Lucy Frazer debates involving the Ministry of Justice during the 2019-2024 Parliament

Oral Answers to Questions

Lucy Frazer Excerpts
Tuesday 14th September 2021

(3 years, 2 months ago)

Commons Chamber
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Danny Kruger Portrait Danny Kruger (Devizes) (Con)
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2. What steps he is taking to implement the recommendations in Richard Oldfield’s report on the dynamic framework of the probation service, published in June 2021.

Lucy Frazer Portrait The Minister of State, Ministry of Justice (Lucy Frazer)
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I thank my hon. Friend for his question and for his interest and input in this area. I welcome the findings and recommendations of Richard Oldfield’s report, and in particular his primary conclusion that we should do more to encourage the participation of smaller organisations in the delivery of rehabilitation services. We are looking at how we can use more grants rather than contracts where it is appropriate to do so as well as how to simplify the qualification process and bidding process for the dynamic framework.

Danny Kruger Portrait Danny Kruger
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I declare that I am the founder and chairman of a small charity working in prisons and probation. I am grateful to my right hon. and learned Friend for that answer. I congratulate Richard Oldfield on his report and the Minister on commissioning it. I am pleased to hear about the progress being made. Does the Minister agree that we need a culture change across the justice system, with managers and commissioners being prepared to trust the small community-based organisations that can deliver such good value, and that that entails having a bolder attitude to risk?

Lucy Frazer Portrait Lucy Frazer
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I completely agree with my hon. Friend. It is really important that local community services deliver rehabilitative services in the communities that they serve and we are trying to ensure that culture change. Of the 26 organisations delivering rehabilitative services in the unified model, 23 are voluntary and community sector organisations, but we will do more to ensure that those small community organisations deliver services for us.

Antony Higginbotham Portrait Antony Higginbotham (Burnley) (Con)
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4. What recent discussions he has had with the Home Secretary on delivery of the Government’s beating crime plan.

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Chi Onwurah Portrait Chi Onwurah (Newcastle upon Tyne Central) (Lab)
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T9. Work cuts reoffending rates in half. The Recruitment Junction in my constituency has a 50% success rate in getting ex-offenders into work—that is twice the national average. It tells me that the biggest challenge is on housing, such as for my constituent “Stuart”, who was released after 30 years in prison and was provided with just eight weeks’ accommodation. If he does not find somewhere to live by tomorrow, he will be recalled into prison, at huge cost to himself and to the taxpayer. How is the Minister going to help Stuart to get somewhere to live by tomorrow?

Lucy Frazer Portrait The Minister of State, Ministry of Justice (Lucy Frazer)
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The hon. Lady makes an important point, because if we want to cut crime, we have to reduce reoffending. That means we have to get people who come out of prison a job, they need to get a home and if they are on drugs, they need to get off drugs. This is absolutely what we are doing and in July we launched our £20 million scheme to provide temporary accommodation for prison leavers at risk of homelessness in five probation regions. We are also working closely with the Department for Work and Pensions to ensure that we have work coaches in prison to get people jobs.

Siobhan Baillie Portrait Siobhan Baillie (Stroud) (Con)
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Last year, the expert Family Solutions Group produced a hard-hitting report called “What about me?”, which focuses on the 280,000 children each year who experience their parents separating. With the divorce Act fast approaching and family courts increasingly stretched, will my right hon. and learned Friend meet me to discuss ideas and some of the report’s identified policy gaps on separating families?

Oral Answers to Questions

Lucy Frazer Excerpts
Tuesday 2nd February 2021

(3 years, 10 months ago)

Commons Chamber
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Danny Kruger Portrait Danny Kruger (Devizes) (Con)
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What steps his Department is taking to reduce reoffending.

Lucy Frazer Portrait The Minister of State, Ministry of Justice (Lucy Frazer)
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We are committed to cutting crime and reducing reoffending. A total of 80% of people in our prisons have reoffended, so if we want to cut crime we absolutely need to stop reoffending. In the past two weeks, we have announced a transformative cross-governmental package to address the underlying causes of reoffending: £80 million to increase the number of drug treatment places for prison leavers; and £70 million investment to cut reoffending by supporting people from prison into accommodation.

Bob Blackman Portrait Bob Blackman [V]
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My hon. and learned Friend will know that, under the Homelessness Reduction Act 2017, it is the duty of prison governors to enable people leaving prison to have a secure roof over their heads, so that they are not tempted to reoffend. I welcome the package of measures that has been introduced. Can she go further and explain the roll-out that will take place so that we can ensure that every person leaving prison is offered safe and secure accommodation, and is not tempted to return to a life of crime?

Lucy Frazer Portrait Lucy Frazer
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I thank my hon. Friend for his question and, indeed, for the superb work that he has done in introducing the Homelessness Reduction Act. I commend him for his work in this area. He is right to reiterate the £70 million that we have put in to ensure that prisoners do not end up on the streets. That builds on what we have been doing throughout the pandemic: we have been operating an £11.5 million scheme to get people into accommodation from prison. That and other measures will continue to ensure that we cut crime and that people do not reoffend.

James Sunderland Portrait James Sunderland
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It is important to support former prisoners, who sadly include ex-armed forces personnel, to ensure that they do not reoffend. Can my hon. and learned Friend please reassure me that her Department is committed to supporting probation services and the fine work that they do?

Lucy Frazer Portrait Lucy Frazer
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I am very pleased to commend the work of the probation service, which has been doing important work at this time. We are supporting it with the finances that it needs, with increased funding of an additional £155 million per year, making a total of more than £1 billion for our probation services. That will enable us to recruit 1,500 additional probation officers next year. The investment will also allow us to help people from custody into the community and create specialist short-sentence teams so that prisoners get help before and after they go through the gate.

Jamie Wallis Portrait Dr Wallis [V]
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The Dyfodol centre provides drug rehabilitation services in Bridgend town, and lots of businesses close to the centre are telling me that its presence has negatively impacted on them. The situation has been made worse during covid as the centre socially distances its users, often outside. G4S, which runs the centre, has engaged constructively with me on this and we now have an agreement in principle to move the service to a more appropriate location. Will my hon. and learned Friend meet me to discuss how her Department can facilitate and expedite this?

Lucy Frazer Portrait Lucy Frazer
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We are aware that there have been some difficulties with the building in Bridgend, and we are working with the local community, via the commissioned services to which my hon. Friend refers, to find an alternative location. I know that he has discussed the issue with his Dyfodol partners, and I am happy to have a meeting to discuss it further.

Jacob Young Portrait Jacob Young
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All too often, we see the same people committing the same crimes. In Redcar town, we have a specific issue where the same people are willing to steal from garages or to steal cars, sometimes just for a couple of quid. Our Conservative candidate for police and crime commissioner, Steve Turner, wants to crack down on these repeat offenders by using technology and tagging, if he is elected in May. Will the Minister outline what more the justice system can do to stop reoffenders committing these so-called low-value crimes?

Lucy Frazer Portrait Lucy Frazer
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The measures to which my hon. Friend refers—those which his prospective candidate is interested in—are exactly the measures that we are rolling out. We are looking at shortly rolling out tags for persistent offenders, and expanding and refreshing our integrated offender management tools to ensure that the police crack down on neighbourhood crime.

Danny Kruger Portrait Danny Kruger [V]
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I declare an interest as the founder and chairman of a prisoner rehabilitation charity. I very much welcome the announcement of a new package to support the reduction in reoffending that my hon. and learned Friend just mentioned. Does she agree that the dynamic framework for probation contracts should have an explicit objective of enabling small frontline charities and social enterprises to play a full role, with full cost recovery, in the delivery of rehabilitation services?

Lucy Frazer Portrait Lucy Frazer
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I do agree, and I commend my hon. Friend for the work that he did before he came to Parliament to support youths at risk of reoffending. He will be interested to know that of the 221 organisations that qualified for the dynamic framework, nearly 80% are voluntary sector or community organisations. So far, we have awarded 17 contracts, four of which have been awarded to the voluntary sector or community organisations, but we hope to build on this. We expect the proportion of awards in those sectors to increase in the next round, because 70% of the personal wellbeing bids and 100% of the women’s services contracts have come from organisations in those sectors. As I have discussed with him, we are also conducting a review of the first stages of the competition to ensure that we maximise those sectors’ participation in future competitions.

