. Let us look at some of the issues in our prisons at the moment.

In 2015-16, nine men absconded from category B prisons, four women and 80 men absconded from open prisons and eight prisoners absconded from male open youth offenders institutions. In the last few weeks—I know these individuals have been recaptured, for which I am grateful—two men, in the early hours of the morning, hid dummies in their beds, sawed through bars with metal drills brought in illegally, avoided CCTV, climbed over a wall and escaped from Pentonville prison; as the Minister confirmed to the Select Committee this week, that was not discovered until 12 noon the following day. These are serious issues.

As of 29 July 2016, just over 60%, or 76, of our prison establishments were officially listed as overcrowded. In total, overcrowded prisons held 9,700 more prisoners than they were originally designed to hold. Cells meant for one person have been accommodating two people, while those meant for two people have been accommodating three, and that has added to the stress in prisons.

I know, accept and understand where the Government are coming from; they have announced large amounts of increased prison capacity and are looking at closing older prisons and opening newer prisons, such as HMP Berwyn, which is shortly to open in north Wales near my constituency. The removal of old capacity is, however, well ahead of the replacement in terms of the building of new capacity. The chief operating officer of the National Offender Management Service, Michael Spurr, said to the Justice Committee this week that it will be a considerable time before the overcrowding is dealt with.

More seriously, and more challenging for the prison system as a whole, there were 324 deaths in prison in the 12 months to September 2016, which is a rate of 3.8 deaths per 1,000 prisoners: an increase of 57, or 21%, on the previous year. Many of those deaths were due to natural causes—that is to be expected because of the growing population of elderly prisoners—but 107 were self-inflicted deaths, an increase of 13% from the previous year’s total of 95. There were five apparent homicides, including one in Pentonville recently. Some 33 deaths are currently awaiting further information before being classified.

I am grateful to the House of Commons Library for these figures. On the issue of self-harm in prison, in the 12 months to June 2016, 36,440 reported incidents of self-harm occurred, an increase of 7,509 or 26% on the previous year—a rate of 426 self-harm incidents per 1,000 prisoners, compared with 338 incidents per 1,000 prisoners the previous year. Some 10,544 prisoners self-harmed last year, up 1,943, or 23%, on the previous year.

The indicators on hospital attendance show that there were 2,500 hospital attendances, an increase of 35% on the previous year. The proportion of self-harm incidents requiring hospital attendance has thankfully remained consistent, but the indicators are showing that there are more deaths in custody, more self-harm incidents and, sadly, a significant number of homicides in prison at the moment.

The indicators on assaults show that in the 12 months to June 2016, there were 23,775 assaults in prison, an increase of 6,078, or 34%, on the same period in the previous year, and a rate of 278 assaults per 1,000 prisoners, up from 207 assaults per 1,000 in the previous year. There were 3,134 serious assaults, an increase of 26% on the previous year. There were 17,782 prisoner-on-prisoner assaults, up 32% on the previous year; 2,462 serious prisoner-on-prisoner assaults, up 28% on the previous year; and 5,954 assaults on staff, up 43% on the previous year, from 4,177. That is a ratio of 70 incidents of assault on staff per 1,000 prisoners, up from 49 per 1,000 in the previous year. Of those assaults, 697 were classified as serious assaults on staff, up 20% on the previous year.

Those indicators are not going in the right direction. All those indicators have seen a significant increase—not one of 1% or 2%—in a 12-month period. I will be fair to the Minister; I know that in the recently published document, recognition of that fact is paramount. I will return shortly to further figures.

What is lost in the figures on assaults are the significant increases in certain types of assault. Let me point the House to three particular issues. The use of dangerous liquids as an assault mechanism on prisoners and staff has gone from zero incidents in 2010 to 193 in 2015. The use of blunt instruments in assaults on prisoners and staff has gone from 246 incidents in 2010 to 666 in 2015: a 170% increase. The number of spitting incidents—an issue, given some of the conditions that many people will have in prison—has risen from 12 recorded in 2010 to 394 in 2015: an increase of 3,000%. Knife and blade incidents—prisons are not supposed to be places where knives and blades are available in the first place—have risen from 212 to 491 last year over a five-year period: an increase of 131%. I am grateful to the Prison Officers Association for some of those figures. Again, those are serious issues, and the trend is in the wrong direction.

There is an argument that some of those issues are related to drug abuse and new psychoactive substances. In 2010, there were 16 recorded incidents involving new psychoactive substances in prisons, but in 2014, the last year for which I have figures—the Minister may have more up-to-date ones—the figure was 436: a 2,625% increase. Spice has gone from 15 to 430 cases; mephedrone has gone from zero to two cases; and ketamine—kat—has gone from one to four cases. Again, that is the wrong direction of travel.

I held the Minister’s job for two years and one month some time ago, so I know how difficult it can be and about the challenges, but the level of disturbance in prisons has increased in the past few months and is causing noticeable pressure. It is greater than it was in the past. There have always been prison disturbances, and there probably always will be, but in the past couple of months alone there has been, for example, the incident in Lewes prison. The chairman of the Prison Officers Association said that at the time of the incident there

“were only four staff on that wing and all four had to retreat to safety”

because they were concerned about their safety.

In November, 200 inmates in Bedford prison went on what was described in the press as a rampage or a riot —we will determine what it really was when the investigation is completed. It took six hours to bring the disturbance under control. That happened only days after the Justice Secretary said that she was going to introduce a range of measures to tackle violence in our prisons. The question for the House is: what can we do about those issues?

The Justice Committee, of which I am pleased to be a member—my hon. Friend the Member for Stretford and Urmston (Kate Green) and the hon. Member for Dumfries and Galloway (Richard Arkless) are also members—has looked at this issue in detail. In their White Paper, the Government accepted this premise: in the past six years, they have presided over a reduction in prison officers of some 7,000 at a time when attacks on the workforce have increased by 41%. The prison workforce in March 2010 was 49,230, but as of March 2016 it was 43,530.

The Prison Officers Association and the assessments we heard in the Justice Committee suggest that the benchmarking figure is now 800 officers below its required level, and that the service is losing 1,600 officers every year. The level of prison officer resignations increased by 128% over that six-year period, and officer retention remains challenging, as we discussed with the Minister in the Justice Committee on Tuesday.

On Tuesday, the chief operating officer of NOMS, Michael Spurr, told the Committee that, although the Government are going to increase the number of prison officers by 3,500—although I am a Labour MP, I acknowledge that that is thanks to welcome investment for the Ministry of Justice in the autumn statement—he is going to have to recruit, with the Minister’s support, 8,000 people to get a net figure of about 3,500.

