Safety in Custody and Violence in Prisons

Debate between Ian Lavery and Andrew Selous

Monday 9th May 2016 Commons Chamber

[Andrew Selous]

It was a great pleasure to go round HMP Northumberland with my hon. Friend not long ago, and I commend her for calling these terrible drugs “lethal” highs. From 26 May they will all be completely illegal when the Psychoactive Substances Act 2016 is enforced. That is very welcome, and my hon. Friend is absolutely right. We will not waver in our determination to crack down on those substances.

[Ian Lavery (Wansbeck) (Lab)]

I thank the Minister for an amicable meeting last week about HMP Northumberland. The common denominator throughout the whole prison estate across the country is simply a lack of manpower. That is causing the violence—whether it be prisoner on prisoner or prisoner on staff—mental health issues and the problems with alcohol, “spice” or whatever. The Minister has said that this issue is challenging. What extra measures can he take to ensure that plenty of staff are employed in prisons to maintain a safe environment for everybody on the prison estate?

[Andrew Selous]

My door is always open to the hon. Gentleman, and if he has further concerns about HMP Northumberland, he is welcome to come and see me again. If we analyse what has happened across the prison estate, we see that the increase in violence has taken place in prisons where there has been an increase in the number of officers and in prisons where numbers have stayed the same, and where there have been reductions. He is right to say that we need adequate levels of staff, which is why I give him the commitment that I have already given the House that we will carry on recruiting at our current level, which included a net increase of 530 officers last year.

Oral Answers to Questions

Debate between Ian Lavery and Andrew Selous

Tuesday 26th January 2016 Commons Chamber

[Ian Lavery (Wansbeck) (Lab)]

8. What support his Department is providing to probation service workers at risk of redundancy.

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

Community rehabilitation companies are responsible for supporting any of their staff at risk of redundancy, in line with employment law. We encourage them to follow good industry practice and the ACAS guidelines. We are working closely with community rehabilitation companies to make sure that they fulfil their contractual commitments to maintain service delivery, reduce reoffending, protect the public, and deliver value for money to the taxpayer.

[Ian Lavery]

There is the potential for 900 probation officers to be made compulsorily redundant within just three CRCs in the very near future. These are the people who stood by the Government at the time of the transitional period into privatisation. They should not be penalised; they should be praised. Will the Minister guarantee that these professionals receive full voluntary redundancy terms and will not be booted out? They provide a very valuable service in the role provided by these private companies on the cheap.

[Andrew Selous]

I repeat what I said just now—we will make sure that the community rehabilitation companies comply with employment law as they are supposed to do. We closely monitor their performance in line with the contracts that they have signed. Last year, 195 extra probation officers became qualified, and we had 750 new probation officers in training. That is the largest intake of newly qualified probation officers for some considerable period.

HMP Northumberland

Debate between Ian Lavery and Andrew Selous

Wednesday 14th October 2015 Westminster Hall

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

As always, it is a pleasure to serve under your chairmanship, Mr Betts. I warmly congratulate my hon. Friend the Member for Berwick-upon-Tweed (Mrs Trevelyan) on securing what I think is her first Westminster Hall debate. If I may say so, she gave a very polished performance, finishing exactly halfway through the time allotted for the debate. I will do my best to address all the points she raised. She spoke about the volunteers who visit the prison, and I gather that she is involved in helping at the prison herself. I thank and commend her not only for being a visitor but for doing something practical to support the prison.

My hon. Friend is absolutely right that safety is central to everything we are seeking to achieve in prisons. I welcome this debate as an opportunity to highlight the activity that is underway at HMP Northumberland to maintain safety and decency and to tackle violence. I am aware that my hon. Friend recently visited the prison—as she has over many years—and met the director and staff. Sodexo has been running prisons for many years and has responsibility for three other prisons in England: Bronzefield, Peterborough and Forest Bank. HMP Northumberland is a category C training prison. It is a very large site holding more than 1,300 adult male prisoners and, she said, it also holds a number of often vulnerable prisoners, mainly those with a history of sex offending.

[Ian Lavery]

I have met the Minister on numerous occasions and those meetings have always been positive. Is he aware that, because of the lack of staff, there is integration of the seriously vulnerable prisoners among the ordinary prisoners? That is causing great concern for safety—mainly for the sex offenders. One thing that has been reported to me on numerous occasions that is absolutely unacceptable is that the food given to some of these vulnerable prisoners has often contained human faeces.

