Prisoners: Purposeful Activity

Lord Harris of Haringey Excerpts

Monday 15th October 2018 Lords Chamber

[Lord Keen of Elie]

My Lords, I understand that the introduction of theatre is part of the wider educational programme in prisons. I am not able to say that there is any identified or closed funding for that aspect of the process.

[Lord Harris of Haringey (Lab)]

My Lords, Her Majesty’s Chief Inspector of Prisons reported in June that 38% of those in young offender institutions are locked in their cells for more than 22 hours a day. How on earth can they receive any proper training and rehabilitation if they are locked up for such lengths of time? Why has the Ministry of Justice repeatedly refused to collect data on how long people are locked up in prison? Is it because it does not want to know, or because it knows that it will not like the answer?

[Lord Keen of Elie]

My Lords, on the last point, we do not have clear and identifiable data from all institutions that would enable us to determine how long prisoners actually spent in individual cells. That is clearly a matter for which individual governors have considerable responsibility. Regarding young offenders, the noble Lord may recollect the announcement made by the Secretary of State on 2 October about the introduction of the first secure school, which will open at Medway in 2020.

Probation: Voluntary Sector

Lord Harris of Haringey Excerpts

Tuesday 24th April 2018 Lords Chamber

[Lord Keen of Elie]

I am not in a position to answer such a general proposition but I will undertake to check the relevant statistics in that area and to write to the noble Lord in due course. I will of course place a copy of the letter in the Library.

[Lord Harris of Haringey (Lab)]

My Lords, the Minister said that, for some reason, the CRCs did not need to be subject to the Freedom of Information Act because there was a chief inspector. Could he explain exactly why the chief inspector is a substitute for citizens posing questions to and seeking information from the CRCs?

[Lord Keen of Elie]

It may not be a substitute for citizens seeking information, but it is a means of ensuring that the conduct of the CRCs and the results of their work are put into the public domain by those who have a clear understanding of how the work should be performed, and are the subject of published reports.

Worboys Case and the Parole Board

Lord Harris of Haringey Excerpts

Wednesday 28th March 2018 Lords Chamber

[Lord Harris of Haringey (Lab)]

The noble and learned Lord has told us repeatedly of the importance of the Parole Board’s independence, and he responded positively to all the statements made around the House about the integrity of and contribution made by its outgoing chairman. Can he therefore explain the thinking of the Secretary of State that Nick Hardwick’s position was untenable, essentially requiring him to resign? Is that not incompatible with his statements about the independence of the Parole Board?

[Lord Keen of Elie]

I do not regard the position taken by my right honourable friend as inconsistent with the independence of the Parole Board. He took a view on the matter following the decision of the High Court, and he expressed that view to Professor Nick Hardwick, who tendered his resignation.

Leveson Inquiry Update

Lord Harris of Haringey Excerpts

Thursday 1st March 2018 Lords Chamber

[Lord Keen of Elie]

To a large extent, I concur with the observations made by the noble Lord, Lord Judd. It is for society to demand from the press the sort of press that it requires in order to maintain its freedoms and its democratic traditions. We have to remember that society is also the customer for that press and therefore carries considerable weight in that context. We see that reflected in the demise of the News of the World. It was not just a question of closing down a newspaper; it was a recognition that that newspaper had so lost its way that society—its customers—would have responded in a very particular way in any event. It was not an altruistic act but, I rather suspect, a realisation of the reality of the situation that the newspaper had found itself in.

[Lord Harris of Haringey (Lab)]

The Minister tells us, and the House agrees, that we should all want a thriving local newspaper environment. However, the Statement talks about 200 local newspapers having closed since 2015. What are the Government’s proposals to try to ensure that we continue to have an environment in which there are thriving local newspapers? In similar vein, the Secretary of State talks about issues such as clickbait, fake news, malicious disinformation and online abuse threatening high-quality journalism. What are the Government going to do to reduce the amount of clickbait, fake news, malicious disinformation and online abuse?

[Lord Keen of Elie]

On the first point, the major step that we have taken in order to protect the local press is to announce our intention to repeal Section 40, which hung over the local press like the sword of Damocles. On the question of engaging with online media, which we recognise is a major issue, we are pursuing our digital charter.

Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2017

Lord Harris of Haringey Excerpts

Wednesday 10th January 2018 Lords Chamber

[Lord Harris of Haringey (Lab)]

My Lords, I hope that the Minister will be able to answer on behalf of the United Kingdom Government and not simply on behalf of the Scotland Office, because this raises a whole number of implications. The idea of integrating the Scottish component of the British Transport Police into Police Scotland raises a number of issues.