[Kate Green (Stretford and Urmston) (Lab)]

I congratulate my right hon. Friend on securing this important debate. Does he agree that this is about not just the number of prison officers lost and the need to recruit replacements, but their level of experience? It will inevitably take time for new recruits to learn the skills they need to do what is now an extremely complex, dangerous and demanding job.

[Mr Hanson]

That is a serious point. I do not want to be too flippant, but we will have a cohort of inexperienced prison officers and a cohort of experienced prisoners, which will lead to a mismatch in expectation. Those officers will lack experience when dealing with some of the initial problems. Officers need face-to-face engagement with prisoners to build the relationships that can prevent the kind of activities that I have been talking about.

Many people have expressed concerns about where we are. The Howard League for Penal Reform said that we have seen “the highest death toll” in prison

“in a calendar year since recording practices began in 1978.”

It said:

“The number of people dying by suicide in prison has reached epidemic proportions.”

The organisations that have a statutory duty to look at the Prison Service also expressed concern. Nick Hardwick, former chief inspector of prisons, said on 14 July 2015:

“You were more likely to die in prison than five years ago. More prisoners were murdered, killed themselves, self-harmed and were victims of assaults than five years ago.”

The current prisons inspector said in his annual report for this year that

“there is a simple and unpalatable truth about far too many of our prisons. They have become unacceptably violent and dangerous places.”

Nigel Newcomen CBE, the prison and probation ombudsman, who is in the process of leaving or has just left, said in his 2015 annual report:

“Unfortunately…I have identified a fundamental lack of care, but, more often, I have found caring and compassionate efforts by staff to support the suicidal. What is clear, however, is that more can and should be done to improve suicide and self-harm prevention in prison.”

He went on to say that

“what is already clear is that there is an unacceptable level of violence in prison.”

This is not scaremongering by Members of Parliament. It is a shared concern, which the Ministry itself recognises and has been expressed by the prisons ombudsman, the prisons inspectorate, external agencies, the Prison Officers Association and, indeed, the Justice Committee, three members of which are here today. We recently produced a cross-party report that was supported by the Scottish National party, Labour and Conservative Members, including the hon. Member for Shipley (Philip Davies), who often has a different view to those of the members here today, and the Chair. Our conclusion was clear:

“This is a matter of great concern, and improvement is urgently needed.”

We said that

“it is imperative that further attention is paid to bringing prisons back under firmer control, reversing the recent trends of escalating violence, self-harm and self-inflicted deaths…It is a matter of particular concern that despite a sustained recruitment exercise…the net increase in public sector prison officers was only 440 last year.”

I will return shortly to how we are going to manage that recruitment exercise in the future. We want, among many other things, a regular report on safety in custody statistics to look at indicators of disorder, staffing levels, NOMS performance ratings and the activity of prisoners.

The Government have—let me be churlish—belatedly responded to the pressure. In my view, they caused the pressure themselves by reducing prisoner officer numbers and putting pressure on prisons, but they have belatedly looked at the issue. In the autumn statement, and on the back of the “Prison Safety and Reform” White Paper, they allocated additional resources to address prison safety issues. The programme of governor devolution is ongoing, which may or may not help—the jury is out on that. There will be operational improvements, which may include body-worn video cameras, staff training, a multi-disciplinary approach to violent prisoners and improvements during the early days and weeks of custody. We have looked at the recruitment issues. The Minister will no doubt talk about the 3,100 new officers, but we need to recruit 8,000 to make sure we reach the net figure. We have looked at the issue of mobile operators and illicit phones in prisons.

Ultimately, there are still challenges that we need to face. I want to look at what the White Paper means in practice. The Government have said, for example, that they will improve legislation on psychoactive substances. What does that mean? They have said that they will “strengthen search capability”. Well, that will take boots on the ground. What does that mean?

The Government have said that they will:

“fundamentally reassess our wider approach to tackling the supply and demand for drugs in prisons”;

and

“reduce supply and demand for illicit mobile devices; and…work with industry…to detect and block drones”.

What does that mean in practice? It is up to the Minister to spell out clearly and effectively what is in the White Paper.

The Minister has said that the Government will “enhance our intelligence capability”. Fine, but let us see what that means, what the progress is and what the timescale is. He will:

“devise and implement a strategy to address staff corruption in 2017”.

What does that mean? What is the investment? What are the intended outcomes?

We need to look at a range of measures, which we certainly can do, although the situation is complicated and challenging. I therefore want to test the Government with some discussion of at least four or five key areas, and I will start with staffing. Perhaps the Minister will reflect on my questions and, if he does not answer them directly, look at Hansard to bring something back to us later today or in the future.

Will the Minister undertake a review of benchmarking in prisons to see whether staffing rotas are right? He has picked the 10 prisons with the highest levels of violence, but will he look at other prisons or prisons as a whole? What measures will he introduce to retain staff who are in post? That means looking not just at salaries or, potentially, enhanced payments, but at valuing people’s work, or discussing with members of staff the retirement profile of those who are leaving, to see whether we can keep experienced staff.

What pay challenges are there? On Tuesday, the Minister indicated to the Select Committee that he was considering allowing governors to enhance pay and to use such things as positive inducements, but various people are sceptical about whether that can be done within the Government’s public sector pay policy and the pay cap, so will he reassure me about how Government pay policy comes into play on staffing? What autonomy will governors have on pay and retention measures designed to keep staff in the 10 or so prisons that are to have governor autonomy? After all, in future, there may be more such prisons.

In the White Paper, the Minister indicated—he repeated this clearly on Tuesday—that he expects ratios of six prisoners per prison officer. When does he expect to reach that target? How far away from it is he now? Will it apply only in the 10 prisons, or will it apply in all prisons? What will happen with the fluctuation of numbers in prisons, and how will he plan for that in future?

One of the key issues for prison security has been mobile phones, which have been a challenge for years—since the day the mobile phone was invented. When I was the Minister, we had BOSS—body orifice security scanner—chairs and lots of other measures. Prisoners, by their nature, want to have a mobile phone, but the Minister can do things about that, which he alluded to in the prison reform White Paper. I want some more clarification. For example, what steps is the Minister taking to trial phone blocking? That has been looked at by some prisons—public and private sector.

In the White Paper, the Minister suggested no-fly zones for drones over prisons. Let us examine that for a moment: what does it mean in practice? How will he operate a no-fly zone? What does it mean? How will it work? What about additional measures on entry and security? He alluded to them with a nice easy sentence on page 48 of the paper, saying that he would:

“reduce the opportunity and attractiveness for visitors to smuggle drugs”,

and mobile phones, into prisons. What does that mean exactly? What measures back up that statement?

To look at drugs generally, the Minister stated in the White Paper that the Government would:

“ensure that the perimeters of prisons are secure and maintained in a state that can help deter items from being thrown into the prison”.