Stephen Crabb Portrait Stephen Crabb (Preseli Pembrokeshire) (Con)
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What steps his Department is taking to support ex-offenders into work.

Lucy Frazer Portrait The Minister of State, Ministry of Justice (Lucy Frazer)
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We know that offenders are 9% less likely to reoffend if they have a job, which is why we are working with the Department for Work and Pensions to increase the number of work coaches to ensure that ex-offenders have the support they need to enter into the workplace. That is in addition to the work that we are doing in the Ministry of Justice to build up the New Futures Network, which continues to broker partnerships between prisons and employers to improve employment opportunities for prisoners and prison leavers.

Stephen Crabb Portrait Stephen Crabb [V]
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Getting information and opportunities to prison leavers as early as possible is key to helping them to build a new life on the outside, so does the Minister agree that the Government’s excellent kickstart programme should be available to suitable offenders under the age of 25, and that ideally they need to get connected to the scheme before they leave the care of the Prison Service?

Lucy Frazer Portrait Lucy Frazer
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I absolutely agree. It is appropriate that the work programmes that are available in the community are available to prison leavers. That is why I am working closely with my right hon. Friend the Secretary of State for Work and Pensions on this issue, including by delivering on our manifesto commitment to increase the number of prison work coaches, who will further support prison leavers. It is those work coaches who will enable us to connect to those long-term Government programmes.

Angela Crawley Portrait Angela Crawley (Lanark and Hamilton East) (SNP)
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What plans he has to bring forward proposals to amend the Human Rights Act 1998.

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Lucy Frazer Portrait The Minister of State, Ministry of Justice (Lucy Frazer)
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In July 2020, the Government accepted in full six out of seven recommendations made by the Prison Service Pay Review Body. This delivered an increase of at least 2.5%, with some staff receiving up to 7% with progression. This delivered an above-inflation increase, and it was the third year in a row that prison staff have benefited from a pay award of at least 2%. In rejecting recommendation 3, the impact on recruitment, retention and staff morale were carefully considered alongside affordability and value for money for the taxpayer. I would like to say that I highly value the work of the prison staff, and the decision to reject recommendation 3 should in no way suggest otherwise.

Rachel Hopkins Portrait Rachel Hopkins [V]
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Prison officers are poorly paid for the incredibly difficult job that they do, and the Government’s experts recommended a £3,000 pay rise for band 3 prison officers to tackle the crisis in recruitment, retention and morale. The Government are committed to departing from their recommendations only under exceptional circumstances, so will the Minister explain what exceptional circumstances justify not paying band 3 prison officers what they deserve?

Lucy Frazer Portrait Lucy Frazer
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To repeat, I recognise the very difficult work that prison officers are doing up and down the country at this time. The pay proposals that we have accepted deliver an increase in pay, and as I mentioned, we took into account factors including affordability and value for money at this time.

Lyn Brown Portrait Ms Lyn Brown (West Ham) (Lab) [V]
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Violence in our prisons has increased massively over the past decade, and skilled staff are essential to keep prisons safe. The Minister knows that the pay review body recommended a one-off increase to wages in band 3 as a job retention package, to ensure that our prisons keep the staff they need. She knows that staff and vulnerable prisoners will be at greater risk if yet more skilled officers leave the profession, so let me give her another chance to answer the question: she chose to ignore that recommendation—why?

Lucy Frazer Portrait Lucy Frazer
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I would like to address the point that the hon. Lady raised about violence in our prisons. I am pleased that violence in the adult male estate has gone down over recent months. Of course we accept that it is too high, and we must continue to do more to protect our prison officers. That is why we are rolling out body-worn cameras, and why we have 24/7 counselling and trauma support, as well as other things to support prison officers. Of course pay is a critical factor in the way that people value their job, and we are introducing a package of measures to ensure that prison officers continue well in their roles.

Lloyd Russell-Moyle Portrait Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)
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What assessment he has made of the adequacy of the steps taken by HM Courts and Tribunals Service to mitigate the risks of covid-19 infection on the court estate.

Prison Service Pay Review Body Recommendations 2020-21.

Lucy Frazer Excerpts
Thursday 10th December 2020

(3 years, 12 months ago)

Written Statements
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Lucy Frazer Portrait The Minister of State, Ministry of Justice (Lucy Frazer)
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I am today making a further and final announcement on the Government’s response to this year’s recommendations from the Prison Service Pay Review Body.

The Prison Service Pay Review Body (PSPRB) reported to Government with its 2020-21 pay award recommendations earlier this summer, and on 21 July, the Lord Chancellor and Secretary of State for Justice was pleased to announce the Government’s acceptance of six out of the seven recommendations. This has already delivered an above inflation pay rise of at least 2.5% for all prison staff, with cumulative awards of up to 7.5% where progression pay is taken into account.

The PSPRB report also included a recommendation (“recommendation 3”) to make a further overall increase of £3,000 for “Band 3” prison staff on modernised terms and conditions, intended to have effect from September 2020. For staff at this grade, this would represent a rise of between 14% and 21%. This group represents around one third of the prison service workforce. This recommendation presents clear affordability challenges due to its exceptional cost and is also out of step with other public sector workforces. The Government therefore committed to considering the recommendation in more detail.

Since the initial announcement, the Ministry of Justice, together with HM Treasury, has considered further the exceptional costs associated with implementing this recommendation, the impact on the overall pay structure, and the changing labour market conditions due to the exceptional economic impacts of the covid-19 pandemic.

Changes in the labour market as a result of the covid-19 pandemic, and the unpredictable changing state of the economy means that the assumptions made by the PSPRB upon which it based its recommendations have now changed.

The Department has also considered if any associated workforce reforms could be delivered alongside the recommendation which would create efficiencies and savings, and therefore deliver value for money by offsetting some of the cost of the recommendation. This was undertaken with a view to possible discussions with recognised trade unions, should an option for affordable delivery of the recommendation, which could offer value for money for taxpayers, be identified. The conclusion is that sufficient savings required to offer value for money could not be achieved, meaning the recommendation remains unaffordable.

It has therefore been decided not to accept “recommendation 3”. Nonetheless, this is the third year in a row that prison staff have benefited from an award of at least 2%—which delivers an above inflation increase.

I would like to reiterate my thanks to the PSPRB for its independent expertise, insight and rigour through which it has developed this year’s report. While the Government have not accepted the entirety of the PSPRB recommendations for 20-21, the Department remains committed to working with the review body and we will also continue to work closely with recognised trade unions.

The Chancellor has outlined that in the interest of fairness, pay rises in the public sector will be restrained and targeted for the coming year (2021-22), while also ensuring an uplift for lower earning staff who need it most. I will be shortly writing to the chair of the PSPRB to seek its independent advice on prison pay for 2021-22, in line with the Chancellor’s statement.

I am also, above all, immensely grateful for the hardworking public servants who are critical to the delivery of safe and secure running of our prisons. While the wider circumstances are unpredictable, I remain committed to supporting staff in our prison service, who work hard to help those who are the most vulnerable in our society while keeping the public safe.

[HCWS638]

Oral Answers to Questions

Lucy Frazer Excerpts
Tuesday 8th December 2020

(3 years, 12 months ago)

Commons Chamber
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Ben Everitt Portrait Ben Everitt (Milton Keynes North) (Con)
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What steps his Department is taking to increase prison capacity.

Lucy Frazer Portrait The Minister of State, Ministry of Justice (Lucy Frazer)
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We have committed more than £4 billion to deliver 18,000 additional prison places across the prison estate by the mid-2020s to support the Prime Minister’s commitment to crack down on crime. Those 18,000 prison places include the 10,000 places being made available through the construction of four new prisons, the expansion of a number of other prisons, refurbishment of the existing prison estate, and the completion of our ongoing prison builds at HMP Five Wells and Glen Parva.

