Covid-19: Prisons and Offender Rehabilitation

Debate between Lord Keen of Elie and Earl of Courtown

Thursday 23rd April 2020 Lords Chamber

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

Like other noble Lords, I thank the noble Lord, Lord German, for securing this debate. If I appear to move at speed as I address these matters, it is because I want to address as many of the questions raised as possible in the time available.

Covid-19 presents a unique set of challenges that we must address to maintain the provision of custodial services. We are working very closely with Public Health England to ensure that our approach is based on the best scientific advice available. Our first challenge was to ensure that we had a safe operating procedure, and we implemented what were termed exceptional delivery models with heavily restricted regimes that implement social distancing measures. This puts in place temporary measures to restrict regimes and cease all non-essential activities involving groups of people. That includes social visits, education, non-essential work and association, which has already been touched on. We restricted movement between prisons to prevent the disease spreading from prison to prison and, most importantly, we took a range of measures to ensure that we had resilient staffing levels available, with robust contingencies—I will come back to that. Prison staff have stepped up terrifically; we are doing all we can to celebrate them through the #HiddenHeroes campaign, and we would welcome support for that campaign across government.

We have adapted the way we use the prison estate: we are putting in place units to isolate the ill, units to shield the vulnerable and units to manage the risk from new prisoners. Taking these measures required headroom between the prison population and prison capacity. We are moving towards the necessary headroom through a number of measures and developments. There has been a fall in the prison population due to the upstream changes in law enforcement and court activity; the prison population has fallen by about 2,500 since the start of the pandemic as a result. We are taking measures to expedite remand hearings, implementing the new end of custody temporary release scheme—I will touch on that again—and establishing alternative accommodation, including additional temporary accommodation, in North Sea Camp, Littlehey and Highpoint, and there will be a rapid expansion of that. For resilience during what will clearly be a difficult period, we are making sure that we have sufficient staff available at the front line. We are working closely with the Department of Health and have a clear PPE plan, and have commenced staff testing in line with other key workers.

I will touch on a number of the points made by noble Lords, in particular the noble Lord, Lord German. He began by referring to statistics. Let me be clear: we make a daily report and press release of relevant statistics from the prison estate. The figures that I have—which I must say differ from his—are that as of 21 April: 300 prisoners had tested positive for Covid-19 across 69 prisons; 239 prison staff had tested positive across 57 prisons; and 10 prisoner escort and custody services personnel had also tested positive. As of 22 April, 4,439 prison staff were not working due to Covid-19-related absences, which leaves us with a staffing level of about 80% against current staffing targets. Sadly, I have to report that there have been three prison staff deaths and 15 prisoner deaths with Covid-19. I hope that assists to some extent.

On the matter of cells, in the prison estate we have something like 17,000 twin cells. The temporary cells that we are bringing forward will be single cells. At the moment, we have about 200 constructed. We are proceeding with them within the category D estate as quickly as possible.

The noble Lord, Lord German, also raised the question of PPE for staff. Our position is that we have PPE available to staff. We are focused on social distancing and regular handwashing, but we are using PPE where we need to break social distancing to support close person-to-person operations with prisoners who have suspected or confirmed cases of Covid-19. As regards the actual supply, a stock is available to the Prison Service, separate from that of the Department of Health and Social Care. There have been short-term supply concerns around coveralls and gloves, though I hope that assists in explaining the position.

On overall staff numbers, I have indicated that we are operating at about 80%. We also have provision for additional staff, having invited recently retired staff to return and proposed moving about 750 headquarters staff to the front line. There is also further provision for military personnel to assist, if or when ever required.

In regard to the testing of staff, I can advise that they are key workers and regarded as such. Since 9 April, we have been engaging with the Department of Health and Social Care to discuss plans to ensure that these vital key workers are prioritised in the rolling out of that department’s testing. So far, hundreds of staff have been tested and we are working on a rollout plan to deal with that. Currently, prisoners are not being tested for Covid-19 unless they are taken to hospital unwell, in which case they will be.

On the points raised by the noble Lord, Lord Naseby, on communication and contact, we have implemented further steps because of isolation within cells so that prisoners have PIN credit per week allowing for approximately 60 minutes of free calls. Where there is not in-cell telephony, we have also made provision for access to locked mobile handsets so that they have that facility as well. There is also access to the “email a prisoner” facility on all sites, so I hope that assists.