What does that mean? What policy change next year will that mean? Ensuring that the perimeters of prisons are “secure and maintained” is a nice phrase, but what does it mean in terms of resources, focus and activity?

Also, on page 46 of the same document, the Government state that they will:

“continue to pursue and evaluate technology that can detect drugs including body scanners and drug trace detectors.”

What does that mean next year? What does that mean in practical terms for the Minister at the moment?

The Minister said on page 48 that he would look at telecommunications restriction orders to disconnect mobile phones or SIM cards permanently. That is fine and good, and according to the Minister the first disconnections will take place before the end of this year, but what steps is he taking to achieve that? How many disconnections does he expect? In how many prisons will telecoms restriction orders be available? How many phones does he expect to decommission?

Over the summer the new Secretary of State produced that nice, blank statement in the White Paper, and the aspiration is great, but I am interested in the beef behind it. I share Ministers’ aspiration to block mobile phones, but what does that mean and, if I went a year ahead through the magic of a “Doctor Who” TARDIS, how many prisons would have those restriction orders? How many phones would be disconnected? The White Paper is sending out signals about aspirations, without necessarily having any beef behind them.

[The Parliamentary Under-Secretary of State for Justice (Mr Sam Gyimah)]

I thank the right hon. Gentleman for giving way, and I hope that my intervention allows him to get in a sip of water. I am listening to his powerful speech, but he has criticised the Government for being long on aspiration. I will tackle the point he makes in detail in my speech, but I want to say up front that a team that is long on aspiration but not focused on delivery would not have got the biggest—and only—increase for six years that the Ministry of Justice has had in its budget: £100 million for staffing and £550 million overall. That underscores our commitment to deal with the challenges in the prison system.

[Mr Hanson]

The Minister heard me say that I welcomed the additional resource, but if the Government cut 7,000 prison officers over six years and only decide to put something in urgently once the estate starts to creak —all the indicators that I mentioned are now heading in the wrong direction—in a sense, that is backtracking on a problem of the Government’s own making. However, I am saying to the Minister, “Let’s put that to one side.” He has some aspirations, and I am trying to tease out from him what the beef is so that he can build on them.

Some things are costly and cost-effective. Simple things can be done in the prison estate to help support the aspiration of the Secretary of State. We cannot address the issue of reoffending if we do not address the levels of violence or the safety issues that exist in our prisons. For example, what assessment will the Minister make of the lock-up regime, in particular in those prisons with serious levels of violence? If prisoners are locked up for 23 or 24 hours a day, of course they will face frustrations. What if no elements of support are in place for training, employment or drug rehabilitation, or if prisoners are not out of their cells doing things that might punish them, because they are in prison, but help with their reform so that when they leave prison they are in a better place? If such things are not in place, the Minister will again have a kettle that is boiling furiously. That shows the difficulties we face.

[Richard Arkless (Dumfries and Galloway) (SNP)]

The right hon. Gentleman is making a characteristically powerful speech. Does this not cut to the heart of the issue? If a substantial proportion of the prison population is locked up for 22 or 23 hours a day, prisoners’ frustration and the decimation of the relationship with the officers will be causing the tension. The officers are powerless to stop that, and it is directly triggering the increase in violent disorders.

[Mr Hanson]

I thank the hon. Gentleman—or my hon. Friend as I will call him—for his support of that particular assertion of mine, but it is one factor in a range of factors. Fewer officers are dealing with frustrated prisoners who have more and more challenging needs because of drug abuse and mental health problems and cannot participate in any important training, support or even recreation. That is part of the pressure cooker that is the Prison Service.

What strategy does the Minister have for looking at safer custody issues, the risk assessment changes or the prisoners coming in? When I was Minister, I regularly chaired a safer custody group. I do not know whether the Minister does that. Will he tell us whether he does, and if he does not, why? He should focus on what we can do to make custody safer. What assessment has he made of the pressures created by gangs in prisons? Such gangs cause difficulties, which prison officers, given their smaller number, are finding it more difficult to deal with. What innovations will he introduce to tackle prisoners’ mental health problems? We have an ageing prisoner population because of historical sex offences. What impact is that having on the care given by prison officers? Are they unable to deal with other types of prisoner because they have to invest more in that cohort of older prisoners? What assessment has he made of prisoners with sentences of imprisonment for public protection, whom we have talked about? Everyone agrees that those prisoners need to be released if they are over tariff and able to be released into society, but the assessment of support for them is not being carried out to the extent that we want it to be, so there is an element of frustration there as well.

All those things are in a difficult and challenging pot. Prison is never an easy place for the people who are in it, the people who work in it or the people who have policy responsibilities for it, but I want the Minister to put some more meat on the White Paper. I want more discussion—a discourse—with him and I want him to explain where he is heading. The Harris review made wide-ranging and simple recommendations, but the Government have accepted only 29 of those. Will the Minister revisit some of those recommendations to see whether they would help reduce the pressure on prison populations?

Finally—I have had a good run at the time available—as the Minister knows, there are measures that could be taken to help address the problems in prisons but that would be difficult to manage politically. If overcrowding is part of the problem of violence and stress in prisons, there are groups of people that we could look at removing from prison or sentencing to less time in prison. This is not an attack on the Government, who have indicated that they want to look at reducing the number of prison sentences of less than 12 months. There is no point sending someone to prison for 14 days or 30 days when they will come out and find their whole life in a skip in the centre of London, Birmingham or Newcastle; they will reoffend. There is no point giving many of the women my hon. Friend the Member for Stretford and Urmston is particularly concerned about short prison sentences for not paying their television licences, or for offences linked to their lifestyle, perhaps involving drugs or prostitution, which could be tackled with a firm community sentence. The Lord Chief Justice told the Justice Committee as much last week.

There is a whole cohort of foreign national prisoners, which we talked about on Tuesday. In my experience, ministerial drive is needed to secure the removal of certain foreign national prisoners from the UK to their home nations, so which countries is the Minister focusing on? What efforts is he making to secure the transfer of such prisoners? Every prisoner who goes out to a foreign country leaves a space and allows pressure to be taken off the UK system.

I hope I have not rambled too much. The Minister’s role is difficult and challenging, but every indicator is going in the wrong direction. The Government have responded in part—they have set a series of aspirations. My purpose in securing this debate was to give the Minister a chance to flesh out those aspirations and allow other hon. Members to hold the Minister to account and ask him what he is going to do in the next 12 to 15 months, so that we can see whether there is going to be a change. I say to him in a non-threatening way that if, despite the actions he takes, the indicators continue to go in the wrong direction, the House will hold him and the Secretary of State to account for the actions that they could, should and must take to alleviate those pressures.