I admit that when I first heard about this proposal, the cynical part of me—which colleagues will know is not often to the fore—assumed that this was about the following. As I understand it, when, in its wisdom, the Scottish Parliament created Police Scotland, it agreed a floor on the number of police officers. Indeed, the different parties were bidding against each other as to quite where that floor should be. I would like to know whether the officers transferred will be part of that floor or not. The motivation behind all this may well be that, rather than change the floor, which would obviously raise all sorts of difficult political issues, this is a way to ensure that the floor is achieved simply by transferring in from outside a number of officers from the British Transport Police. Perhaps the Minister can tell us how many officers are concerned and where they sit with regard to the statutory floor in terms of the British Transport Police.

The second question is about the viability of what is left of the British Transport Police; again, the British Government must, presumably, take this extremely seriously. What is the percentage or number of officers who are being taken out of the British Transport Police, and where does that leave the rest of the British Transport Police and its infrastructure and arrangements? Clearly, if that is the case, that raises big issues.

While the Minister is about it, perhaps he can tell us also what has become of the Government’s infrastructure policing review. Again, this is critical to the future of the British Transport Police. At one stage, the present Prime Minister, when she was Home Secretary, put forward a number of proposals which would have involved the Ministry of Defence Police, as has already been mentioned, and the Civil Nuclear Police Authority, bringing them together, possibly with elements of the British Transport Police. Was this part of some master plan to dismember the British Transport Police? If that still exists and the review is continuing, it makes it even more imperative that we look at the future of the British Transport Police. I assume that the Government, collectively, are doing that.

Transparency of the Parole Board and Victim Support

Lord Harris of Haringey Excerpts

Tuesday 9th January 2018 Lords Chamber

[Lord Keen of Elie]

I welcome my noble friend’s observation and seek to give that reassurance. The wider question of IPP sentences and how they are dealt with has to be addressed in all its spheres, and it would not be appropriate to allow one most unfortunate case to distract us from wider questions with regard to IPP sentences and their final disposal.

[Lord Harris of Haringey (Lab)]

My Lords, that brings us back to the question that the noble Lord, Lord German, asked, to which the Minister was not able to give an answer because of time. Has there been any pressure on the Parole Board to deal more speedily with the backlog of IPP cases? I think that we need to know. I understood that the principle of IPP sentences was to protect the public. Clearly, the view of many victims is that in this instance the public are not being protected. We need to know—and I would be grateful for the Minister’s answer—what pressure has been applied on the Parole Board to deal with that backlog.

While I am on my feet, could we pick up the point that the noble Viscount, Lord Hailsham, raised, which was the very interesting question that in the past Ministers took personal responsibility for some of these difficult cases? Is not there a value in what I believe is by and large sound political judgment being made by people, perhaps with a background of elective politics, looking at these cases and assessing whether in the mind of the wider public this is something that should be looked at, and that it is perhaps not in the public interest for such people to be released?

[Lord Keen of Elie]

With respect, I can perhaps answer both questions by reference to the same issue. As far as I am aware, no pressure is being brought to bear on the Parole Board with respect to inappropriate release of IPP prisoners. The statutory test is perfectly clear, and the Parole Board is an independent body applying that statutory test, which should continue to be the position. It would not be appropriate that we should depart from the situation in which there is an independent Parole Board making these decisions objectively, to somehow bring it back into the fold of political decision-making where you may find pressure from the electorate, the media and elsewhere that impacts directly on someone’s right of liberty.

HMP Liverpool

Lord Harris of Haringey Excerpts

Thursday 21st December 2017 Lords Chamber

[Lord Keen of Elie]

My Lords, we have replaced not only the governor but the deputy governor and the head of healthcare at the prison itself. We intend to establish a new unit in the Prison Service to enhance our response to the inspector’s recommendations, which will involve monitoring and auditing progress on the recommendations. This will commence in January 2018. In addition, on 30 November we announced the introduction of an urgent notification process. Unfortunately, the report took place in September and therefore did not trigger that notification process. Under that process, the inspector can go directly to the Secretary of State for Justice in cases where urgent reform is required, and the Secretary of State will undertake to respond publicly within 28 days of such notification.

[Lord Harris of Haringey (Lab)]

My Lords, the noble and learned Lord practises insouciance in response to these questions, particularly in saying that he cannot comment on a leaked report. Perhaps he could comment on last month’s report of the Chief Inspector of Prisons, which highlighted conditions in youth offender institutions. It said that it was routine for young boys to be confined to their cells for more than 22 hours a day and that in 40% of the youth offender institutions inspected, education and medical visits had to be cancelled. That was certainly my experience a year or so earlier when I was reviewing the conditions in prisons. Is not the real problem the continued understaffing of our prisons and the failure, therefore, to provide the care that common humanity suggests is necessary for those in the care of the state as prisoners?

