Prisons: Staff Safety

Debate between Lord Faulks and Lord Dholakia

Monday 11th July 2016 Lords Chamber

[Lord Faulks]

I am grateful to the noble Lord for his thorough criticism and the questions that he raises about the state of our prisons and the safety of staff and indeed of other prisoners. We freely acknowledge that there is a problem and that we have to do something about it. It is not a problem that is easily solved and, as the Statement indicated, there are a number of factors. There is an increase in the number of violent offenders in our prisons. Substantial problems have been caused as a result of the use of psychoactive substances. It is clearly far less than desirable that prisoners should be locked in their cells for long periods and not engaged in purposeful activity. The Secretary of State clearly wants to involve as many people as possible and as many organisations as possible in trying to improve the situation. That was why he invited the BBC into Wormwood Scrubs to see the conditions there.

There has been new funding of £10 million for prison safety, allocated as appropriate, and that will be supplemented by £2.9 million from existing budgets so that a significant number of governors—those facing the greatest challenges—will have an opportunity to improve safety levels. There is also £1.3 billion, which the Secretary of State secured from the Chancellor of the Exchequer, to modernise the prison estate. That will be a long-term project, but one which the Secretary of State is most anxious to help with.

[Lord Dholakia (LD)]

My Lords, our prisons are overcrowded and understaffed, with the result that prisons are now less safe and less secure than ever before. Does the Minister accept that the root cause of the problem, as has just been mentioned, is the unacceptably high level of the prison population? This makes some of our prisons almost unmanageable. Now that Mr Gove has fewer things on his mind, could we have clarity about how he intends to reduce the numbers so that the prisons’ objective of rehabilitation is met?

[Lord Faulks]

The noble Lord, whose interest in these matters is well understood and appreciated by the House, points to the prison population. Of course, the number of people in prison is a result of decisions by judges, passing sentences that they consider appropriate for those particular offences. In my experience, judges do not send an offender to prison unless no other appropriate means of dealing with the offender can be found.

The number of people in prison clearly presents challenges to the staff. But there are other factors, as I have already indicated, which can cause this escalation of violence. We have a widespread strategy under the violence reduction project to deal with this, including the use of body-worn cameras, a violence diagnostic tool and a number of other different efforts to try to identify where pressure points are in terms of violence and how best to combat them.

Prisons: Violence

Debate between Lord Faulks and Lord Dholakia

Monday 9th May 2016 Lords Chamber

[Lord Faulks]

My Lords, of course, any outbreak of violence, wherever it takes place, is concerning. The noble Lord referred particularly to Medway and Rainsbrook. On Medway, I hope to be able to update the House shortly, following the inquiry into how Medway Secure Training Centre had been run in the wake of the “Panorama” programme.

In the Statement, I said that there was no single solution. It is significant that there is violence in all sorts and types of prisons, so one must beware of thinking that there is one particular solution. I take the noble Lord’s point about the very useful and seminal report prepared by the noble and learned Lord, Lord Woolf, following the Strangeways riots in Manchester, which provided a lot of guidance to prison management in future. We will learn from that and from all these events. As the noble Lord will be aware, reports are shortly to be published on education and mental health in prisons. All that will help to inform the substantial reform that I mentioned, and we hope that that will contribute to stamping out the violence.

[Lord Dholakia (LD)]

My Lords, there are two aspects that are matters of concern. One was mentioned in the Statement: the use of psychoactive drugs and the extent to which that could destabilise the control of discipline in prisons. The Minister has not mentioned the other one, though, so I wonder if he could throw some light on the extensive use of severe and harsh sentences. They are one of the causes of overcrowding, which ultimately results in the type of violence that we saw in Wormwood Scrubs.

[Lord Faulks]

The question of sentences is difficult. As the noble Lord will know, the choice of sentence is a matter for the judge in the individual case and generally will reflect the severity of the offences that have been committed. From time to time Parliament will intervene—notoriously, for example, with IPP prisoners—and set certain parameters within which judges have to sentence certain offenders. The fact is that there is currently a higher cohort of violent offenders in prison than there has been for some considerable time. Together with the substantial difficulty caused by psychoactive substances, that contributes to the problem of violence in prisons. It is important not to generalise too much about sentences. A sentence should be long enough to reflect the seriousness of the offence but short enough to give the offender a chance to rehabilitate and give them some hope. In due course, through the work that we are doing on rehabilitation, we hope to ensure that when people leave prison they do not return, because of course the biggest increase in prison sentences is for those coming back again through the prison door.

