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Written Question
Prisoners: Home Leave
Thursday 21st December 2023

Asked by: Earl of Sandwich (Crossbench - Excepted Hereditary)

Question to the Ministry of Justice:

To ask His Majesty's Government what plans they have, if any, to grant short periods of home leave over Christmas for non-violent prisoners who have demonstrated good conduct during their sentence.

Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)

The Prison Rules in England and Wales provide that a prisoner may be allowed to leave prison for short periods on temporary licence (ROTL). The main purpose of ROTL is to aid resettlement and suitable, risk assessed prisoners may be allowed out during the day to, for example, work, attend college, attend an interview or maintain/re-establish links with their family. They are also, once at the required stage of their sentence, allowed to apply for temporary release overnight for a maximum of four consecutive nights a month.

The decision to allow temporary release is taken by the prison governor, on behalf of the Secretary of State, who must always balance the needs of the prisoner and the purpose of the ROTL applied for, against the need to maintain public safety and the public’s confidence in the criminal justice system. Each decision is taken on a case by case basis to safeguard the public.


Written Question
Human Rights: Reviews
Monday 6th March 2023

Asked by: Earl of Sandwich (Crossbench - Excepted Hereditary)

Question to the Ministry of Justice:

To ask His Majesty's Government what their timetable is for achieving the fourth Universal Periodic Review of human rights in the UK; and what consultations they have so far completed.

Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)

The UK is very supportive of the United Nations’ Universal Periodic Review (UPR) process and has recently completed its fourth cycle.

In January 2022 the UK Government, in collaboration with the devolved governments, ran a series of engagement sessions with civil society organisations and the UK’s National Human Rights Institutions (NHRIs) covering a breadth of human rights issues, to facilitate open discussions about any particular areas of concern.

In August 2022 the UK submitted its state report to the UN, a copy of which can be found on gov.uk, and in November 2022 the UK attended an interactive dialogue session with the Human Rights Council and other UN Member States. During that session a number of recommendations on cross-cutting human rights issues were made.

Following consultation with the devolved governments, civil society organisations and the UK’s NHRIs, the UK has now submitted its position on the UPR recommendations to the UN. These will be formally adopted at the 52nd session of the Human Rights Council later this month and will be subsequently published on the UN website.


Written Question
Prisons: Coronavirus
Wednesday 27th May 2020

Asked by: Earl of Sandwich (Crossbench - Excepted Hereditary)

Question to the Ministry of Justice:

To ask Her Majesty's Government how many (1) prisoners, and (2) prison officers, have died from COVID-19; and what plans they, if any, to (a) increase testing, and (b) introduce further safeguarding measures, for COVID-19 in prisons.

Answered by Lord Keen of Elie

We are working hard to contain the spread of COVID-19 in the prison system as part of the national plan to protect the NHS and save lives. We are implementing a range of measures to reduce the spread of the transmission of the virus and the numbers of lives sadly lost.

As of 5pm on Thursday, 14 May, we are aware of 21 prisoners and 8 prison staff who sadly have died with COVID-19

NHS England and Improvement is responsible for testing for COVID-19 both in the community and in secure settings. As such, we do not hold data on staff and prisoner testing. On 24 April, the Secretary of State for Health and Social Care, announced the rollout of COVID-19 testing for all essential workers and symptomatic members of their household, including prison staff, those working in Approved Premises (APs) and probation staff (including private sector service providers) in England. We have referred over 3,000 HMPPS staff for testing to date.

In Wales, testing for prison, AP and probation staff and symptomatic members of their household is being delivered through local resilience forum arrangements and through Local Health Boards.

For prisoners, tests will be conducted on symptomatic prisoners on site. The testing capacity and availability can vary between establishments, depending on local circumstances at the time.

We are continuously working with Public Health England and Public Health Wales to improve our safeguards in prisons. Our strategy has shown early signs of success in limiting the transmission of COVID-19.


Written Question
Prisons: Staff
Wednesday 27th May 2020

Asked by: Earl of Sandwich (Crossbench - Excepted Hereditary)

Question to the Ministry of Justice:

To ask Her Majesty's Government what (1) health checks, and (2) tests, are conducted on staff working in prisons on a routine basis.

Answered by Lord Keen of Elie

HM Prison and Probation Service makes sure that it fully complies with the Health and Safety at Work Act 1974 in providing a safe place of work and safe systems of work for all of our staff working in prisons.

Prior to employment of a prison officer, a trained nurse will carry out a medical assessment and upon employment, mandatory physical fitness tests are conducted for prison officers on an annual basis. Fitness tests must be passed for the prison officer to remain fit for work.

Wellbeing days are delivered across prison, probation and HQ sites and includes weight, body fat percentage, blood pressure, blood glucose and cholesterol checks.

Staff receive occupational vaccinations programmes and vaccine history checks, including blood tests, to ensure prison and probation staff are protected at work. This includes Hepatitis B immunisation, the annual flu vaccine and a 24-hour helpline for suspected and actual body fluid exposure incidents in prisons and at probation sites.

In respect of Covid-19, occupational health is able to give clinical advice to managers on fitness to work. Testing is currently offered to all prison staff through a national programme delivered by the Department of Health and Social Care.


Written Question
Prisoners' Release: Coronavirus
Wednesday 27th May 2020

Asked by: Earl of Sandwich (Crossbench - Excepted Hereditary)

Question to the Ministry of Justice:

To ask Her Majesty's Government how many prisoners have been released due to the COVID-19 pandemic; and how many of any such prisoners have been in prison due to committing sexual offences and released from (1) open, and (2) closed, prisons.