Katherine Fletcher Portrait Katherine Fletcher
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Wymott bowling club has been based at HMP Wymott, near Ulnes Walton, for about 42 years. It is a fantastic part of the community, with a library in a portakabin because the old building associated with the prison estate had to be knocked down. It has some big ideas for a really good community resource, but it needs to know when the Ministry of Justice will finalise its plans. Can my hon. and learned Friend share when the community centre can have some certainty and get its exciting plans under way?

Lucy Frazer Portrait Lucy Frazer
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I am happy to do that. I really understand the value of community centres, and I am aware of the brilliant plans that Ms Kitching, the chair of Wymott bowling club, has for a new community centre. Work is under way to determine appropriate sites for other prisons, and we need to ensure that we do not release land we own that we might use in the future. We expect to make a decision on this in spring 2021. My hon. Friend will be pleased to know that my officials are planning to meet Ms Kitching in mid-December to discuss this matter in more detail, and I would be happy to keep my hon. Friend updated.

Ben Everitt Portrait Ben Everitt [V]
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Can my hon. and learned Friend confirm what types of offender will be prioritised for these new prison places and that the most dangerous criminals will be kept off our streets?

Lucy Frazer Portrait Lucy Frazer
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We anticipate that the additional places will deliver a mix of places based on population type and category, which will enable us to ensure that prisoners are kept in the right security category according to their risk assessment. In September, the Lord Chancellor published “A Smarter Approach to Sentencing”, which sets out our plans for a system that protects the public. These reforms will ensure that serious sexual and violent offenders and those who are dangerous are kept in prison for longer.

David Lammy Portrait Mr David Lammy (Tottenham) (Lab)
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England and Wales already have the highest imprisonment rate in western Europe. Shocking figures released last week show that the prison population is going to explode from 79,000 to 100,000 by 2026. Overcrowded, understaffed and crumbling prisons can never be safe. In 2016, the Conservatives pledged 10,000 extra prison places by 2020, but they have only managed 200. They pledged another 10,000 last year, but the Ministry of Justice says that the business case has not yet been approved. Trust matters in politics. It is fatally damaged when pledges are missed and promises are broken. The Secretary of State said last week that he would provide 18,000 new prison places. Why should anyone believe him?

Lucy Frazer Portrait Lucy Frazer
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The right hon. Member mentioned the fact that we had overcrowding. I would like to point out that overcrowded accommodation has gone down since the Labour Government in 2004. He also mentioned the increase in the prison population. That is not something that has just occurred under this Government. Labour failed to reduce the prison population, which increased by nearly 25,000 between 1997 and 2010. We have already made significant progress on the development of two prisons, and we have made a commitment to build others. Those plans are well under way, and we will be delivering them.

Michael Fabricant Portrait Michael Fabricant (Lichfield) (Con)
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What plans he has to review the relationship between Government, Parliament and (a) the Supreme Court and (b) other courts; and if he will make a statement.

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Catherine West Portrait Catherine West (Hornsey and Wood Green) (Lab)
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What steps the Government are taking to respond to covid-19 outbreaks in prisons.

Lucy Frazer Portrait The Minister of State, Ministry of Justice (Lucy Frazer)
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Throughout the pandemic, we have worked really closely with Public Health England to respond to any outbreaks in prison and to keep our staff and those in our custody safe. We are taking a number of measures, which include compartmentalisation—keeping separate the vulnerable, those who are symptomatic and those who are coming into prisons from outside—as well as increased testing and more use of personal protective equipment, including face masks, where it is appropriate.

Catherine West Portrait Catherine West
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During these tough times of covid, health and safety is more important than ever. Will the Minister consider introducing a hotline for staff so that they can report health and safety breaches, particularly around the covid question but in other regards as well, given that prisons are a difficult place to work?

Lucy Frazer Portrait Lucy Frazer
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I thank the hon. Lady very much for her suggestion. There are a number of hotlines available to staff. We work very closely with the unions on a local level, as well as a national level, but I am very happy to take away her suggestion to see whether it is necessary.

Stephen Morgan Portrait Stephen Morgan (Portsmouth South) (Lab)
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What progress he has made on tackling racial disparity in the youth justice system since the publication of the Lammy review in September 2017.

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Tony Lloyd Portrait Tony Lloyd (Rochdale) (Lab)
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What progress he has made on implementing the female offender strategy.

Lucy Frazer Portrait The Minister of State, Ministry of Justice (Lucy Frazer)
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The female offender strategy launched an ambitious programme to improve outcomes for female offenders and make society safer by tackling the causes of offending. It will take several years to deliver, but, two years on, we are making good progress. We have invested over £5 million in 30 women’s services across England and Wales, and we are in the process of allocating a further £2.5 million to increase the financial stability of those providing these important services.

Debbie Abrahams Portrait Debbie Abrahams [V]
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Under the Bail Act 1976, the courts can remand an adult to prison for their own “protection” or a child for their own “welfare”. This even happens when the criminal charge cannot result in a conviction. We are restricting a person’s liberty—usually someone with complex mental health needs, and often women—because of the failure to provide the appropriate treatment, care or support in the community. Will the Minister support the repeal of this outdated, offensive and draconian power, which is contrary not only to human rights, but to human decency?

Lucy Frazer Portrait Lucy Frazer
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The hon. Member will know that we are looking at the Mental Health Act 1983 provisions and reviewing them. We never think that it should be appropriate to use prison as a place of safety. Combined with that, we recognise the need to tackle mental health issues in all those who come through the justice system, particularly women, because women have a high incidence of mental health needs. We will be looking carefully at how we can commit further funds to ensure that women and men get the services they need to help to turn their lives around.

Tony Lloyd Portrait Tony Lloyd [V]
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We know that the majority of women sentenced for non-violent crimes are given short prison sentences, which are totally ineffective in rehabilitation but can split up families, put children into care and lead to eviction from the home—all things that we should not want to happen. Women’s centres are successful, as we know in Greater Manchester. They are cost-effective, but also much better in human terms and better for society. Can the Minister guarantee that we will enhance the investment in those centres and get women who should not be in prison out of prison and into the kind of care that makes a difference to them and to society?

Lucy Frazer Portrait Lucy Frazer
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The hon. Member makes a very important point: we need to ensure that we support women not only in custody, but outside it. He will have heard me mention that we are in the midst of a £2.5 million funding exercise, in which some of the money will go to community centres. However, we are doing other things as well, such as improving pre-sentence reports to ensure that women get the right order and go into the community, not into custody, where that is appropriate. He will also have heard me announce recently our first residential women’s centre, which will be in Wales and which we are progressing with. It is for those women who are on the cusp of custody, but whom we do not want to put in custody where we can avoid that, so that they can instead be ordered by the court to go into a residential women’s centre, which will better look after their needs.

Lyn Brown Portrait Ms Lyn Brown (West Ham) (Lab) [V]
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The female offenders strategy published in 2018 by the then Justice Secretary and Prime Minister got it right. One woman in every three in prison self-harms. They are twice as likely as men to have mental health needs and more likely to have drug problems. According to those Ministers, short-term prison sentences

“do more harm than good”,

but last year, half of all women’s sentences were of less than three months, and the plan is to increase the women’s population by 40%. Why have these Ministers so quickly abandoned the promises made by their predecessors?

Lucy Frazer Portrait Lucy Frazer
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I refute the claim that we are changing our policy in any way. As the police are funded to search out and investigate further crime with our 20,000 additional officers on the beat, it is inevitable that some further women will go to prison as a result, and it is our obligation to ensure that there is a safe place for them to go. We, too, are concerned about women coming through short sentences, but the judiciary makes those independent decisions on short sentences, and we are ensuring that when people do come through on short sentences, they will have specific probation officers looking after them in the new, reformed probation system to ensure that those women, and men, get the support that they need.

Kieran Mullan Portrait Dr Kieran Mullan (Crewe and Nantwich) (Con)
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What assessment his Department has made of the potential merits of criminalising the desecration of a corpse.

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Dan Poulter Portrait Dr Dan Poulter (Central Suffolk and North Ipswich) (Con)
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What steps his Department is taking to reduce drug dependency in prisons.

