Prisons and Courts Bill (Third sitting)

Debate between Liz Saville Roberts and Yasmin Qureshi

Committee Debate: 3rd Sitting: House of Commons
Wednesday 29th March 2017 Public Bill Committees

[Yasmin Qureshi]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Liz Saville Roberts]

I beg to move amendment 5, in clause 1, page 2, line 12, at end insert “and

(b) steps taken in relation to meeting health targets specified by the Secretary of State on—

(i) blood borne viruses, and

(ii) substance abuse,

including the provision of testing and treatment for hepatitis C.”

This amendment ensures that the Secretary of State’s annual report on prisons includes targets on blood borne viruses and substance abuse and analysis of whether they are being met.

This probing amendment seeks to create an obligation on the Secretary of State to include in the annual report on prison governance an analysis of progress in meeting health metrics on blood-borne viruses and substance abuse, including the provision of testing and treatment for hepatitis C.

Hepatitis C is a blood-borne virus affecting the liver that can cause fatal cirrhosis and liver cancer if untreated. Around 214,000 people are chronically infected with hepatitis C in the UK. Around 90% of cases arise through injecting drug use, although there are other potential causes including overseas medical care, tattooing and receipt of a blood transfusion in the UK prior to 1991. People are able to live without symptoms for decades after infection, but untreated cases can lead to severe liver problems. Liver disease is one of the five big killers in the UK, and the only one of those where mortality is rising, and hepatitis C is the third most common cause of it.

Why are prisoners particularly at risk? Hepatitis C disproportionately affects disadvantaged and marginalised communities, and around half of people who inject drugs are estimated to have the virus. With around a third of the people in prison having injected drugs, rates of hepatitis C infection are particularly high among prisoners. A 2012 study from Scotland estimated rates of hepatitis C among prisoners to be almost 20%, and we might expect that rate to be similar in other prisons. Offering testing and treatment for hepatitis C is therefore a highly effective way of contributing to prisoners’ rehabilitation; indeed, by allowing them to focus on improving their health and wellbeing it is often found that they are better placed to address other issues contributing to their offending, such as substance misuse. It is also essential that this is carried out if prison governors are to meet the commitment to improve health outcomes.

In October 2013, the UK Government agreed to implement blood-borne virus opt-out testing in prisons. Testing rates for hepatitis C in prisons have improved as a result, rising from 5.3% in 2010-11 to 11.5% in 2015-16. That figure is still too low, however, and progress needs to be made on fully implementing the opt-out testing policy.

The prison environment is an ideal one in which to test and treat people who lead chaotic lives and may not have previously been in contact with healthcare services. With new oral drug treatments becoming available in recent years, which have considerably shorter treatment durations and markedly fewer side effects than previous treatments, the opportunity to treat people in prison is greater than ever before. Achieving a cure for hepatitis C can be a trigger for long-term addiction recovery and help people to take control of their lives. Offering treatment for hepatitis C can therefore be an important step in helping to prepare prisoners for their release.

I prepared that speech with the help of the Hepatitis C Trust, and I would very much like to hear the Minister’s response.

--- Later in debate ---

[Mr Gyimah]

We have had a full and detailed debate on clause 1. It will not surprise hon. Members to know that in drafting the clause, the Government thought long and hard about what it should contain in view of the fundamental changes it makes to the current legislative framework.

The clause reforms the framework of the prison system, providing aims for the system as a whole to unite behind, clarifying the role of the Secretary of State and sharpening accountability. It modifies the Secretary of State’s overarching responsibility for prisons, removing the outdated duty to superintend prisons. The clause also reforms and modernises the Secretary of State’s accountability to Parliament for the performance of prisons. It replaces the existing archaic requirements to report on operational detail, such as hours of work completed in each prison and number of punishments, with a requirement to account to Parliament for the extent to which prisons are meeting the statutory purpose created by the clause.

[Yasmin Qureshi]

We have raised our concerns about the issues we think are important and should be covered in the clause. We hope that the Minister will reconsider some of those things on Report.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clause 2

Her Majesty’s Chief Inspector and Inspectorate of Prisons

[Liz Saville Roberts]

I beg to move amendment 6, in clause 2, page 2, line 18, leave out “a” and insert “an independent”.

This amendment ensures the person appointed as Her Majesty’s Chief Inspector of Prisons has the necessary independence from Government and associated bodies.

[Liz Saville Roberts]

At the moment, there is no statutory obligation for the person appointed as Her Majesty’s chief inspector of prisons to be independent of Government and associated bodies, and I think we would all agree that it is essential that the chief inspector of prisons is independent. There are provisions in the Bill to empower prison governors to deliver on extra responsibilities, so it is more important than ever that independent chief inspectors of prisons are able to scrutinise and hold prison governors, as well as the Ministry of Justice, to account in a way that is beyond any question of bias.

We already have the Independent Police Complaints Commission, which in legislation is clearly stated to be just that—independent. In the Police Reform Act 2002, through which the IPCC was created, there are stringent tests precluding candidates with particular backgrounds, which might bring into question their independence, from becoming a chairman or member of the commission. The Government must recognise that that imposed, and legislated for, distance between any appointee to the IPCC and a body that that person might investigate is required also for senior prison inspectors. The inspectorate is already advertising itself as an independent body. Surely now is the time to enshrine this common-sense policy in law, both transparently and explicitly.

I will not press the amendment to a vote at this stage, but I hope that the Government will give a detailed answer explaining why they have not chosen to include this wording in the legislation and whether on reflection they might be amenable to a more specific and stringent statement.

[Yasmin Qureshi]

We support any attempt to ensure the independence of the inspectorate from the Government, so we support this amendment.