With respect to the questions from the noble Lord, Lord Harris, I have indicated that the proportion of front-line prison officer staff working is at about 78% to 80%. I have mentioned those statistics already. As regards advice to families, if a prisoner is removed to hospital with Covid-19 or is so ill that he cannot consent to inform his family of his condition, steps will be taken to inform the family. But it would otherwise be a matter for the prisoner to determine whether he wished to make such a disclosure. With regard to the investigation of deaths raised by the noble Lord, the Prisons and Probation Ombudsman is still investigating all deaths in prison. On 26 March, the Chief Coroner published his guidance on Covid-19, which made it clear how important it was that deaths in custody should be scrutinised carefully and that there should be sufficiency of inquiry.

The noble Lord, Lord McNally, raised the various briefings that have been received. If I can adopt shorthand, I am happy to write responding to the points made in those briefings. I will write to him and place a copy of my letter in the Library.

The noble Lord, Lord Ramsbotham, raised the question of single cells, which I have touched upon, and asked about families being kept informed, which I have also touched upon. There is in addition the urgent line, which can be accessed through the GOV.UK website, for families who wish to make urgent inquiries about prisoners.

The right reverend Prelate the Bishop of Gloucester raised the question of pregnant women. They are featured in the release scheme announced on 31 March, but we have to keep public safety at the forefront of our minds. We therefore cannot simply have an unlimited release of women because they are pregnant and in custody. As regards the ability of children to contact those in custody, I have already indicated that we have taken steps to improve telephone contact.

The noble Lord, Lord Farmer, raised a number of questions. Perhaps I may touch on them briefly. As I indicated, we have improved provision for virtual visits, and improved telephony. There is also an iPad on every site for compassionate video calls and we are extending the “email a prisoner” facility to all sites.

The suspension of prison visits will be lifted in accordance with such guidance as we receive from Public Health England and in accordance with operational assessments. As I indicated before, information on how to contact a prison is available to families if they have urgent concerns about an individual in custody.

The noble Baroness, Lady Healy, suggested that there would be no need for risk assessments and that there should be release with them. I simply cannot agree with that proposition.

The noble Baroness, Lady Humphreys, asked whether we have separate statistics for Covid numbers in Welsh prisons, as distinct from the rest of the prison estate. I do not have those numbers. I will inquire to see whether they can be identified as a separate statistic. If they can, I will write to her to let her know what the then-current numbers are and place a copy of the letter in the Library.

The noble Baroness, Lady Bennett, suggested that we should have a daily report of Covid cases in the prison estate. We do have that, in fact. It is made available by way of a press release. She also asked how many people were due for release in the next 12 months. That is not the measure that we have applied under the release scheme. We are concerned with those who are due for release in the next two months, and that will remain the position.

The noble and learned Lord, Lord Woolf, asked about remand prisoners. That is not a matter for the Ministry of Justice; it is a matter for the judiciary. We do not, therefore, feel that we are in a position to address this issue.

The noble Lord, Lord Dubs, asked about single cells and pregnant mothers, which I touched on.

The noble Lord, Lord Balfe, referred to the Prison Officers’ Association. Certainly, from a ministerial point of view, I commend the co-operation that we have had from it in dealing with this crisis within the prison estate. I say that without qualification. When it suggests that we should remember their staff as front-line staff, I agree entirely; they are the hidden heroes in this context.

The noble Lord also asked about testing, which I touched on, and asked about the lack of PPE, which is not critical at this stage. He asked whether such staff are key workers. They are. We regard them as key workers, the Government generally regard them as key workers, and they will be tested as key workers. I certainly hope that supermarkets will have regard to their position in that context.

[The Earl of Courtown]

It is time to wind up.

[Lord Keen of Elie]

I will do so in about a minute, if I may.

The noble Lord, Lord Marks, asked about prisoners being outside cells. Clearly, we must maintain social distancing at present.

The noble Lord, Lord Ponsonby, whom I welcome to his new position on the Opposition Front Bench, mentioned officers worrying about taking the coronavirus home. I understand their concerns. I join the noble Lord in congratulating Center Parcs on the position it adopted with regard to that matter. Clearly, it will be of considerable assistance. However, I do not recognise his reference to the removal of prisoners to care homes. I am not aware of that occurring, but I will inquire further.

On that point, let me say that we are carrying out all the steps that we consider appropriate, as advised by Public Health England. We are developing robust contingency plans and relying on an enormously dedicated group of staff to maintain the prison estate. We are, of course, concerned with the welfare of prisoners and shall continue to be.

I thank noble Lords for their contributions.