Lucy Frazer Portrait The Minister of State, Ministry of Justice (Lucy Frazer)
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Justice colleagues work closely with our Health partners, and since April 2018 a national partnership agreement on prison healthcare in England has been in place. Tackling drugs is a priority within that agreement. In April last year, we published the national prison drug strategy, which focuses on three strands: tackling drugs in prison by restricting supply, reducing demand and helping to ensure that we turn people’s lives around by building recovery from drugs and substance misuse.

David Simmonds Portrait David Simmonds
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I know that the Lord Chancellor and his Department have previously made known their support for the Prisons (Substance Testing) Bill, led by my right hon. Friend the Member for Chesham and Amersham (Dame Cheryl Gillan). Given that the Bill would make such a difference in this area, will my hon. and learned Friend reaffirm that support today and give an indication of the timescale according to which we might expect the legislation to appear?

Lucy Frazer Portrait Lucy Frazer
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I am so glad that my hon. Friend has raised this question, because we wholly support the Bill introduced by my right hon. Friend the Member for Chesham and Amersham (Dame Cheryl Gillan). It is going to help us to tackle illicit substance misuse and help people to get their lives back on track by identifying who is taking drugs and how we can better support them. I am pleased to note that the Bill is scheduled for consideration on Report and Third Reading on 22 January, and, should it receive Royal Assent, we will be implementing the provisions at the earliest opportunity.

Dan Poulter Portrait Dr Poulter [V]
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As the Minister will be aware, it is equally as important to ensure that there is proper rehabilitation and support on substance dependency when people are released from prison. That is equally important in ensuring that we break the cycle of reoffending, but, far too often, arrangements are not in place adequately to support people once they are released. What can she do to reassure me that the Government are taking this issue seriously and will put in place better arrangements to support substance misusers with dependency issues once they are released from prison?

Lucy Frazer Portrait Lucy Frazer
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My hon. Friend raises a really important question. We are doing a number of things, and I shall highlight two of them. First, as I mentioned, in relation to our probation services, we are getting that help to people earlier, so that a probation officer will be working with a prisoner on his or her release at an earlier stage, so as to help them to get that support organised in the community. The second thing that we are doing, working closely with NHS England, is rolling out our Reconnect service. That service links up the healthcare in the prison with the healthcare in the community, which are not always aligned. The Reconnect service is being rolled out across the country.

James Gray Portrait James Gray (North Wiltshire) (Con)
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What plans he has to reform the sentencing regime for 17-year-olds.

Lucy Frazer Portrait The Minister of State, Ministry of Justice (Lucy Frazer)
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I thank my hon. Friend for his correspondence regarding the reforms in the sentencing White Paper. All offenders, including 17-year-olds, who commit the most serious offences and who pose a risk to the public should serve time in custody that reflects the seriousness of their offending. To reduce the gap between the sentencing of older children and younger adults for murder, we plan to replace the blanket starting point of 12 years for murder committed by a child with a sliding scale to reflect age and the severity of the offence.

James Gray Portrait James Gray
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Young Ellie Gould was brutally murdered in her own home in Calne in my constituency last year. Her assailant, Thomas Griffiths, was given a sentence of 12 and a half years because he was 17. The sentence was further ameliorated by the fact that he did not bring the weapon to the murder scene, but picked up a kitchen knife at the scene. He was 18 when he was convicted and given 12 and a half years. I very much welcome the fact that the Minister is considering this matter. Does she not agree that 12 and a half years for a crime of that sort committed by a boy aged 17 years and eight months is woefully inadequate? He should have got the 15 to 25 years he would have got had he been an adult.

Lucy Frazer Portrait Lucy Frazer
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I cannot begin to imagine what Ellie Gould’s parents must have been through. In addition to the point that I made about introducing a sliding scale to reflect age and severity, I want to make it clear that we are considering a particular minimum threshold for those who are 17. My hon. Friend mentioned the knife already being present at the scene of crime, in the home. He will know that the Sentencing Council has produced guidelines for judges on domestic abuse, which outline that the domestic setting of the offending behaviour makes it more serious. As he knows, these are matters that we are looking at in our sentencing White Paper.

Sally-Ann Hart Portrait Sally-Ann Hart (Hastings and Rye) (Con)
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What steps the Government are taking to increase the use of community sentence treatment requirements.

Prisons (Substance Testing) Bill

Lucy Frazer Excerpts
Committee stage & Committee Debate 2 December 2020: House of Commons
Wednesday 2nd December 2020

(4 years ago)

Public Bill Committees
Read Full debate Prisons (Substance Testing) Act 2021 View all Prisons (Substance Testing) Act 2021 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 2 December 2020 - (2 Dec 2020)
Lyn Brown Portrait Ms Brown
- Hansard - - - Excerpts

I absolutely do. It is quite clear that once someone is on a treatment programme it needs to continue seamlessly, because we all want people, when they leave prison and go back into our communities, to be able to do so free from drugs and addiction, and to start a fresh life. My hon. Friend is right, and I am grateful to him for bringing that to our attention.

I gently suggest that the statistics, and Government policy more broadly, might be improved if we stop pretending that prisoners do not start taking drugs while in prison, rather than always going into prison with an addiction. That is the truth of it. The whole system at the moment seems to be geared to discovering who has a pre-existing dependence on drugs and ensuring that they are in treatment, which is good. Do not get me wrong, that is essential, but for drugs such as spice, which has been very common in prisons, it is not the whole story.

There is a third pathway to treatment that we need to ensure is available: a pathway for those people who did not have a drug problem when they entered prison but who, tragically and unacceptably, acquired one while inside. They are the people the system is failing most—the people for whom the boredom and difficulties of prison life are alleviated by short oblivion through illicit drugs obtained inside. I am genuinely hopeful that the Bill will enable treatment for those people. If it does, that will be a massive benefit to communities and families.

I will quickly explore one other issue. The transition between custody and community is often a revolving door, especially for those with drug abuse problems. It may be especially important for spice users. It is very evident that spice is disproportionately used by two populations: prisoners and rough sleepers. We know from last week’s Public Health England substance misuse statistics that in 2019 almost half of those entering treatment for misuse of an NPS had a housing problem—the highest proportion for any category of substances. I suspect that if we accounted for those who use spice but who are not in treatment as well as for those who are, the proportion with a housing problem would be even higher. It is incredibly difficult to hold down a job, maintain positive relationships and a family life, and to keep the mind and body healthy while living on the street. That contributes to higher levels of imprisonment among those who sleep rough.

Homelessness for prison leavers, and what the charity Nacro calls cell, street, repeat, is a priority for us, and I am led to believe that it will be a priority for the Government to reduce reoffending rates in coming years. However, we need to understand how these issues are connected; how many people come into prison with a history of rough sleeping and associated use of spice in a year; how many receive treatment for substance misuse while inside; how many are still accessing spice or other harmful substances while they are inside; how many of these people, when released, go straight back to rough sleeping; and how many are going straight back to spice use if they managed to get clean inside. I hope the Minister will offer to take this issue away and consider whether there is a need for further research, which the Ministry could commission, and how it might best be achieved.

The other important transition is when people leave prison. We need to ensure that leaving prison means starting a new, changed life. It is good for the whole of our community that prisoners, when released, do not come out and reoffend. It is also important for the prisoner that they get a true second chance. Substance misuse treatment is a massive part of ensuring that that can happen. We need to ensure that information about people’s needs travels with them as they leave prison and that treatment is immediate and consistent when they arrive in the community.

There is, unfortunately, little point in people getting clean or stable inside prison if they immediately relapse when they are out, without enough support, in the chaos and confusion of the outside world again. In fact, as we know, after release is the most dangerous time for those using illicit drugs, with appalling proportions of overdose deaths occurring in the first few days after leaving prison, just when we are wanting people to have a sense of hope and rebirth. A Norwegian study found that 85% of all deaths in prison leavers in the first week after release were due to overdoses. A US study found that the risk of an overdose death was 12.7 times higher for a prison leaver in the first two weeks after release from the general population.