Answered by Lord Keen of Elie

On 31 March, we announced that pregnant women and prisoners with their babies in custody will be considered for Release on Temporary Licence (ROTL) on compassionate grounds during the COVID-19 pandemic. As of Friday 15 May, 21 pregnant women and mothers with babies in custody have been released.

In addition, prisoners identified as ‘extremely vulnerable’ as defined in the NHS guidelines will merit consideration for ROTL on compassionate grounds during the COVID-19 pandemic. As of Friday 15 May, 5 extremely vulnerable individuals have been released.

On 4 April, we announced the End of Custody Temporary Release scheme. This scheme enables risk-assessed prisoners, who are within two months of their release date, to be temporarily released from custody, as part of the national approach to managing public services during this challenging period. As of Friday 15 May, 66 offenders have been released under this scheme.

54 offenders were released from closed prisons and 38 were released from open prisons. None of the offenders released were serving sentences for sexual offences.


Written Question
Prisons: Prescription Drugs
Thursday 24th November 2016

Asked by: Earl of Sandwich (Crossbench - Excepted Hereditary)

Question to the Ministry of Justice:

To ask Her Majesty’s Government what training is given to prison officers, in addition to methods of control, in the care and treatment of offenders who suffer from dependence on, and withdrawal from, prescription drugs.

Answered by Lord Keen of Elie

The effects of prescription drugs is outlined in the Prison Officers Entry Level Training (POELT) substance misuse module, which explains how mood, behaviour and the body is affected as a result of taking excessive quantities of them.

Officers are trained in First on Scene where they learn how to react to a situation, assess and manage it to ensure a safe outcome. An officer is not trained or expected to make a medical diagnosis but they have a duty of care to the offender and would need to refer them to a healthcare assistant if they are displaying symptoms of dependence or withdrawal from drugs. An officer is trained to recognise these symptoms and learns the relevant treatment and recovery services which are available to an offender.

The primary care team undertake an initial assessment to determine immediate risk and healthcare needs; including the assessment of any substance misuse needs. Those identified as having a need are referred to substance misuse services for clinical management. This may include prescribed medication for detoxification or maintenance. Various long-term interventions are available to the offender to help them recover such as accredited and non-accredited rehabilitative programmes, structured psychosocial interventions, access to mutual aid groups, and life skills work.

For note, the responsibility for commissioning and provision of health treatment, including substance misuse services, lies with NHS England and NHS Local Health Boards in Wales.


Written Question
Asylum: Appeals
Wednesday 8th July 2015

Asked by: Earl of Sandwich (Crossbench - Excepted Hereditary)

Question to the Ministry of Justice:

To ask Her Majesty’s Government whether they plan to review how the contribution of lay members in asylum cases is treated following the Court of Appeal judgment in <i>PF (Nigeria) v the Secretary of State for the Home Department </i>[2015] EWCA Civ 251, in which the importance of the lay member’s interpretation on matters of fact was highlighted.

Answered by Lord Faulks

HMCTS does not routinely assess the number of lay members sitting in asylum cases or their regional distribution by either location or appeal type, as the composition of panels is a judicial function.

The First-tier Tribunal and Upper Tribunal (Composition of Tribunal) Order 2008 states that the composition of Tribunal panels is the responsibility of the Senior President of Tribunals. The need for non-legal members is continuously assessed by the Immigration and Asylum Chambers and sitting days are made available based on workloads and requirements set out under the Senior President’s delegated powers.

The contribution and deployment of non-legal members is a matter for the Senior President of Tribunals.


Written Question
Asylum: Appeals
Wednesday 8th July 2015

Asked by: Earl of Sandwich (Crossbench - Excepted Hereditary)

Question to the Ministry of Justice:

To ask Her Majesty’s Government what assessment they have made of (1) the number of lay members sitting in asylum cases, and (2) the regional distribution of lay members who sit in asylum cases; and what steps they are taking to promote the sitting of lay members in asylum cases, in particular those concerned with appeals by foreign criminals against deportation involving complex assessments of Articles 3 and 8 of the European Convention on Human Rights.

Answered by Lord Faulks

HMCTS does not routinely assess the number of lay members sitting in asylum cases or their regional distribution by either location or appeal type, as the composition of panels is a judicial function.

The First-tier Tribunal and Upper Tribunal (Composition of Tribunal) Order 2008 states that the composition of Tribunal panels is the responsibility of the Senior President of Tribunals. The need for non-legal members is continuously assessed by the Immigration and Asylum Chambers and sitting days are made available based on workloads and requirements set out under the Senior President’s delegated powers.

The contribution and deployment of non-legal members is a matter for the Senior President of Tribunals.


Written Question
Immigration: Appeals
Tuesday 11th November 2014

Asked by: Earl of Sandwich (Crossbench - Excepted Hereditary)

Question to the Ministry of Justice:

To ask Her Majesty’s Government whether the deployment of expert non-legal members in the Immigration and Asylum Chamber has been reduced; and, if so, whether they have any plans to recommend a review of the situation following the recent consultations within the judiciary.

Answered by Lord Faulks

In 2014/15 non-legal members have sat for 419 days within the Immigration and Asylum Chambers between 1 April 2014 and 30 June 2014, the most recent reporting period. This is a reduction of 35 sitting days from the same period in 2013/14 when non-legal members sat for 454 days.

The First-tier Tribunal and Upper Tribunal (Composition of Tribunal) Order 2008 provides that composition of Tribunal panels is a matter for the Senior President of Tribunals and that this power may be delegated to Chamber Presidents. The Immigration and Asylum Chambers make available sufficient sitting days for non-legal members required for the panel compositions requested under the Senior President’s delegated powers and there are no plans to recommend a review at this time.