Prisoners and people who work in prisons have a right to safety, and the public whom we all represent have a right to see the people who leave prison after their sentences—I remind hon. Members that that is ultimately most prisoners—return to society in a way that does not lead to further reoffending and prison sentences.

--- Later in debate ---

[Mr Gyimah]

Four thousand is the net number that we need to recruit to meet our targets. [Interruption.] The hon. Gentleman asks what the gross figure is. A lot of people are leaking through in different areas of the prison estate and I cannot give the overall gross figure.

[Mr Hanson]

I think the Minister means that the 4,000 each year is a gross figure and, at the end of that, there will be a net figure of the 2,500 to 3,000 he has mentioned. Otherwise, he is committing to 8,000 new prison officers in the next two years. I would welcome that, but I would not want him to commit to it because he might have to increase his expenditure significantly.

[Mr Gyimah]

I thank the right hon. Gentleman for that helpful clarification as I leaf through my notes.

[Mr Hanson]

I am here to help. [Laughter.]

[Mr Gyimah]

Yes. The Treasury would not welcome a commitment to new expenditure in this debate.

There are other challenges. We mentioned the challenges of mobile phones, and the right hon. Gentleman asked about the telecommunications restriction orders blocking mobile phones and other technologies. The legislation allows a prison, where mobile phone usage is suspected, to get a court order to block that specific mobile phone. It is a tool in a prison’s armoury, but we need to deal with the problem on the industrial scale that it is happening on in our prisons. The work that we are doing with mobile phone companies to block signals is the most effective way to ensure that we deal with the problem not on an incremental basis, but on an industrial scale.

[Mr Hanson]

I agree. This matter has been discussed for many years. Will the Minister commit to piloting mobile phone blocking in one or two prisons to see how it works in practice?

[Mr Gyimah]

We already have mobile phone blocking in some of our prisons. One challenge with mobile phone blocking is that in some prisons in urban areas we could end up blocking the mobile phones of people who are not in the prison. That is why we are developing a bespoke solution, working with the operators, and we have signed an agreement with them to go ahead with three jails early next year and then on that basis roll it out across the estate.

As for psychoactive substances, much has been said about drugs and our approach to them. We have trained more than 300 dogs to detect psychoactive substances. The point of mandatory testing, other than deterrence, is to help, because if someone is on those drugs, they need treatment, and the only way we can know that they are on the drugs is by testing and finding that they need help to come off them, or punishment where that is necessary.

Oral Answers to Questions

Lord Hanson of Flint Excerpts

Tuesday 1st November 2016 Commons Chamber

[Elizabeth Truss]

I have acknowledged that we have a serious issue. I think we have to recognise that there have been a number of causes. The prison and probation ombudsman said that the emergence of dangerous psychoactive substances was a game changer for prison security. We are taking measures to put in place proper testing for that, which we announced in September. I acknowledge that there is an issue with staffing, which is why I have already taken steps in 10 of the most challenging prisons to increase staffing levels, and why we are due to do more in the White Paper.

[Mr David Hanson (Delyn) (Lab)]

In addition to the staffing cuts mentioned by my hon. Friend the Member for Warrington North (Helen Jones), there is the problem of prison officer retention. The 400 by which the right hon. Lady has said she is going to increase staff numbers are being lost because of the number of people who are leaving. Experienced staff are leaving, and experienced prisoners are now running prisons.

[Elizabeth Truss]

The right hon. Gentleman is right that we need to make sure that, as well as recruiting prison officers, we are also retaining our fantastic prison officers. At every prison I visit, I meet fantastic people who have come into the service to turn people’s lives around. I want to encourage more people to become prison officers, which is why we launched a programme to bring former armed service personnel into the service. We will announce more about recruitment shortly.

Prison Safety

Lord Hanson of Flint Excerpts

Thursday 15th September 2016 Westminster Hall

[Mr David Hanson (Delyn) (Lab)]

I echo the support for the Chairman of the Justice Committee, the hon. Member for Bromley and Chislehurst (Robert Neill), for helping to steer the members of the Committee to produce this report on a very important issue. Prison safety is important for the people who are arrested and sentenced and are in the state’s care in prison. It is also an extremely important issue for those who work in the estate, be they formal prison officers or people working in health, education or associated trades in the prison service. That is a key driver of the Select Committee’s decision to look at prison safety.

Let me say at the outset that nobody says this is easy. Ensuring prison safety is a very difficult task. Let us look at the performance measures. The Select Committee has drawn the attention of the House to concerns over prison safety because some key performance measures drawn up by Her Majesty’s inspector of prisons, the prisons and probation ombudsman, our own inquiries, and the Prison Officers Association have deteriorated over the recent period.

If I may, I will add some flesh to the bones of the concerns about prison safety. If I said that there were, for example, six homicides in prisons in the 12 months to 2016—the highest number on record—that would be a matter of concern to the prison estate and to this House. If we added to that the fact that serious assaults in prisons have more than doubled in the last three years, to over 2,197 prisoner-on-prisoner assaults and 625 serious assaults on staff in 2015, that would be of concern to the Prison Service and to this House. The number of sexual assaults has doubled since 2011 to more than 300 cases in 2015.

The Chairman of the Committee—my hon. Friend, if I may call him that—mentioned the national tactical response group, which has dealt with 400 serious disturbances in the financial year. The tactical response unit is not brought out unless the incident is extremely serious. Emergency services were called out to prisons more than 26,000 times in 2015 and the number of fires in prison has increased by 57% in the past year.

The rates of self-harm in prison are at the highest level ever recorded, with 32,313 self-harm incidents in 2015; in itself, that is a 40% rise over the previous two years. The Minister particularly needs to think about a policy issue relating to sentences of imprisonment for public protection, which were introduced by the Government I served in—although not when I was there.

The highest level of self-harm in prison is currently among those who are on IPP sentences. I suspect that that is largely because they do not have any date for when they will be released, which creates additional pressure on their mental health—never mind the challenges that brought them into prison in the first place. Women—even though the number of women in the prison population is small—now account for 23% of all incidents of self-harm across the board.

Those are difficult, staggering statistics, which show a deterioration over a number of years, but which are backed up by the position taken by the former chief inspector of prisons, Nick Hardwick. In his 2014-15 annual report—this is damning stuff—he said:

“You were more likely to die in prison than five years ago. More prisoners were murdered, killed themselves, self-harmed and were victims of assaults than five years ago. There were more serious assaults and the number of assaults and serious assaults against staff also”—

increased in that period. The former independent chief inspector of prisons also said, and I will return to this point in a moment:

“It remains my view that staff shortages, overcrowding and the wider policy changes described in this report have had a significant impact on prison safety.”