Most of these deaths after leaving prison are the result of opiate use—heroin, or even more, drugs such as fentanyl—rather than an NPS. People in prison with an opiate dependence are generally on a regulated dose of a replacement drug as a medication, but when they come out, if they do not have immediate access to continue that treatment, they turn to the black market. At that point, much higher and less reliable doses are sold, which can quickly overwhelm the body, and people die. So getting transitions from custody to community right is a matter of life and death for some, and an essential part of treatment.

A few weeks ago, I met with some amazing NHS staff who work with armed services veterans in custody at HMP Wandsworth. I was delighted to hear that the staff in the substance misuse team leave the prison when those in their care are released, and go with them to their first appointment for community treatment. That is exactly the kind of integrated working that we need, but we all know that it is far from universal.

Can the Minister tell us more about what the Government are doing to improve treatment through the gate, following the recommendations in the report from the Advisory Council for the Misuse of Drugs on custody to community transitions last year? I fully appreciate that she is unlikely to have detailed answers to all my questions at her fingertips, but I think that we, as parliamentarians, could do with them to help to design and monitor effective policy on issues that mean enough to us that we are sat here this morning.

This is an excellent Bill, whose purpose we support, but if it is not accompanied by effective, well-resourced Government policy its benefits will be limited. I am fairly certain that the right hon. Member for Chesham and Amersham would not be impressed by that at all. I will say more when we come to the new clauses.

Lucy Frazer Portrait The Minister of State, Ministry of Justice (Lucy Frazer)
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It is such a pleasure to serve under your chairmanship, Ms Ghani. I will not detain the Committee long on the main points, but I will respond to the points that the hon. Member for West Ham raised. I, like others, give my wholehearted support to my right hon. Friend the Member for Chesham and Amersham for introducing this very important Bill, and to my hon. Friend the Member for North West Durham for acting as its sponsor on her behalf. I commend the excellent work that my right hon. Friend has done in preparation for the Bill, notwithstanding that she has been unable to participate in these proceedings.

Having the privilege of being the Minister responsible for prisons, probation and rehabilitation, I am acutely aware of how necessary the Bill’s provisions are. As the hon. Member for West Ham said, drugs fuel crime both in and outside prison. Moreover, new drugs are constantly emerging on to the market in prison, and criminals are tweaking the chemical compounds of existing psychoactive substances to avoid detection. The Bill ensures that drug tests are responsive to the latest challenges in prisons and young offenders institutions.

The Bill will future-proof the drug-testing framework by adopting the broader definition of psychoactive substances, prescription-only medicines and pharmacy medicines, and it will enable our prisons to start testing more immediately for new drugs substances. More than that, it will enable us to identify new and emerging trends and therefore react quickly to changes in drug use by adjusting the relevant security measures to find specific drug types or the appropriate medical response during an emergency.

There is also the issue of identifying prisoners or young offenders with ongoing drug problems. The provisions in the Bill will enable Her Majesty’s inspectorate of prisons to have a better understanding of which individuals are misusing drugs and therefore to ensure that they get the appropriate treatment, as well as providing evidence of what is possible in terms of prevention.

We have a multifaceted approach to tackling drugs, and the Bill will enable us to continue to enhance our ability to tackle the scourge of drugs in prisons. I am grateful to my hon. Friend the Member for North West Durham for taking the Bill through the House, and to my right hon. Friend the Member for Chesham and Amersham for introducing it.

I will deal with a few of the points that the hon. Member for West Ham raised. She put forward a range of issues, and I will deal with the largest ones. She asked whether we were satisfied with the definition of psychoactive substances. I would like to assure her that we are content that the Psychoactive Substances Act provides HMPPS with a sufficiently broad definition to allow for testing of any new or existing psychoactive substances that may be used in prisons now or in the future. Of course, it is theoretically possible that a substance will fall outwith the definition in the future, so the Bill is drafted to future-proof drug testing in the case of any such eventually. However, that is not an eventuality that we anticipate at this time.

The hon. Lady asked what we will use the evidence we gather for. The key objective of the mandatory drug testing programme is to provide a means of identifying prisoners with ongoing drug problems to ensure that they are offered the appropriate treatment, and I would like to detail some of the work that we are doing on that. However, it is also right, as highlighted by my hon. Friend the Member for Aylesbury, who has such experience, that we need to tackle those who traffic, distribute and use illegal and illicit drugs, and prison governors should have appropriate sanctions available to them to discourage such offending. The hon. Member for West Ham is right that we need to treat people with drug use, but prisons must take a balanced approach that is consistent with that, and it is important that they have the tools available to them in appropriate places.

Bambos Charalambous Portrait Bambos Charalambous
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The Minister mentioned having a multifaceted approach to substance abuse in prison. A couple of years ago her predecessor mentioned that there was going to be a £10 million investment in scanners and other equipment to detect drugs going into prison—that is the other side of the equation. Could she give us any updates as to what the Government are doing on that? I am sure that is something we would all be interested in hearing about, because we want to make sure that drugs do not get into prisons in the first place.

Lucy Frazer Portrait Lucy Frazer
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I am pleased that the hon. Gentleman has raised that point. As he repeated, we do have a multifaceted approach, including limiting the supply—the measures he identified are to do that—limiting demand and providing treatment. He is right that we did a pilot programme in 10 prisons, and as a result of that and other work, we have put forward a £100 million security package, which includes the airport scanners to detect drugs that have been ingested before being brought into prisons. We also have enhanced gate security for visitors and staff, we have mobile phone blockers and we have beefed up investment in the investigation of crimes, so that we can bring people to justice if do the things the hon. Member for West Ham talked about so passionately. We need to stop the crime of supply within our prisons.

The hon. Member for West Ham rightly focused on how we limit demand and actually treat people in our prisons. We have a number of initiatives on that. She will know about Holme House—our first drug recovery prison. It is a £9 million project jointly funded by the Ministry of Justice and the Department of Health and Social Care. I am pleased to say that that programme will be evaluated early next year; the early signs are good, but the formal evaluation will take place next year. We also have that on a small scale in a number of prisons. We have enhanced drug-free wings. The hon. Lady rightly says that we should not be punishing and that we should be encouraging, and these drug-free units encourage and incentivise people to live a drug-free life. That is something we are very committed to increasing.

Treatment is very important, as the hon. Member for West Ham mentioned, and we need to help people get on treatment programmes. She rightly said that 90% of people coming into prison, where they are on those programmes, do have access to treatments within three weeks. In fact, 53,193 adults accessed drug and alcohol treatment services within prisons and secure settings between 2018 and 2019. I am pleased to say that 27% of those who were discharged after completing their treatment were free of dependence. The programmes that we are putting in place, having detected people who have problems, are therefore working, and I am pleased to say that that figure is an increase from the 24% who were successfully free of drugs two years earlier.

The hon. Member is right to point out that people sometimes turn to drugs in prison, when they have no hope and not much else to do. That is why we are committed to ensuring that we increase purposeful activity that will get people jobs when they come out. As evidence of that, she will know about our £2.5 billion spending programme for prison builds. We are absolutely committed to providing spaces where people can do good work and have good education in prisons.

Of course, we need to help those who unfortunately become addicted in prison. I do not shy away from the fact that that happens, but the measures in the Bill and all the other measures that I have identified will help us do that.

The hon. Member rightly talked about rough sleepers, and the link between them and prison. Around 60% of rough sleepers have been in prison in the last year, so there is a clear correlation between offending and homelessness. I have spoken previously about the close work that my Department is doing with the Ministry of Housing, Communities and Local Government to ensure that we take people out of rough sleeping and into homes. That will have an impact on turning around the lives of those people who would otherwise come into our institutions.

In the spending review, the hon. Member will have seen the commitment to £237 million that the Prime Minister announced for accommodation for up to 6,000 rough sleepers. She will also have seen a further £144 million for associated support services and £262 million for substance misuse treatment services, which, when fully deployed, are expected to help more than 11,000 people a year. The Ministry of Housing, Communities and Local Government, through our joint work, is not only taking people off the street, but giving them the treatment they need for their addiction. That spending is a 60% increase on the 2019 SR.