[Lord Keen of Elie]

We are all concerned to ensure that where persons are placed in custody, whether youth custody or otherwise, their conditions should be decent, safe and secure and that they should have the opportunity for rehabilitation. We have taken steps over the past year or so to increase quite considerably the number of prison officers employed in our prisons. The goal is 2,500 prison officers and we are on course to achieve it.

Prisons: Safety and Security

Lord Harris of Haringey Excerpts

Wednesday 21st December 2016 Lords Chamber

[Lord Keen of Elie]

We are clearly of the view that we should seek non-custodial sentences wherever possible—but, of course, the facilities to support that must be available. Criticisms were levelled recently at certain aspects of the probation service, which remains so important to that element of non-custodial work. Nevertheless, we want to see this expanded, maintained and improved.

[Lord Harris of Haringey (Lab)]

My Lords, serious concerns were raised by the independent monitoring board in respect of conditions at Her Majesty’s Prison Birmingham. Were the concerns in that report flagged up to Ministers? What consideration was given to reports from other independent monitoring boards highlighting similar conditions in other prisons? Finally, are Ministers considering giving greater independence and authority to independent monitoring boards, perhaps by making them accountable through Her Majesty’s Inspectorate of Prisons?

[Lord Keen of Elie]

Both Her Majesty’s Inspectorate of Prisons and the independent monitoring board reports reflect the challenges that have built up in our prisons and prison estate over many years. In respect of that, we have now announced a comprehensive programme of reform.

Prisons: Self-inflicted Deaths

Lord Harris of Haringey Excerpts

Thursday 3rd November 2016 Lords Chamber

Asked by

[Lord Harris of Haringey]

To ask Her Majesty’s Government, in the light of the increase in the number of self-inflicted deaths in prisons in the 12 months to 30 September, what steps they will take to ensure the protection of potentially vulnerable prisoners.

[The Advocate-General for Scotland (Lord Keen of Elie) (Con)]

My Lords, safety in prisons is a vital part of our reform plans. The Justice Secretary will shortly provide details of the prison reform programme in the other place. This will build on her previous commitment to invest £14 million to provide more than 400 extra staff in 10 prisons and the £10 million of new funding that is giving governors the ability to improve safety in their establishments.

[Lord Harris of Haringey (Lab)]

My Lords, I am sure we are all delighted to hear of the extra staff who will go into prisons but does the Minister not accept that you would have to have four times the number quoted in today’s newspapers and on the radio simply to achieve the same prisoner to staff ratio that existed in 2010? No doubt he will be aware of the inquest, which concluded yesterday, into the death of Levi Cronin at Her Majesty’s Prison Highpoint. He was a 26 year-old who was sentenced for bike theft and then killed himself. The inquest jury found a,

“series of interconnected system inadequacies and failures”,

including insufficient recording of information, insufficient communication, inadequate staffing levels, and inadequate support and supervision. Exactly how does the Minister think it will be possible to deliver the sort of personalised care and support that are necessary in the absence of better staffing levels, which the announcement today does not seem likely to deliver?

[Lord Keen of Elie]

My Lords, it is not appropriate to draw an immediate comparison with staffing levels in 2010. Since 2010 a number of prison establishments have been closed down, leading to a reduction in the number of staff. In addition, we have introduced a benchmark standard—which the noble Lord, Lord Harris, referred to in his own report—to address the question of staff. It is a matter not just of staff numbers but of recruitment and retention. There are wider issues that have to be addressed in that context.

Of course, prisoner care is paramount in our consideration. Indeed, in 2015 the National Offender Management Service reviewed the assessment, care in custody and teamwork case management system. It made 20 recommendations, which will be fully implemented by March 2017. In addition, we intend to give every prisoner a dedicated officer who can engage with them on a one-to-one basis.

Smith Commission Principles: Railway Policing

Lord Harris of Haringey Excerpts

Monday 18th April 2016 Lords Chamber

[Lord Dunlop]

I do not think we can be specific on the costs until we know what the structure will be. However, as I said, in the detailed discussions on the implementation plans the UK Government will work very closely with the Scottish Government to ensure that, whatever arrangements are put in place, they do not cause detriment to the other parts of the UK.

[Lord Harris of Haringey (Lab)]

My Lords, it is of course conceivable in the future that there may be disagreements between the Government here in London and the Scottish Government. Can the Minister give us a guarantee—and, if he can, how can he make such a guarantee—that we are not going to see the spectre of trains pulling up at the border while operatives of the British Transport Police get off and operatives of Police Scotland get on?

[Lord Dunlop]

There are already collaborative arrangements in place between the BTP and Police Scotland. I think that as we put in place the new arrangements we will be looking to ensure that we build on those collaborative arrangements to ensure that there is a seamless operation of what is a very important service for the whole of the UK.