Prisons: Violence

Debate between Lord Faulks and Lord Dholakia

Thursday 3rd March 2016 Lords Chamber

[Lord Faulks]

On the positive side, the female prison population is now under 4,000—the lowest it has ever been. In the speech I referred to earlier, the Prime Minister made a particular point of the importance of finding alternative ways of dealing with women offenders, preferably avoiding sending them to prison altogether, which has been very much the trend with sentencing. Of course, there will be an irreducible number who have to be sent to prison. Although the noble Baroness is quite right that any suicide in prison is a matter of complete regret, and self-harm is equally concerning, we are in the process of modernising the prison estate to ensure that there are the best regimes and that women are held in environments that better meet their gender-specific needs.

[Lord Dholakia (LD)]

My Lords, the Minister must have read the report in 2015 by HM Chief Inspector of Prisons—a devastating report that talks about violence and poor conditions in our prisons. The most disturbing aspect of the report and the allegation made by the then Chief Inspector, Nick Hardwick was that the Secretary of State tried to influence his report. Will the Minister make sure that that sort of thing does not happen in future? Public confidence will be eroded if independent reports by prison inspectors are interfered with by Ministers.

[Lord Faulks]

The noble Lord is right to suggest that the report by Mr Hardwick was unfavourable in a number of respects. The Government will learn lessons from what he said. It is important that we should take on board an objective analysis of that. It is perhaps an indication of the Secretary of State’s willingness to embrace criticism that he has appointed Mr Hardwick to have continued involvement in the criminal justice system, by his appointment as chair of the Parole Board. I hope that the noble Lord will accept that that is a real sign of somebody getting to grips with a critical friend of the system.

Criminal Justice: Secure College

Debate between Lord Faulks and Lord Dholakia

Tuesday 14th July 2015 Lords Chamber

[Lord Faulks]

I am happy to convey the good wishes of your Lordships’ House to the Secretary of State. As to the spend, it will not be recovered. The pathfinder designs could be used or adapted to other forms of youth or adult custody in the future, and alternative provision could be developed on the prepared site at Glen Parva. However, the noble Lord and the House may be relieved to know that we will not be spending £85 million on the secure college.

[Lord Dholakia (LD)]

My Lords, will the Minister agree that the purpose of the secure colleges, as against secure training centres, was to double the time available for education in these prison establishments, thus leading to better job opportunities for inmates on release? Now that this option is not available, and bearing in mind the shocking report produced by the prison inspector about the lack of staffing in prisons, how will these objectives be met, and what will be the future role of the Youth Justice Board in providing the type of education required?

[Lord Faulks]

The noble Lord is right that the secure college had at its heart the ambition of improving the provision of education for young offenders. As he will know from his experience in this area, a large majority of them have either been expelled from school or not attended school, and many of them are barely literate or numerate. The Government intend to focus very much on the education of young people. Since March 2015 a greater focus on education has followed, and the number of hours of education available to young people has more than doubled. However, we are not complacent.

Prisons

Debate between Lord Faulks and Lord Dholakia

Thursday 26th March 2015 Lords Chamber

[Lord Faulks]

That is a large question, and perhaps I can answer some of the many sub-questions in it. The Secretary of State had nothing to do with the decision taken by NOMS, but I of course, as a Minister, take responsibility for that decision, which was an operational one. As for the appointment process, this is under way. The noble Lord seems to be very well informed about the process, and an announcement will be made in due course. There is no question that Nick Hardwick has not been allowed to act independently. The Government’s preference is that all public posts are re-competed at the end of the fixed term, with that incumbent free to apply.

[Lord Dholakia (LD)]

My Lords, does my noble friend agree that the conditions in our prisons will impact on control and discipline but are also a matter of serious concern for the families of those who are detained in some of our institutions? Has the noble Lord studied the recent lecture given by the noble and learned Lord, Lord Woolf, in which he talked about prison conditions when he undertook a review of Strangeways prison some years ago? He mentioned that many of his recommendations are still to be implemented and also suggested that a further inquiry ought to be undertaken. Does my noble friend agree with that suggestion?

[Lord Faulks]

The noble and learned Lord’s report on Strangeways, some 25 years ago, identified a number of things that were wrong with our prison system. I am sure that the noble Lord would agree, as indeed would the party opposite, that there have been significant changes and improvements in our prison system since. For example, there is no slopping out, there are much better conditions in cells, overcrowding is at its lowest level since 2007, prisoners are doing more purposeful activity and participate more in education, and the number of people absconding has been reduced. There is no room for complacency—there will be always be challenges in the Prison Service—but I am afraid that we simply do not accept that there has been no improvement in 25 years.