The hon. Member talked about other transitions into the community and between prisons. She is right to identify those points. We are already doing a significant amount of work on transitions into the community. She mentioned the important work that is being done in Wandsworth. That is not one of our RECONNECT programmes, but she will know that we have a RECONNECT service that the NHS is rolling out across the country. That is doing exactly what she identifies: ensuring that those who leave prison engage with community health services and supporting them to make that transition easier. Having spoken to the NHS and the Department of Health and Social Care regularly, I know they are committed to rolling that out in the coming years, in full, everywhere and to every prison in the country.

I agree that there is more work to do on transferring between prisons. That relates to healthcare, NHS records and the work that we need do in prisons, but we are committed across the board to joining up the prisoner journey, not only in healthcare, but in other areas such as education.

The hon. Member mentioned naloxone. That point rightly comes up often, because it is important that, when we release prisoners who are addicted, there are no drastic consequences. Public Health England monitors the number of eligible prisoners who are given naloxone. Currently, 17% of those who have an opiate dependency get naloxone, which is up on previous years. I recognise that it could be more and I know that PHE is doing a piece of work at the moment to monitor performance in relation to take-home naloxone across all prison establishments and to identify best practice. I have spoken to them and they have an ambition that everybody will get it.

I hope I have addressed the hon. Member’s points. The Government are pleased to support the Bill that my right hon. Friend the Member for Chesham and Amersham promoted and that my hon. Friend the Member for North West Durham introduced today, and I commend it to the Committee.

Richard Holden Portrait Mr Holden
- Hansard - - - Excerpts

I thank hon. Members who have taken part today, and I pay tribute to my hon. Friend the Member for Hitchin and Harpenden, who tried to introduce the measure in a previous Session as a ten-minute rule Bill. It did not quite reach Committee stage, but we are rocking on. I hope we can keep it going today. I thank the hon. Members for West Ham and for Enfield, Southgate.

--- Later in debate ---

Surely, there must be lessons to be learned from whether access to harmful substances has or has not reduced, which should tell us something helpful about targeting efforts to shut down access to drugs in future. Likewise, we should be able to learn lessons about the connection between mandatory testing and treatment, and between testing and disciplinaries, from the extraordinary period we are in. I say gently that I do not think the Minister engaged with that point on Second Reading, so I am really hoping that today she is enthusiastically wanting to say more.

Lucy Frazer Portrait Lucy Frazer
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The hon. Member for West Ham has highlighted two matters in her amendment, both of which relate to reporting. I am very grateful for her having raised these very important matters, but I would like to reassure her that the amendment is not necessary, because sufficient procedures are already in place to measure and record what work will be done.

I would like to highlight, as the hon. Lady has, that making sure treatment is available is critical, and the first step is this one: identifying what substances are out there. The second step is identifying those people who we need to help, and the third is to give treatment. I hope that in the points I raised in response to her earlier speech, I have identified the considerable measures that we are taking to support people in their treatment, including the significant sums we are giving to rough sleepers—of course, there is an overlap there with prison leavers—and the RECONNECT service that the NHS links up with those treatments within prison and in the community.

I would like to go through the substance of the amendment. Through proposed new clause 1, the hon. Lady is seeking to expand the current scope of reporting by obligating an assessment of value for money after a year, so I will identify the structures that are already in place. As I said, the key objective is to ensure that people are identified, so that they can get treatments, and the effectiveness of that objective is continually reviewed as part of the national prison drugs strategy, which we published in April last year.

The Department also released an annual assessment, with accompanying statistics, as part of HMPPS’s annual digest. This provides a number of the items that the hon. Lady has enumerated in her amendment, including the number of tests conducted, the number of positive tests, and the number of psychoactive substances found. Furthermore, we believe that the contract for providing the drug testing service is effectively managed and reviewed by operational and commercial teams through regular formal contract meetings. To understand the capabilities of the various testing providers, HMPPS has undertaken extensive market engagement with potential suppliers, and it will do so again during future contract tendering processes.

In relation to the specific points the shadow Minister made about value for money, I can reassure her that the provisions in the Bill would contribute to value for money through drug testing in prisons and ensuring that complete information is routinely gathered relating to the misuse of substances in custody. This, as I said, will enable us to make the right operational responses, as well as ensure that we get the right interventions. I believe that there is scrutiny for drug testing in prisons, supported by existing processes, and we should not rush into legislating on this issue.

I would, of course, be happy to write to the hon. Lady when the annual digest is published—I believe the next one is due in July—to draw her attention to those matters, so that she gets that material as quickly and speedily as possible. Of course, I am always happy to engage with her when she has questions, so that we can resolve any issues that she feels have not been fully dealt with. I ask her to withdraw new clause 1.

10.30 am

In new clause 2, the hon. Lady is asking that the Advisory Council on the Misuse of Drugs make biannual reports to Parliament on substance testing in prisons—that is quite similar to new clause 1. As I have explained to the Committee, the effectiveness of drug testing is continuously reviewed and the contract in which it sits is already scrutinised.

Officials at the Advisory Council on the Misuse of Drugs have advised us that the council is not set up for the type of role proposed in the new clause, which appears to be about reporting on the operations and performance of the substance testing system. The council’s role is to provide independent science advice to the Government. That may involve, for example, synthesising advice based on evidence collected on misuse and societal harms. Its role is not to report on the objectives of specific drug testing programmes. I can reassure the shadow Minister, however, that the ACMD already has a role in making recommendations for action, but more broadly, under its role in the Misuse of Drugs Act 1971. The new clause would broaden those functions beyond their current scope.

I will address a few of the specific points that the hon. Lady made and I hope that I can alleviate some of her concerns. She identified and mentioned the significant investment that we are making in security—the £100 million investment to which I referred earlier when addressing the main clauses. In the course of that significant programme and of ensuring that we have funding from the Treasury for it, we have identified where we think, having done some work, the best value for money is. That is why we are pursuing those measures in the course of our programme.

The hon. Lady talked about the impact of covid on drug testing and the importance of lessons learned. I completely agree with her about the importance of looking at what we have learned in this period, and we are undertaking a broad study on that, with input from a wide range of people, including service users, third parties, and HMPPS itself. We suspended drug testing between April and June because of the social distancing measures and the lockdown within prisons, but under our current national framework prisons can reintroduce testing. Where that is done, prisons must take account of social distancing and cohorting measures. At the moment, it is too early to evaluate the impact of the changes on the drug testing programme, but we will of course be looking at all those issues in due course.

Rob Butler Portrait Rob Butler
- Hansard - - - Excerpts

On the point about the impact of covid, will the Minister join me in paying tribute to all the staff in HMPPS—the officers, the staff in prisons, the governors and those at HMPPS head office—for their tremendous effort to minimise and mitigate the effect of covid on the prison estate during the pandemic?

Lucy Frazer Portrait Lucy Frazer
- Hansard - -

I absolutely join my hon. Friend in that. He makes an important point: at HMPPS, the governors, prison officers and all the staff in the service have done such a remarkable job through extremely challenging times. The statistics show that we were looking at a significant number of deaths—2,500 to 3,500 deaths—and in the first wave, the death count was in the mid-20s. Although all those deaths are, of course, very sad, that figure is a credit to the joined-up working at every level, including with the POA. Again, I put on the record my thanks to them for the constructive way that they have engaged; I know that they are tired and that it is difficult.

I am very pleased with this morning’s news about the vaccine, because we can see some light at the end of the tunnel of this very difficult period. While many people will be celebrating Christmas, many of our prison officers will still be on the wings doing their work. I pay tribute to them for all the work that they have already done and for the work that I know that they will do, unrelentingly, over the next three months. May I say that I do not find that my hon. Friend the Member for Aylesbury only does PMQs? He is a regular participant in all justice matters, and it is a pleasure to see him serving on the Committee.

I make one last point to the hon. Member for West Ham. She made some important points about who we will give the information to and how it will be used. Like her, I agree that once we collect information, we should use it to our best advantage. We will look very closely at her suggestion that the information be widely shared and see what we can do to share that data within prisons.