As hon. Members have indicated in interventions, there are two reasons why prison safety might deteriorate. The first is changes in the cohort of prisoners. We undoubtedly have prisoners with more drug problems and more mental health challenges, who are in for more serious crimes. However, when that is coupled with the reduction in staff and the pressures on staffing and on the Prison Service to meet those objectives in a time of great change, there are additional strains.

Nick Hardwick said:

“I share the conclusion of the Justice Committee report”.

I do not need to repeat it all, because the Chairman has outlined it, but it states:

“We believe that the key explanatory factor for the obvious deterioration in standards over the last year is that a significant number of prisons have been operating at staffing levels below what is necessary to maintain reasonable, safe and rehabilitative regimes.”

The hon. Members for Henley (John Howell) and for Cheltenham (Alex Chalk) have indicated strongly in interventions that the purpose of prison is not just punishment but rehabilitation. If we cannot provide rehabilitation and work and monitor some of the challenges that people face every day as a result of prison numbers, the challenges and frustrations will grow, and ultimately they will be taken out in prisoner-on-prisoner attacks, prisoner-on-staff attacks, self-harm, deterioration and in very tragic cases, suicide.

The current chief inspector of prisons said on the release of his annual report this year that the “simple and unpalatable truth” is that

“too many of our prisons… have become unacceptably violent and dangerous places.”

That is a very damning statement, which the Government should, will and, I hope, can respond to.

The prisons and probation ombudsman joined in the commentary on the current state of prisons, backing up what has been said so far. He said:

“resources and staffing in prisons are undeniably stretched”

and

“it is disappointing how often—after invariably accepting my recommendations—prisons struggle to sustain the improvement I call for.”

This is a difficult, challenging area, as anyone who has ever worked in the prison system will understand. I know that hon. Members who have held the post of prisons Minister in the past, or hold it now, will want to see improvements, and the key thing we need to look at is what those improvements are.

The hon. Member for Henley said that the Government’s response was a bit thin. Without being tedious in my repetition, it was indeed a bit of a thin response to the challenges identified in this report. The Government said—this is valuable and welcome, and the Minister will no doubt repeat this later:

“Prison safety is the Department’s top priority and is fundamental to making the radical reforms…We need decisive action to improve upon the current unacceptable levels of violence, self-harm and self-inflicted deaths.”

In saying that, the Minister confirms not just the statistics that we have—the statistics that, for example, the Prison Reform Trust have brought before us, and what the Minister’s chief inspector of prisons and the prisons and probation ombudsman have said—but what is common knowledge among prison officers who work in the system. They have said that assaults are rising and prisons are more dangerous, with more deaths and more self-harm.

I hope that the Minister can put some flesh on the bones of the Ministry of Justice’s thin response. Let me start with the statement that:

“The autumn plan will include specific steps for improving safety in prisons. It will detail the urgent steps required to improve the security in our estate”.

Well, leaves are falling off trees now; we are technically into autumn. Could we have some indication—not just in the future—of what will be in that plan? What are the plan’s key features and its direction of travel? If urgent steps are required, they were required when the prisons inspector’s report was published, so will the Minister give some indication of what that means?

The response also says that the Government are:

“Monitoring the effectiveness of the recent investment of an additional £10 million in the Prison Service”.

Monitoring the investment they have put in place is hardly an action plan. I would like to know what that £10 million has been spent on, whether it is sufficient to meet the existing challenges and whether the Minister has secured further investment to increase that £10 million. Presumably that £10 million is meeting some objectives to help reduce the challenges we face, but I am not clear what they are.

The response then gets a little more disingenuous. The Government say that they will enhance

“the recruitment, and training, of prison officers. We have appointed more than 3,100 new Prison Officers since January 2015”,

and that the overall number, therefore, will rise “by 300”. From January 2015, the number of prisoner officers is rising by 300, but it is not unknown to the Committee that prison officer numbers in March 2010 were 49,230 and that the prison officer numbers in March 2016 were 43,530, which means approximately 7,000 fewer prison officers are in place now than were in place six years ago. The Government say that prison officer numbers have increased by 300 because of their investment, but that is not really making a dent in the real issues and challenges that have been identified by the chief inspector of prisons, the prisons and probation ombudsman, the Prison Officers Association and not least, by the Chairman of the Select Committee and ourselves as Members.

[Dr Huq]

My right hon. Friend is painting a very compelling picture and giving a timeline. Does he agree that the logical consequence of the bleak picture he paints is more incidents such as the walkout in May at Wormwood Scrubs prison by staff, who felt so unsafe that they downed tools? That prison is on the border of my constituency—it is next door, in the constituency of my hon. Friend the Member for Hammersmith (Andy Slaughter). The situation has been described as “Dickensian squalor” by the current chief inspector, Peter Clarke, whom the Committee interviewed. I know this lot—the Government—are into Victorian values, but this is the wrong value to go for.

[Mr Hanson]

Self-evidently, if prison officers feel so unsafe in their place of work that they walk out, it is for them to express that concern. I hope they find mechanisms other than walking out because not being there does not make the prisoners any safer.

The key thing—this is linked to the previous point—is that six years ago there were 1.73 prisoners for each prison officer. Now, there are more than 2.015 prisoners for each prison officer, which affects the amount of investment and time they can put in. The Government’s response shows that a lot of people are walking away from the Prison Service. We have appointed 3,100 new prison officers in the past year but, overall, there has only been a rise of 300 officers. As well as the Government dealing with the issue of having sufficient prison officers, I would welcome their view on retention. Ultimately, we face a situation whereby some prisons have experienced prisoners and inexperienced prison officers, which is not a good mix if the system is to be managed effectively.

If we are losing the number of prison officers that the Minister’s report says we are in just one year—we have a net increase of only 300 prison officers after recruiting 3,100—what steps is he taking to incentivise people to stay, to ensure we retain recruitment and to keep experienced officers in place? Given the age profile of prison officers, will the trend be such that the Minister really has to ramp up recruitment because people will want to retire as they approach natural retirement age? What profiling has he done and will he confirm to the Justice Committee that his recruitment numbers will have a real impact given the number of prison officers we have lost?

The Government’s response puts in a word about mobile phones, which is a perennial problem that we have all dealt with during our times in the Ministry of Justice. They also make points about drugs in prison and about detection, which is equally important. They then come to the next issue, which is:

“Building five new prisons by 2020 to modernise the prison estate and close the most inefficient out of date jails.”

Perhaps the Minister will tell us, apart from Her Majesty’s Prison Berwyn, which is 10 miles down the road from my constituency, which are the other four prisons? When will he put bricks on the ground and which are the inefficient and out-of-date jails? At what stage will those predominantly Victorian prisons, possibly even some that have been mentioned today, be closed and what is the transition period for that? What measures, including staffing numbers, design, education and input, is he building into the new prisons, such as HMP Berwyn, to make them safer?

