Prisons and Courts Bill

Baroness Harman Excerpts

2nd reading: House of Commons
Monday 20th March 2017 Commons Chamber

[Ms Harriet Harman (Camberwell and Peckham) (Lab)]

The Bill gives the House, the Secretary of State and her prisons Minister the chance to do something that should have been done a long time ago, but that is now urgent, which is to end the death toll of suicidal mentally ill people who take their own lives in our prisons. When the state takes someone into custody, we have a duty to keep them safe—their life becomes our responsibility—yet prisons are not a place of safety. Last year, 12 women and 107 men took their own lives while in prison in the custody of the state. This Bill affords us the important opportunity to change the law to prevent these tragic deaths, and we must seize that opportunity because the problem is urgent and growing.

We all know that the issue of prison reform is not one that brings people out on to the streets, or that tops the agenda at election time. Unfortunately, I wish I could agree with the Chair of the Justice Committee, the hon. Member for Bromley and Chislehurst (Robert Neill)—I did agree with much of his speech—but I think that when it rises up the agenda, it is usually not in the cause of liberalising prison regimes, but because of demands to make them more draconian. That makes the job of the Secretary of State and the prisons Minister, in any Government, particularly challenging, and it is why, where possible, a cross-party approach is important. It is also why the Committee that I have the honour to chair, the Joint Committee on Human Rights—it is cross-party and composed of members from both this House and the House of Lords—is conducting an inquiry into suicides in prison.

Every single one of these deaths is an absolute tragedy for each individual and their family. Mark Saunders, the father of Dean, who took his own life, told our Committee earlier this month that

“we do not have capital punishment in this country but”

when Dean was sent to Chelmsford prison, he was sentenced to death. So, too, for Diane Waplington, whose mother and aunt came to Parliament to give evidence to our Committee: her suffering had been so intense that, to harm herself, she set fire to a mattress while in a secure hospital, and the response was to send her to Peterborough prison, where she took her own life.

The tragedy of suicide in prison is not new, but, as the Government acknowledge, it is worsening. Last year, the number of self-inflicted deaths rose by 32%. It is not a new problem or even one where no one knows what to do. Over the years, there have been numerous weighty reports to which Members of this House, Members of the House of Lords, judges and many others have contributed. They have analysed the problems and mapped out solutions, and successive Governments have welcomed their proposals, changed policy and issued new guidelines, but nothing changes, except the death toll, which rises. In 1991, we had the Woolf report; in 2007, the Corston report; in 2009, the Bradley report; and in 2015, the Harris report. It is not that we do not know what needs to be done; it is just that we have not done it.

We must recognise reality. There is no point in having more reviews, new policies or new guidance; we must make sure that the changes we all know are needed actually happen in practice. For that to happen, we need a legal framework that will ensure that the necessary changes take place because they are required by statute. Reports, guidance and White Papers are not enforceable and are not enforced, but the law is. The Bill is the opportunity to put into law the changes highlighted by the countless weighty reviews and inquiries.

The inquiry by the Joint Committee on Human Rights is still ongoing, but because the Bill is now before the House, I want to ask the prisons Minister to consider including new clauses to put the following proposals into law. There should be a legal maximum for the number of prisoners per prison officer. When there are not enough staff—sometimes just two prison officers on a wing of 150 prisoners—prisoners remain locked in their cells. Medical appointments and educational sessions are missed. They do not get to see the nurse for their medication. Calls for help go unanswered. Prison officers do not have the time to unlock prisoners for exercise, let alone sit down and get to know them. In the vacuum, the worst prisoners take charge. Staff become demoralised and defensive, prisoners angry and frightened, and the most vulnerable at risk.

We can either cut the number of people going to prison or increase the number of prison officers, but the Government have been cutting the number of prison officers while the number of prisoners has increased. We can see a clear correlation between the falling number of prison officers and the rising number of prison suicides —I put the graph, which shows this very clearly, on a tweet just now. Unless the prisoner to prison officer ratio changes, the death toll will continue to rise. We have an opportunity to put into the Bill a legal maximum prisoner-prison officer ratio.

There should be a legal maximum time in which a prisoner can be locked in their cell. The Government agree that there should be a maximum time—it was in their response to the Harris review and it is in their White Paper—but it does not happen. A legal obligation is required to make sure that it does.

There needs to be a legal obligation for the Prison Service to ensure that each young or adult prisoner with mental health problems has a key worker, whether a prison officer or someone else. What matters is that there is an individual who takes responsibility for bringing together all the information from the different services inside and outside the prison, and, crucially, that there is someone to liaise with the family. That is in the White Paper, but I say to the Minister that unless it is in the Bill it just will not happen. It will remain nothing more than a good intention.

Unless there is a specified reason that it should not be the case, the relatives of a suicidal prisoner should be informed of, and invited to take part in, the safety reviews or ACCTs—the assessment, care in custody, and teamwork reviews. Of all the people involved, the family knows the prisoner best and care about him or her the most. The family of Dean Saunders told us that far from being given the chance to contribute to the reviews of the measures to keep him safe, it was not until the inquest that they actually found out that in the two-and-a-half weeks he had been in prison there had been eight reviews conducted by staff who did not know Dean or anything about him.

There needs to be a legal obligation to ensure that all young offenders and suicidal prisoners are able to call a specified and approved member of their family. One of the most frightening things for a prisoner suffering the misery and fear of mental illness is being out of touch with their family. A desperate, confused and terrified mentally ill prisoner cannot stand on a wing queuing for a phone, and cannot find their way through PINs or getting permission. Phone technology is perfectly advanced enough now for there to be a system for suicidal prisoners to be able to call home.

Where a prisoner needs to be transferred to a mental hospital, there should be a legal maximum time limit between the diagnosis and the transfer. If a prisoner is regarded as so ill that they cannot stay in prison and they need to be moved to a secure hospital, that must happen right away. Under Mental Health Act 1983 guidance, that is supposed to be no more than 14 days, but it often takes many months. The maximum time limit should be laid down in law.

If the Minister says that these six measures are too detailed and specific to be in law, I say: look at the law that applies to education and health, where we find legal provision for maximum staff-child ratios and legal time limits for referral for health treatment. If it is good enough for education and the health service, why not for our prisons? If the Minister says that these issues do not need to be in law, or that they can be or already are in guidance, I say: we have done that over and over again and it has not worked. It is now time to put them into law. If the Minister says that these issues are more suitable for regulations than for being on the face of the Bill, I would have no objection. Whether they are in primary or secondary legislation is not what matters; what matters is that they should be put into law.

I know exactly what the Minister’s civil servants will say when he goes back to his Department. They will say it is unnecessary or that it cannot be done, but I ask him most sincerely to reflect on this point. Being a prisons Minister is a great responsibility and a great privilege, and I know that he is committed to his ministerial role, so I hope he will resist the voices who will urge him to do no more than preside over this wretched status quo. I ask the House to help the Minister to do what needs to be done by putting new clauses into the Bill.

Nothing will bring back Dean Saunders and Diane Waplington, whose heartbroken families gave evidence to our Committee, or any of the other 12 women and 107 men who killed themselves in our prisons last year alone, but we in this House and the Minister have a chance to make the Bill a turning point where we stop talking about the problems that are costing lives and take action. As prisons Minister, he more than many other Ministers has an opportunity to make a difference and to save lives. I hope he will seize that chance. We must make sure that he does.