My understanding is that we do currently share some of the prevalence data with the POA for substances that have already been tested for. Of course, we need to ensure that we respect security and that we do the right thing in terms of policy making, but that is something that I am very happy to look at further. She also mentioned sharing data with the NHS. We will, of course, be sharing our insights with healthcare providers so that they can quicker adapt their services.

I am always happy to engage with the hon. Lady, as she knows, on these and any other matters, but I ask her to withdraw the new clause.

Lyn Brown Portrait Ms Brown
- Hansard - - - Excerpts

Having heard the Minister’s peroration, I will happily go away and think about what she has said. For now, I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

Bill, as amended, to be reported.

Prisons (Substance Testing) Bill

Lucy Frazer Excerpts
Wednesday 2nd December 2020

(4 years ago)

Public Bill Committees
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lyn Brown Portrait Ms Brown
- Hansard - - - Excerpts

I absolutely do. It is quite clear that once someone is on a treatment programme it needs to continue seamlessly, because we all want people, when they leave prison and go back into our communities, to be able to do so free from drugs and addiction, and to start a fresh life. My hon. Friend is right, and I am grateful to him for bringing that to our attention.

I gently suggest that the statistics, and Government policy more broadly, might be improved if we stop pretending that prisoners do not start taking drugs while in prison, rather than always going into prison with an addiction. That is the truth of it. The whole system at the moment seems to be geared to discovering who has a pre-existing dependence on drugs and ensuring that they are in treatment, which is good. Do not get me wrong, that is essential, but for drugs such as spice, which has been very common in prisons, it is not the whole story.

There is a third pathway to treatment that we need to ensure is available: a pathway for those people who did not have a drug problem when they entered prison but who, tragically and unacceptably, acquired one while inside. They are the people the system is failing most—the people for whom the boredom and difficulties of prison life are alleviated by short oblivion through illicit drugs obtained inside. I am genuinely hopeful that the Bill will enable treatment for those people. If it does, that will be a massive benefit to communities and families.

I will quickly explore one other issue. The transition between custody and community is often a revolving door, especially for those with drug abuse problems. It may be especially important for spice users. It is very evident that spice is disproportionately used by two populations: prisoners and rough sleepers. We know from last week’s Public Health England substance misuse statistics that in 2019 almost half of those entering treatment for misuse of an NPS had a housing problem—the highest proportion for any category of substances. I suspect that if we accounted for those who use spice but who are not in treatment as well as for those who are, the proportion with a housing problem would be even higher. It is incredibly difficult to hold down a job, maintain positive relationships and a family life, and to keep the mind and body healthy while living on the street. That contributes to higher levels of imprisonment among those who sleep rough.

Homelessness for prison leavers, and what the charity Nacro calls cell, street, repeat, is a priority for us, and I am led to believe that it will be a priority for the Government to reduce reoffending rates in coming years. However, we need to understand how these issues are connected; how many people come into prison with a history of rough sleeping and associated use of spice in a year; how many receive treatment for substance misuse while inside; how many are still accessing spice or other harmful substances while they are inside; how many of these people, when released, go straight back to rough sleeping; and how many are going straight back to spice use if they managed to get clean inside. I hope the Minister will offer to take this issue away and consider whether there is a need for further research, which the Ministry could commission, and how it might best be achieved.

The other important transition is when people leave prison. We need to ensure that leaving prison means starting a new, changed life. It is good for the whole of our community that prisoners, when released, do not come out and reoffend. It is also important for the prisoner that they get a true second chance. Substance misuse treatment is a massive part of ensuring that that can happen. We need to ensure that information about people’s needs travels with them as they leave prison and that treatment is immediate and consistent when they arrive in the community.

There is, unfortunately, little point in people getting clean or stable inside prison if they immediately relapse when they are out, without enough support, in the chaos and confusion of the outside world again. In fact, as we know, after release is the most dangerous time for those using illicit drugs, with appalling proportions of overdose deaths occurring in the first few days after leaving prison, just when we are wanting people to have a sense of hope and rebirth. A Norwegian study found that 85% of all deaths in prison leavers in the first week after release were due to overdoses. A US study found that the risk of an overdose death was 12.7 times higher for a prison leaver in the first two weeks after release from the general population.

Most of these deaths after leaving prison are the result of opiate use—heroin, or even more, drugs such as fentanyl—rather than an NPS. People in prison with an opiate dependence are generally on a regulated dose of a replacement drug as a medication, but when they come out, if they do not have immediate access to continue that treatment, they turn to the black market. At that point, much higher and less reliable doses are sold, which can quickly overwhelm the body, and people die. So getting transitions from custody to community right is a matter of life and death for some, and an essential part of treatment.

A few weeks ago, I met with some amazing NHS staff who work with armed services veterans in custody at HMP Wandsworth. I was delighted to hear that the staff in the substance misuse team leave the prison when those in their care are released, and go with them to their first appointment for community treatment. That is exactly the kind of integrated working that we need, but we all know that it is far from universal.

Can the Minister tell us more about what the Government are doing to improve treatment through the gate, following the recommendations in the report from the Advisory Council for the Misuse of Drugs on custody to community transitions last year? I fully appreciate that she is unlikely to have detailed answers to all my questions at her fingertips, but I think that we, as parliamentarians, could do with them to help to design and monitor effective policy on issues that mean enough to us that we are sat here this morning.

This is an excellent Bill, whose purpose we support, but if it is not accompanied by effective, well-resourced Government policy its benefits will be limited. I am fairly certain that the right hon. Member for Chesham and Amersham would not be impressed by that at all. I will say more when we come to the new clauses.

Lucy Frazer Portrait The Minister of State, Ministry of Justice (Lucy Frazer)
- Hansard - -

It is such a pleasure to serve under your chairmanship, Ms Ghani. I will not detain the Committee long on the main points, but I will respond to the points that the hon. Member for West Ham raised. I, like others, give my wholehearted support to my right hon. Friend the Member for Chesham and Amersham for introducing this very important Bill, and to my hon. Friend the Member for North West Durham for acting as its sponsor on her behalf. I commend the excellent work that my right hon. Friend has done in preparation for the Bill, notwithstanding that she has been unable to participate in these proceedings.

Having the privilege of being the Minister responsible for prisons, probation and rehabilitation, I am acutely aware of how necessary the Bill’s provisions are. As the hon. Member for West Ham said, drugs fuel crime both in and outside prison. Moreover, new drugs are constantly emerging on to the market in prison, and criminals are tweaking the chemical compounds of existing psychoactive substances to avoid detection. The Bill ensures that drug tests are responsive to the latest challenges in prisons and young offenders institutions.

The Bill will future-proof the drug-testing framework by adopting the broader definition of psychoactive substances, prescription-only medicines and pharmacy medicines, and it will enable our prisons to start testing more immediately for new drugs substances. More than that, it will enable us to identify new and emerging trends and therefore react quickly to changes in drug use by adjusting the relevant security measures to find specific drug types or the appropriate medical response during an emergency.

There is also the issue of identifying prisoners or young offenders with ongoing drug problems. The provisions in the Bill will enable Her Majesty’s inspectorate of prisons to have a better understanding of which individuals are misusing drugs and therefore to ensure that they get the appropriate treatment, as well as providing evidence of what is possible in terms of prevention.

We have a multifaceted approach to tackling drugs, and the Bill will enable us to continue to enhance our ability to tackle the scourge of drugs in prisons. I am grateful to my hon. Friend the Member for North West Durham for taking the Bill through the House, and to my right hon. Friend the Member for Chesham and Amersham for introducing it.

I will deal with a few of the points that the hon. Member for West Ham raised. She put forward a range of issues, and I will deal with the largest ones. She asked whether we were satisfied with the definition of psychoactive substances. I would like to assure her that we are content that the Psychoactive Substances Act provides HMPPS with a sufficiently broad definition to allow for testing of any new or existing psychoactive substances that may be used in prisons now or in the future. Of course, it is theoretically possible that a substance will fall outwith the definition in the future, so the Bill is drafted to future-proof drug testing in the case of any such eventually. However, that is not an eventuality that we anticipate at this time.