We can all sit here and pontificate on what should be done, but it is clear from the tone of the debate and the information to date that there has been serious deterioration over a range of measures and indices over the past five—and particularly the past two to three—years. A range of things can be done regarding staffing ratios, retention, drugs, mobile phones, education, mental health and the cohort of prisoner numbers, but it comes down to points made by my fellow Justice Committee members, the hon. Members for Cheltenham, for Henley and for Bromley and Chislehurst. If we are going to continue to imprison people at the rate that we are, sufficient resources must be put in to manage that in an effective way to provide rehabilitation.

Looking into ways of taking people out of the Prison Service and into short-term community sentences might take some of the pressure off prison numbers. We cannot have a situation whereby there is an increased cohort of difficult, challenging prisoners with mental health, drug and alcohol problems, who are in for violent offences, and for longer sentences for a range of offences, when the way in which prison operates is dealt with by an ever-diminishing number of staff who are more poorly trained than and not as experienced as the people they are replacing, and whose safety, along with those who are in prison, is paramount.

Will the Minister put a bit more meat on the response now or indicate to the Justice Committee at what stage a bit more meat will be put on it? I look forward to the Committee being able to assess indices of success so that we have clear measurements of where improvements will be made.

With due respect to the document, rather than blind assurances that the Government will produce a plan, monitor effectiveness, look into increasing the number of prison officers, deal with drugs and phones, and build some new prisons, I would like a bit more detail. If the Minister is not able to give that today, will he commit to reporting back to our Committee at a time of his convenience with a detailed plan, including detailed indices for improvement and detailed financing for those indices, so that we can measure what happens in the future, rather than just take assurances, which, while well meant, may not actually meet the objectives we have set?

--- Later in debate ---

[Mr Hanson]

I will try, forensically, to tie the Minister down to something. In his response, he mentioned that we have had a net increase of 300 prison officers since January, on recruitment of 3,300. Given the fall of 7,000 since 2010, what is the number that he expects to recruit—net—in the next one, two and three years so as to return to some level of increased staffing?

[Mr Gyimah]

I thank the right hon. Gentleman for his question but he will be disappointed with my answer: I will not make a firm commitment on staffing numbers in this debate.

I will also make a general point: no one factor is driving the changes in our prisons. Staffing is one aspect of that, yes, but there are a number of safety issues across the estate, and we are still seeing the violence in prisons, with different cohorts, regimes and staffing, levels so we should be cautious not to suggest that somehow staffing is the problem. For example, dealing with the scourge of mobile phones in our prisons has a technological answer; it is not a staffing issue. To deal with the problem of violence comprehensively, we need to look at all the different issues driving it.

Even in the debate today, a number of reasons for the rise in violence have been posited. My hon. Friend the Member for Shipley talked about the tariff structure and fixed-term recalls, and some people have mentioned staffing or mental health. What that highlights is that if we are to solve the problem, we need to look fundamentally at what is going on in our prisons. We cannot underestimate the scale of the challenge, and I cannot overstate the Government’s absolute commitment to deal with it.

--- Later in debate ---

[Mr Gyimah]

We in the Ministry of Justice must ensure that we are in a position to deliver the orders of the courts. That means ensuring that there are not only sufficient prison places but adequate staffing. Of course, we cannot run a prison system without adequate staffing, but we face complex challenges and threats in our prison system and there is no simple answer.

[Mr Hanson]

Will the Minister define what he means by adequate? What prisoner-staff ratio is the Ministry of Justice aiming for?

[Mr Gyimah]

We will work with prison governors—I have had meetings with the Prison Governors Association—and the Professional Trades Union for Prison, Correctional and Secure Psychiatric Workers to determine what is the right number to enable staff to do their jobs.

The hon. Member for Hammersmith (Andy Slaughter) mentioned Wormwood Scrubs. I was there and met the governor, Steve Bradford, on 30 August. I discussed particular challenges with him, as well as the excellent work he is doing to improve the regime. I was encouraged that he is committed to reform and to ensuring a safe and secure environment. There are a number of issues that any governor will say we need to address if we are to do that.

The nature of political debate is that we want to simplify things to one issue and deal with that. The situation is quite complex and more nuanced than that.

Oral Answers to Questions

Lord Hanson of Flint Excerpts

Tuesday 6th September 2016 Commons Chamber

[Mr Gyimah]

As my hon. Friend has rightly identified, tackling the challenge—and it is a challenge—of getting prisoners work when they leave requires a concerted effort across government and locally across the community. Every prisoner has the opportunity to meet a DWP work coach before release, and the work coach’s role is to guide them towards employment. Work coaches can also ensure that prisoners know their national insurance numbers and get the other services they need to be able to make an appropriate transition into the community.

[Mr David Hanson (Delyn) (Lab)]

Many prisoners are already on short-term sentences of under nine months and are often in prison for very short periods. Will the Minister give us some advice on how governors will be judged on placing such prisoners into employment when the challenges are very difficult?

[Mr Gyimah]

Since being appointed to this job, I have met a number of governors, and most of them tell us that they want to be empowered to match resources to the needs of prisoners in their prisons, working with local employers and the whole community. That is what governors want, but this is not the responsibility of governors alone. If we want prisoners to be able to go out and find work, businesses have a role, the community has a role and we all have a role. If prisoners can leave, get jobs and restart their lives for the better, we all benefit.

Courts and Tribunals Fees

Lord Hanson of Flint Excerpts

Monday 4th July 2016 Commons Chamber

[Mr David Hanson (Delyn) (Lab)]

I, too, welcome the work undertaken by the Justice Committee, of which I am a member. I am also grateful for the chairmanship of the Committee of the hon. Member for Bromley and Chislehurst (Robert Neill), who has brought us to a consensus on the recommendations in the report. The Government need to reflect very seriously on those recommendations. At the heart of the proposals before us today is access to justice, and that issue is also central to our recommendations.

As the Chair of the Justice Committee has said, we remain concerned first and foremost that the Minister has not yet brought forward the results of the review. That has influenced very strongly how we have been able to present our report, as well as the points we are putting today and the way we are putting them. The Minister could have saved himself a lot of trouble had he brought forward the information requested in the timescale in which we requested it.

As hon. Members will know, during the 2010-2015 Parliament the coalition Government pursued a range of policies aimed at decreasing the net cost of Her Majesty’s Courts and Tribunals Service through the pursuance and introduction of a range of various fees, including, in particular, charges for employment tribunals. As the Chair of the Justice Committee has said, we looked at whether the increase in court fees and the introduction of fees for employment tribunals had affected access to justice. It is fair to say that the conclusions of all members of the Committee were straightforward, especially in the area I will focus on, namely the recommendations on employment tribunal fees. All the evidence we have had—from the judiciary, the trade union movement and organisations dealing with vulnerable people with especially vulnerable status relating to maternity provisions or other similar issues—has shown that there is a real challenge from the impact of fees on employment tribunals as a whole.