Access to Justice

Debate between Lord Faulks and Lord Dholakia

Wednesday 18th March 2015 Lords Chamber

[Lord Faulks]

The Lord Chancellor is well aware of his obligations, as he told the Constitution Committee. He has had to ensure that so far as possible there is access to justice while at the same time having to cope with the deficit that was left behind by the party opposite. I can assure the noble Lord that the Lord Chancellor remains committed to access to justice, as do all his Ministers.

[Lord Dholakia (LD)]

My Lords, the Minister is right to draw attention to the report, which is about access to justice. Does he not agree that it is a negation of democracy if justice is available only to those who can afford it? Will he therefore establish a system of monitoring so that we can see the impact of such policies, particularly on poor and disadvantaged communities in our country, and more importantly, the impact they will have on the rest of the criminal justice system and the Prison Service?

[Lord Faulks]

My noble friend is of course quite right to identify the potential injustice that can result from cuts in legal aid. That is something that any responsible Government will have close to their heart, and we will continue to consider any adverse effects.

Offenders: Rehabilitation

Debate between Lord Faulks and Lord Dholakia

Thursday 27th November 2014 Lords Chamber

[Lord Faulks]

That is clearly a matter of concern. The Government are aware that that can be an issue and are anxious to ensure, so far as possible, that when offenders leave prison they are given as much support as possible. The noble Baroness will be aware of the transforming rehabilitation steps that have been taken by this Government. We wish to ensure, so far as possible, that the return to the community is as satisfactory as it can be.

[Lord Dholakia (LD)]

My Lords, will my noble friend agree with me that the provision in my Private Member’s Bill, which is now incorporated in the LASPO Act, has benefited a large number of young people and a large number of offenders leaving prison? Will he therefore now look at the international dimension, in particular at what is going on in Sweden, and at how such provisions can help to reduce the prison population in this country?

[Lord Faulks]

My Lords, I am grateful to my noble friend for acknowledging that we have made progress. We hope to continue to make progress. Of course, he is quite right: we must learn from experience elsewhere, in Sweden or wherever else there is good practice.

Prisons: Education and Training

Debate between Lord Faulks and Lord Dholakia

Thursday 3rd April 2014 Lords Chamber

[Lord Faulks]

Purposeful activity covers a number of different areas: work, training, education, PE and programmes designed to tackle the causes of prisoners’ offending. Quite a lot of the emphasis on purposeful activity is to try to allow prisoners to engage in activities where they will have some prospects of work outside, particularly in the catering business. With great respect to the noble Baroness, who I know has great knowledge of these issues, that is in fact not out of step with where they might be able to find employment afterwards.

[Lord Dholakia (LD)]

My Lords, does my noble friend the Minister accept that prisons are overcrowded, and that controls and discipline are difficult to maintain? In fact, there has been an increase of 72% in calls on riot squads, and we have reached a high point in the level of deaths in custody. Under these circumstances, in order to ensure that prison’s objectives of education, training and jobs are not affected by cuts in government expenditure, would the Minister not agree that it is time for automatic inspections by HM Chief Inspector of Prisons?

[Lord Faulks]

Any violence or instability in prisons is clearly to be regretted. However, the noble Lord will be aware that assaults in prisons are at their lowest level since 2008, and the number of cases of escaping or absconding has reduced by more than 85% of what it was 10 years ago. I am afraid that I cannot accept that there are problems as a result of overcrowding. At the moment, although there is no room for complacency, matters are stable in the Prison Service.

Justice: Non-custodial Sentences

Debate between Lord Faulks and Lord Dholakia

Thursday 23rd January 2014 Lords Chamber

[Lord Faulks]

My Lords, this Government take the view that the sentencing of a particular offence is best left to the individual judge, who has knowledge and appreciation of the particular facts surrounding the commission of an offence. There are guidelines and, as the noble Lord will be aware, recent sentencing guidelines on sexual offences provided by the Sentencing Council, an independent body. If he cares to read those sentencing offences guidelines, he will realise how lengthy the suggested sentences are. If, in a particular circumstance, a judge passes a sentence which is unduly lenient, of course the Attorney-General can take that unduly lenient sentence to the Court of Appeal for review.

[Lord Dholakia (LD)]

My Lords, while there is concern that those sentenced to a non-custodial alternative may reoffend, is it not right that the courts should send to prison those whose reoffending makes any other course unacceptable, and that those who are sent to prison should stay there no longer than is strictly necessary?

[Lord Faulks]

My Lords, I speak as someone who sat as a recorder—a part-time judge—throughout the period of the previous Government, and deciding whether or not to send someone to prison is the most difficult task that we perform. Sometimes people have to be sent to prison; on other occasions, it is considered possible and sensible, in the long term, to provide them with the opportunity of rehabilitation within the community. This Government are committed to providing constructive things for people to do while they are being rehabilitated in the community, and I agree with my noble friend.