[Andrew Selous]

I am really appalled to learn of that. The hon. Gentleman has raised some detailed points; if he will allow me, I will get back to him. In response to the request by my hon. Friend the Member for Berwick-upon-Tweed that I visit the prison, I would be delighted to do so. That would give me the opportunity to look further into the specific concerns raised, quite properly, by the hon. Gentleman.

The transition from a public sector prison to a private provider is complex and should not be underestimated. A transfer from a public to a private prison has happened only once before, with HMP Birmingham. Such change is unsettling and the transition takes time. As with the experience at HMP Birmingham, the transition at HMP Northumberland presented some challenges for the new provider, which I acknowledge. That was also picked up in the report by the chief inspector of prisons published earlier in the year. The prison has taken action to address the chief inspector’s recommendations, which included completing a review of its induction unit. That has resulted in moving the induction unit to a larger location in the prison, with improved capacity and improved classroom facilities. The National Offender Management Service and Sodexo have worked closely in partnership, particularly during the transition period.

I am aware that concerns have been raised about the numbers of staff at the prison. The merging of two prisons led to a duplication in some services, such as catering and facilities management. Since Sodexo became responsible for the prison, it has implemented new structures and new ways of working that have resulted in fewer staff being necessary to operate the prison. In total, 210 staff left the prison on voluntary exit terms and there were no compulsory redundancies.

In order to provide assurance, bidders were required during the competition to submit a detailed response, which was assessed by a team of assessors made up of operationally experienced governors. Sodexo had to show that it had built its staff profiles and to demonstrate the expertise of the team that designed them and the governance process that assured the design. It had to show that it had taken into consideration environmental and other factors and operational resilience.

Sodexo subsequently reviewed its staffing levels at the prison and decided that a further 16 permanent staff were needed, and I am pleased to say that it has now filled all those vacancies. As my hon. Friend said, the current staffing levels are considered to be sufficient to run a safe, decent and secure prison, and they are kept under review. Sodexo informed us that a total of 402 full-time equivalent staff are employed at HMP Northumberland, of whom 372 worked at the prison before the transition, so their valuable experience has been retained. The majority of the existing senior managers have a wealth of custodial management experience within public sector prisons, and the new director who joined the prison earlier this year, of whom my hon. Friend spoke highly, has extensive custodial management experience, including in the public sector.

HMP Northumberland continues to take staffing issues seriously. It is undertaking a consultation programme with staff to identify and address any further issues that transpire as a result of the transition to Sodexo. HMP Northumberland is addressing the transition issues positively, and I am grateful for the leadership, resilience and professionalism that staff have shown in maintaining delivery at HMP Northumberland under these changing circumstances.

My hon. Friend raised concerns about safety. I cannot emphasise strongly enough how importantly the Government take the issue of safety for all prisoners and staff. Violence in prisons is wholly unacceptable and we treat any assault extremely seriously. Any prisoner who commits an act of violence can expect action to be taken against them, which may include a loss of privileges or sanctions under the prison disciplinary procedures. Where appropriate, they may face criminal charges and prosecution.

We are under no illusions about the scale of the issue. Assaults in prisons increased from 14,664 in 2013 to 16,196 in 2014. Some of that increase is due to an improvement in the reporting of assault incidents following changes in data assurance processes, but those reporting improvements do not account for all of the increase. Serious assaults, including those on staff, rather than other prisoners, have risen even more. They have increased by 35%, from 1,588 assaults in 2013 to 2,145 in 2014. The increase in serious assaults is completely unacceptable. We are, however, holding a more violent prisoner population: the number of people sentenced to prison for violent offences has increased by 30% in the past 10 years.

In addition, the illicit use of new psychoactive substances, or NPS, has been a significant factor. I refer to them as “lethal highs”, and I encourage my hon. Friend and the hon. Member for Wansbeck to use that term. Getting the language right helps us in this incredibly important battle. There is strong evidence that the increase in the illicit trade and misuse of synthetic drugs or new psychoactive substances is linked to the recent increase in violence across the prison estate. HMP Northumberland is also experiencing the effects of such substances, as my hon. Friend said. It has increased its levels of target searching and enhanced its security procedures for visitors to help to address this issue. To answer my hon. Friend’s specific point, we will introduce mandatory drug testing for NPS for all prisons when new contracts are agreed early next year. In the interim, we will shortly trial NPS testing as part of mandatory drug testing in some prisons. NPS are also an increasingly prominent problem in the community at large, and hon. Members will be aware of the Government’s new legislation to control such substances.