I will make one plea to the Minister. It would be helpful if, before the summer recess, he could meet the commitment that he gave to the Committee to publish the results of his one-year review as soon as possible. Given our concerns, it is important that that information is put into the public domain. This is not something he can avoid. He said that he would deliver that information to the Committee before it reported, yet even after the publication of the report the Committee has still not seen it.

Employment tribunal fees are of particular concern to members of the Committee from across the House—certainly to me. As I have just said, the Committee found it unacceptable that the Government had not reported on their review. There was also some damning evidence about the impact of employment tribunal fees on access to justice.

Let me touch on a couple of statistics so the House can get a flavour of why we have those concerns. The number of employment tribunal cases brought by single individuals declined by 67% to around 4,500 per quarter between October 2014 and June 2015. The number of cases brought by more than one person—multiple claims—declined by 72%, from 1,500 per quarter to around 400 per quarter. That is a major decline. It is important that the Minister reflects on that. Is that decline because there are no injustices in the workplace? Is it because people do not feel aggrieved with their employment position? Has the figure declined because people have decided that applying to the employment tribunal for justice is not worth a candle? To all three questions, the answer is no. The decline is due to the prohibitive fees that the Government have put in place.

Statistics provided to the Committee by the TUC and Unison compare cases brought in the first three months of 2013 and 2015, and they show reductions across the board in areas of key industrial activity. For example, the number of cases brought to employment tribunals under the working time directive fell by 78%. My question, which I hope the House will reflect on, is this: is that because 78% fewer employers are making people work longer than their hours under—dare I say it?—European legislation?

The number of tribunals brought for unauthorised deductions from wages has fallen by 56%. Has some miraculous activity meant that employers stopped unfairly deducting from individuals’ wages during that period? If so, the information that the Minister is supposed to have considered might help us to understand that fall in wage deductions. Cases of unfair dismissal have fallen by 72%, equal pay claims are down by 58%, and those for a breach of contract by 75%. Sex discrimination cases have fallen by 68%. Therefore, one of two things has happened: either employers have dramatically improved their performance over the past two years in those areas, in which case let us see the evidence to show that; or people who have been unfairly discriminated against regarding deductions from wages, breach of contract, sex discrimination, the working time directive, or unfair dismissal, have not taken their claims to courts and employment tribunals because of the fees introduced by the Government.

Several cross-party witnesses to the Committee claimed that on maternity pay and pregnancy, for example, employment tribunal fees were having a profoundly discriminatory effect on pregnant women and new mothers who receive poor treatment at work. Rosalind Bragg of Maternity Action said that fees had led to a 40% drop in claims for pregnancy-related detriment or dismissal. The Fawcett Society—again, not a party political organisation—stated that pregnancy discrimination was widespread in the public and private sectors, but that very few women were able to take action because of the deterrent effect of the fees.

That is particularly true for low-value claims. When people are deciding whether to take a case to a tribunal, they will inevitably weigh the cost of the fee against the likely size of an award. If the likely size of an award is low but the sense of having access to justice and feeling strongly about an issue remains high, the levels of fees are still deterring people from taking claims to employment tribunals. Do not listen to me, Madam Deputy Speaker—the Council of Employment Judges told us that, and said that there had been a

“particularly marked decline in claims for unpaid wages, notice pay, holiday pay and unfair dismissal”.

Those are the types of cases brought by ordinary working people, and those are the words of the Council of Employment Judges, not mine.

That shows that there is a problem that the Minister needs to consider seriously. If his evidence indicates that the problem is not as we think it is, he should bring that evidence forward so that we can consider it. The Council of Employment Judges also stated:

“Many judges reported that they now hear no money claims at all. Prior to the introduction of fees money claims were often brought by low paid workers in sectors such as care, security, hospitality or cleaning and the sums at stake were small in litigation terms but significant to the individual involved. There are few defences to such claims and they often succeeded.”

Now, however, such cases are not being taken forward, which should be a worry to the House.

In written evidence, Unison used figures for the median awards for different types of discrimination claims in 2012-13—ranging from just under £4,500 in age discrimination cases, to £7,500 in disability discrimination cases—to support its contention that fees constituted such a high proportion of probable awards that many claims would not go forward because people found them excessively difficult to pursue. Indeed, a survey by Citizens Advice indicates that 47% of its respondents would have to put aside—wait for this, Madam Deputy Speaker—six months of their discretionary income to be able to afford the £1,200 needed to bring a type B claim. If people on a low income feel aggrieved but have to put away £1,200—six months of their discretionary income—it is self-evident that those who have a just claim will not take it forward because of the fee.

[Dawn Butler (Brent Central) (Lab)]

Does my right hon. Friend concur with trade union reports, which have found that women and black and Asian people have been particularly affected by not being able to afford the fees?

[Mr Hanson]

That is an important point. Women are more likely to be in low-paid jobs and there is employment discrimination in many areas against black, Asian and minority ethnic communities. The key point in the case I am putting to the Government is that the Committee heard evidence showing that the fees have a discriminatory effect. The Government have investigated this matter, but have not yet produced their report to say whether they believe that to be the case. There may be other reasons—I do not doubt that there are—but the key point from today’s report is for the Government to provide evidence to the House. The Committee was unanimous in saying that there is a discriminatory effect that deters claims from the poorest, the lowest paid and those in the most insecure employment. It is therefore hitting those who have no other defence than an employment tribunal, which is now out of reach.

This is a matter of access to justice, which we on the Committee, on a cross-party basis, have put on the agenda. We have said that there is a real case to answer. It is for the Minister, both today and in the future, to respond to the report and answer that case.

--- Later in debate ---

[Mr Raab]

My hon. Friend raises a perfectly legitimate point. If he is willing to be patient, I will write to him with any precise details that I have.

In its report, the Committee accepts the principle of charging court users a contribution towards the cost of operating our courts. Whatever the specifics, I think that that principle is accepted. It is a question of balance between taxpayer subsidisation and user pay. I welcome the Committee’s finding in that regard.

Under the Treasury’s “Managing public money” rules, fees for public services should usually be set at a level designed to meet the cost of those services. However, Parliament has granted, through the Anti-social Behaviour, Crime and Policing Act 2014, a power that allows the Government to set court and tribunal fees at a level above the cost of the service. The income from those fees must be used to fund an efficient and effective system of courts and tribunals. When setting these fees, the Lord Chancellor must have regard to a number of factors, including the need to preserve access to justice. I assure hon. Members that we take that requirement seriously. The idea that somehow a profit is being made is not accurate according to the law, let alone the practice.