During the transition period, HMP Northumberland retained its own drug dogs. All drug dogs at HMP Northumberland are accessed through the north-east drug dog scheme. Drug dogs will be provided to the prison in response to its individual needs. I can tell my hon. Friend that dogs have now been trained to detect new psychoactive substances. A meeting was held this month between the prison and the drug dog unit to agree the way forward and ensure that adequate drug dogs are available to the prison.

We have taken the decision to ban smoking in closed prisons. Let me assure my hon. Friend that banning smoking will be done in a way that ensures operational stability. We will draw on the lessons we can learn from elsewhere, including Canada and New Zealand, where smoking bans have been successfully introduced. The ban should also be a gain in tackling NPS misuse, and as the roll-out of the smoking ban proceeds we should see reduced NPS misuse.

Violence reduction remains a key priority for HMP Northumberland and activity to address that issue is reviewed on a regular basis. Sodexo has already made improvements, including installing CCTV in part of the prison. It has also introduced more structured interventions towards the perpetrators of violence. The National Offender Management Service has a programme of activity in train across both public sector and private prisons to tackle violence in prisons. Action taken includes issuing new guidance to governors to support the development of their local violence reduction strategy. There is currently a pilot of body-worn cameras across 24 establishments, including HMP Northumberland. We are building on the existing evidence of significant benefits in prisons that already have experience of using them. The evaluation report for that scheme will be available in March. When I have been to prisons recently and seen them, I have been extremely impressed. Staff and prisoners told me that they feel safer as a result of their use, but we must obviously wait for the full evaluation.

There were two new offences in the Serious Crime Act 2015: being in possession of a knife or other offensive weapon within a prison without authorisation, and throwing items over a prison wall without authorisation. The first of those offences is already in place and is actively being used, and the offence of throwing items over prison walls will be introduced shortly. It is aimed at the criminal gangs that are throwing packages containing illicit drugs into prisons. It will attract up to two years in prison on conviction. Both offences are intended to send a clear message to offenders that we are not prepared to tolerate that type of criminal behaviour in and around our prisons.

A joint national protocol conducted by NOMS, the Crown Prosecution Service and the police was published in February with the purpose of ensuring a nationally consistent approach to the referral and prosecution of crimes in prison. The protocol sets out a requirement for prisons to submit a prison community impact assessment, with each case referred to the police, which will explain the impact the offence has had on the establishment and will ensure that it is properly understood and taken into account in the determination of referred cases.

Deaths in prison custody have risen over time. With the overall ageing of the population, there is an increasing number of elderly prisoners. Of the four deaths in the past year that my hon. Friend referred to, three were from natural causes and one was self-inflicted. Of course, that is one too many. In every case, the prison has worked on the recommendations made by the prisons and probation ombudsman on the deaths, and action been taken. For example, the prison has reinvigorated its local personal officer policy to provide clarity for staff on their role in supporting individual prisoners who are at risk.

NOMS is also taking forward a programme of work to address the rise in self-inflicted deaths. A review of compliance and delivery of the assessment, care in custody and teamwork process has taken place and is due for completion shortly. Multi-agency work is being undertaken on the person escort record, which accompanies individuals transferred between police stations, courts and prisons.

We have heard some criticisms of the prison today. I can tell my hon. Friend that the hours out of cell are 10 hours on Monday to Thursday, with eight hours on Friday and seven and a half hours at the weekend. That is an average of nine hours during the week.

There have been some significant successes. For example, the prison has almost doubled the number of prisoner work hours since Sodexo took over. We should be grateful for that achievement. As my hon. Friend rightly said, productive work is important in ensuring that we have a safe and secure prison. The prison has achieved Red Tractor accreditation for its horticultural food produce and it undertakes various charitable works for the local Northumberland community. It runs a bicycle repair workshop on behalf of the Margaret Carey Foundation and refurbishes bicycles for use in developing countries, so some positive things have happened since Sodexo took over.

I absolutely accept the points that my hon. Friend raised, which we take seriously. I look forward to visiting the prison, hopefully with her, at some point in the not too distant future.

Question put and agreed to.

Oral Answers to Questions

Debate between Ian Lavery and Andrew Selous

Tuesday 23rd June 2015 Commons Chamber

[Andrew Selous]

As my hon. Friend may know, when soldiers leave the Regular Army, we encourage some of them to join the Army reserves, and I suppose that this concept is similar to that. The prison officer reserve has about 100 members, which gives us flexibility. I cannot update my hon. Friend any further on what I have said in the past, but this is the right thing to do.

[Ian Lavery (Wansbeck) (Lab)]

Does the Minister share my deep concern about the fact that some of the prison officers who are currently being recruited have not even undergone a simple Criminal Records Bureau check?

[Andrew Selous]

I am very surprised to hear that. We take prison officer training extremely seriously, but I shall look into what the hon. Gentleman has just told me as a matter of urgency. We are increasing the amount of time that prison officers spend being trained, and we continually improve the training we give them.

Safety in Prisons

Debate between Ian Lavery and Andrew Selous

Wednesday 17th June 2015 Westminster Hall

[Andrew Selous]

Will the hon. Gentleman let me make a little progress? I am conscious of the fact that I have only six minutes left.

I pay tribute to the many people who work tirelessly in our prisons. Prison officers, probation staff and staff from the health, education, vocational skills and voluntary sectors work day in, day out to improve the lives of people in custody. Each time we successfully prevent an offender from reoffending, we also reduce the number of victims and make our communities safer. That is difficult work that goes largely unseen, and too often it is unrecognised in our public discourse, but it is vital and is making a difference.

The challenges of maintaining safety in prisons are, and always have been, significant. We are working with a challenging and complex population in excess of 85,000 prisoners, and there is a high prevalence of mental health problems. Many prisoners have had negative life events that increase the likelihood of their harming themselves or taking their own lives.

We are also holding—this is important—a more violent prisoner population. The number of people sentenced to prison for violent offences has increased by 40% in the last 10 years. In addition, the illicit use of new psychoactive substances—lethal highs such as Spice and Black Mamba—has been a significant factor in fuelling violence in prisons. Last year alone, staff responded to nearly 26,000 self-harm incidents, and they frequently prevent deaths through timely intervention.

On any given day, staff support more than 2,000 prisoners assessed as being at risk, looking after them under the assessment, care in custody and teamwork process. It is to their credit that, through their dedication and commitment, they continue to improve outcomes for offenders and to prevent many self-inflicted deaths and incidents of self-harm.

Staff and prisoners should no more face violence than should any other person in society. Violence in prisons is wholly unacceptable. We treat any assault extremely seriously. Any prisoner who commits an act of violence can expect to have action taken against them, which may include the loss of privileges, sanctions under the prison disciplinary procedures and, where appropriate, criminal charges and prosecution.

To that end—this venture was introduced by the previous Government—a joint national protocol between NOMS, the Crown Prosecution Service and the National Police Chiefs Council was published in February to ensure that the referral and prosecution of crimes in prison is dealt with consistently. The protocol sets out the requirement for prisons to submit a prison community impact assessment with each case referred to the police. The assessment will explain the impact an offence has on an establishment and ensure that that is properly understood and taken into account in the cases concerned.

In 2014, due to an unexpected increase in staff turnover and in the prison population, there were delays in bringing staff numbers up to the level required. However, we have exceeded our target of recruiting 1,700 new-entry prison officers by March 2015, and we are continuing to recruit officers and operational support grades across the country. We will focus our efforts particularly on London and the south-east, where there is further need.

Violence is an issue I take extremely seriously, and there have been increases, which have been referred to. NOMS has established a violence reduction project. There is a pilot involving body-worn video cameras across 24 establishments, and I am taking a keen interest in its development.

Two new offences have been introduced through the Serious Crime Act 2015: being in possession of a knife or other offensive weapon in a prison, and throwing items—anything dangerous, such as Spice, or mobile phones—over a prison wall. Both those offences will attract prison sentences. Action is also being taken on new psychoactive substances. In particular, we need a test for them, and we are working hard to bring one about.

I reassure Members that safety is fundamental to rehabilitative work, which is one reason I care so much about it. Without safety, we cannot do the education and the other work.

[Ian Lavery]

Will the Minister give way?

[Andrew Selous]

I need to give the floor to the hon. Member for York Central, who introduced the debate.