I will now turn to the specifics of employment tribunals. I appreciate the concerns expressed both by the Committee and by hon. Members across the aisles. Those who have spoken today have mentioned in particular the impact of fees on employment tribunals. When fees were introduced, there were three main objectives. The first was to transfer a proportion of the cost of the tribunal from the taxpayer to those who use it, where they can afford to pay. The second was to encourage people to consider other ways of resolving disputes, in particular the ACAS conciliation services, which are provided free of charge. There has been virtually no mention of them in this debate. The third objective was to protect access to justice. I do not think that anyone could disagree that those are legitimate aims to pursue.

The main concern about employment tribunal fees has been the large fall in the number of claims immediately after fees were introduced, but it is not that surprising that the volume of claims has fallen. It is obvious that more people will use a service if it is free than if they have to pay to use it. It is also worth reminding hon. Members across the House of a few key facts. First, help is available for those who cannot afford to pay, through fee remissions. Under that scheme, someone who is eligible for help may have the fee waived either in part or in full. We have taken steps to make sure that more people are aware of the help available, and that has led to a marked increase in take-up under the scheme.

Secondly, and crucially, the introduction of the ACAS early mandatory conciliation service has been a success, with more than 83,000 people referring their disputes to ACAS in the first year. As many people are using the ACAS conciliation service now as were previously referring their disputes to the ACAS voluntary service and the employment tribunals combined. That is important, regardless of whether the dispute ends up with a meritorious claim succeeding; it is valuable that potentially divisive disputes can be settled in that way.

[Mr Hanson]

When will the Minister publish the impact assessment that the Committee has asked for?

[Mr Raab]

I will come on to that, if the right hon. Gentleman will bear with me for a few moments, because there are a lot of other points to get through. The point—this has been missed almost entirely in the debate—is that we are seeing the right kind of behavioural change.

Thirdly, the tribunal has the power to order the respondent to reimburse the claimant with his or her fee, if the claim is successful. Finally, on top of that, the Lord Chancellor has an additional power to remit fees where there are exceptional circumstances.

I appreciate that the Committee and hon. Members have not been shy in criticising the delay in completing the review. It is true that when we announced the review in June last year, we had hoped to finalise it by the end of the year. That simply was not possible and it is clearly important that we take time to carefully consider all the relevant material. It is regrettable that it has taken longer than planned, and I am sorry about that. I have looked into the situation and we will get the response published as soon as possible.

In our evidence to the Committee, however, we made it clear that, while we hoped that the review would be completed swiftly, we could not give a firm commitment on timing. I reassure hon. Members and the Chair of the Committee that the review is very close to completion, so I hope to be able to make an announcement in the near future.

Oral Answers to Questions

Lord Hanson of Flint Excerpts

Tuesday 14th June 2016 Commons Chamber

[Michael Gove]

One thing we can do particularly effectively is ensure that prisons, whether reform prisons or others, have close and effective working relationships with the community rehabilitation companies that were instituted by my predecessor and are doing so much to ensure that all prisoners, whatever the length of their sentence, receive support on release.

[Mr David Hanson (Delyn) (Lab)]

Given that the Justice Secretary has already announced the six prisons that are to be reform prisons, but he has not yet announced the White Paper or indeed published the prison reform Bill, will he tell the House when he will do the latter, because at the moment he is putting the cart before the horse?

[Michael Gove]

It is important that we give the governors of these prisons as much freedom as possible. It is also important that they are able now to explore some of the additional freedoms operationally without the need for legislation. In the autumn, we hope to publish a White Paper and the legislation alongside it.

--- Later in debate ---

[Andrew Selous]

I am very grateful to my hon. Friend for raising this extremely serious point. He may know that mental health provision in prisons is provided by NHS England and by local health boards in Wales, and that it is based on locally assessed need. All prisons have procedures in place to identify, manage and support people with such health needs. We are, however, keen to give governors increased freedoms and flexibilities to be able to respond to the needs of their populations, and we are actively talking to Ministers in the Department of Health about this issue.

[Mr David Hanson (Delyn) (Lab)]

T3. Will the prisons Minister simply confirm that, despite his recruitment efforts, there are still 7,000 fewer prison officers in post today than there were in May 2010? Will he simply say yes?

Safety in Custody and Violence in Prisons

Lord Hanson of Flint Excerpts

Monday 9th May 2016 Commons Chamber

[Andrew Selous]

It would be a pleasure to visit HMP-YOI Portland with my hon. Friend in due course and I note what he says about the design of that particular prison. The £1.3 billion commitment provides the Government with the opportunity to get the best design knowledge from around the world to ensure that the new prisons we build are as safe as possible. That will also enable us to cease to operate some prisons where assaults and bullying take place in part because of poor design.

[Mr David Hanson (Delyn) (Lab)]

In the first five years of this Government, the number of prison officers fell by 41%. In the sixth year of this Government, assaults on prison officers rose by the same percentage—41%. The Minister mentions that prison officer numbers are increasing, but he uses a figure based on the past couple of years. Will he tell me how many prison officers there were in 2010 and how many there are today?

[Andrew Selous]

I do not have those particular figures to hand for the right hon. Gentleman, although my memory is that he has asked me that question before and that I have written to him with the answer. I will dig out the letter I sent to him; maybe it went astray. Speaking as a current prisons Minister to a former prisons Minister—I know he cares as deeply about these issues as I do—he will know that these issues are not easy. He knows that his own Government faced considerable difficulties on exactly the same issues. What is not in doubt is this Government’s utter determination, through the prison reform programme, to get on top of them.

Oral Answers to Questions

Lord Hanson of Flint Excerpts

Tuesday 26th April 2016 Commons Chamber

[Andrew Selous]

I am delighted that the hon. Gentleman has raised this issue, and I am extremely proud that the United Kingdom has the world’s first autism-accredited prison in Feltham, which I visited recently with my right hon. Friend the Member for Chesham and Amersham (Mrs Gillan). I want more prisons to go down that route, and he is absolutely right to raise the issue.

[Mr David Hanson (Delyn) (Lab)]

The Minister has two laudable objectives: work in prison and reducing reoffending by getting prisoners employment outside prison. How does he intend to achieve those objectives when staffing is under such severe pressure because of the reduction in the number of officers, and when does he intend to produce the guidance to governors on reoffending in their prisons?

[Andrew Selous]

We continue to recruit prison officers at full throttle. Last year, we recruited 2,250. I am optimistic about the employment agenda as more and more employers realise that our prisons can be part of the answer to the nation’s skills shortage. We will provide governors with all the guidance that they need as we roll out the reform prison agenda.