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Bambos Charalambous Portrait Bambos Charalambous
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The Minister mentioned having a multifaceted approach to substance abuse in prison. A couple of years ago her predecessor mentioned that there was going to be a £10 million investment in scanners and other equipment to detect drugs going into prison—that is the other side of the equation. Could she give us any updates as to what the Government are doing on that? I am sure that is something we would all be interested in hearing about, because we want to make sure that drugs do not get into prisons in the first place.

Lucy Frazer Portrait Lucy Frazer
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I am pleased that the hon. Gentleman has raised that point. As he repeated, we do have a multifaceted approach, including limiting the supply—the measures he identified are to do that—limiting demand and providing treatment. He is right that we did a pilot programme in 10 prisons, and as a result of that and other work, we have put forward a £100 million security package, which includes the airport scanners to detect drugs that have been ingested before being brought into prisons. We also have enhanced gate security for visitors and staff, we have mobile phone blockers and we have beefed up investment in the investigation of crimes, so that we can bring people to justice if do the things the hon. Member for West Ham talked about so passionately. We need to stop the crime of supply within our prisons.

The hon. Member for West Ham rightly focused on how we limit demand and actually treat people in our prisons. We have a number of initiatives on that. She will know about Holme House—our first drug recovery prison. It is a £9 million project jointly funded by the Ministry of Justice and the Department of Health and Social Care. I am pleased to say that that programme will be evaluated early next year; the early signs are good, but the formal evaluation will take place next year. We also have that on a small scale in a number of prisons. We have enhanced drug-free wings. The hon. Lady rightly says that we should not be punishing and that we should be encouraging, and these drug-free units encourage and incentivise people to live a drug-free life. That is something we are very committed to increasing.

Treatment is very important, as the hon. Member for West Ham mentioned, and we need to help people get on treatment programmes. She rightly said that 90% of people coming into prison, where they are on those programmes, do have access to treatments within three weeks. In fact, 53,193 adults accessed drug and alcohol treatment services within prisons and secure settings between 2018 and 2019. I am pleased to say that 27% of those who were discharged after completing their treatment were free of dependence. The programmes that we are putting in place, having detected people who have problems, are therefore working, and I am pleased to say that that figure is an increase from the 24% who were successfully free of drugs two years earlier.

The hon. Member is right to point out that people sometimes turn to drugs in prison, when they have no hope and not much else to do. That is why we are committed to ensuring that we increase purposeful activity that will get people jobs when they come out. As evidence of that, she will know about our £2.5 billion spending programme for prison builds. We are absolutely committed to providing spaces where people can do good work and have good education in prisons.

Of course, we need to help those who unfortunately become addicted in prison. I do not shy away from the fact that that happens, but the measures in the Bill and all the other measures that I have identified will help us do that.

The hon. Member rightly talked about rough sleepers, and the link between them and prison. Around 60% of rough sleepers have been in prison in the last year, so there is a clear correlation between offending and homelessness. I have spoken previously about the close work that my Department is doing with the Ministry of Housing, Communities and Local Government to ensure that we take people out of rough sleeping and into homes. That will have an impact on turning around the lives of those people who would otherwise come into our institutions.

In the spending review, the hon. Member will have seen the commitment to £237 million that the Prime Minister announced for accommodation for up to 6,000 rough sleepers. She will also have seen a further £144 million for associated support services and £262 million for substance misuse treatment services, which, when fully deployed, are expected to help more than 11,000 people a year. The Ministry of Housing, Communities and Local Government, through our joint work, is not only taking people off the street, but giving them the treatment they need for their addiction. That spending is a 60% increase on the 2019 SR.

The hon. Member talked about other transitions into the community and between prisons. She is right to identify those points. We are already doing a significant amount of work on transitions into the community. She mentioned the important work that is being done in Wandsworth. That is not one of our RECONNECT programmes, but she will know that we have a RECONNECT service that the NHS is rolling out across the country. That is doing exactly what she identifies: ensuring that those who leave prison engage with community health services and supporting them to make that transition easier. Having spoken to the NHS and the Department of Health and Social Care regularly, I know they are committed to rolling that out in the coming years, in full, everywhere and to every prison in the country.

I agree that there is more work to do on transferring between prisons. That relates to healthcare, NHS records and the work that we need do in prisons, but we are committed across the board to joining up the prisoner journey, not only in healthcare, but in other areas such as education.

The hon. Member mentioned naloxone. That point rightly comes up often, because it is important that, when we release prisoners who are addicted, there are no drastic consequences. Public Health England monitors the number of eligible prisoners who are given naloxone. Currently, 17% of those who have an opiate dependency get naloxone, which is up on previous years. I recognise that it could be more and I know that PHE is doing a piece of work at the moment to monitor performance in relation to take-home naloxone across all prison establishments and to identify best practice. I have spoken to them and they have an ambition that everybody will get it.

I hope I have addressed the hon. Member’s points. The Government are pleased to support the Bill that my right hon. Friend the Member for Chesham and Amersham promoted and that my hon. Friend the Member for North West Durham introduced today, and I commend it to the Committee.

Richard Holden Portrait Mr Holden
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I thank hon. Members who have taken part today, and I pay tribute to my hon. Friend the Member for Hitchin and Harpenden, who tried to introduce the measure in a previous Session as a ten-minute rule Bill. It did not quite reach Committee stage, but we are rocking on. I hope we can keep it going today. I thank the hon. Members for West Ham and for Enfield, Southgate.

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Surely, there must be lessons to be learned from whether access to harmful substances has or has not reduced, which should tell us something helpful about targeting efforts to shut down access to drugs in future. Likewise, we should be able to learn lessons about the connection between mandatory testing and treatment, and between testing and disciplinaries, from the extraordinary period we are in. I say gently that I do not think the Minister engaged with that point on Second Reading, so I am really hoping that today she is enthusiastically wanting to say more.
Lucy Frazer Portrait Lucy Frazer
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The hon. Member for West Ham has highlighted two matters in her amendment, both of which relate to reporting. I am very grateful for her having raised these very important matters, but I would like to reassure her that the amendment is not necessary, because sufficient procedures are already in place to measure and record what work will be done.

I would like to highlight, as the hon. Lady has, that making sure treatment is available is critical, and the first step is this one: identifying what substances are out there. The second step is identifying those people who we need to help, and the third is to give treatment. I hope that in the points I raised in response to her earlier speech, I have identified the considerable measures that we are taking to support people in their treatment, including the significant sums we are giving to rough sleepers—of course, there is an overlap there with prison leavers—and the RECONNECT service that the NHS links up with those treatments within prison and in the community.

I would like to go through the substance of the amendment. Through proposed new clause 1, the hon. Lady is seeking to expand the current scope of reporting by obligating an assessment of value for money after a year, so I will identify the structures that are already in place. As I said, the key objective is to ensure that people are identified, so that they can get treatments, and the effectiveness of that objective is continually reviewed as part of the national prison drugs strategy, which we published in April last year.

The Department also released an annual assessment, with accompanying statistics, as part of HMPPS’s annual digest. This provides a number of the items that the hon. Lady has enumerated in her amendment, including the number of tests conducted, the number of positive tests, and the number of psychoactive substances found. Furthermore, we believe that the contract for providing the drug testing service is effectively managed and reviewed by operational and commercial teams through regular formal contract meetings. To understand the capabilities of the various testing providers, HMPPS has undertaken extensive market engagement with potential suppliers, and it will do so again during future contract tendering processes.

In relation to the specific points the shadow Minister made about value for money, I can reassure her that the provisions in the Bill would contribute to value for money through drug testing in prisons and ensuring that complete information is routinely gathered relating to the misuse of substances in custody. This, as I said, will enable us to make the right operational responses, as well as ensure that we get the right interventions. I believe that there is scrutiny for drug testing in prisons, supported by existing processes, and we should not rush into legislating on this issue.

I would, of course, be happy to write to the hon. Lady when the annual digest is published—I believe the next one is due in July—to draw her attention to those matters, so that she gets that material as quickly and speedily as possible. Of course, I am always happy to engage with her when she has questions, so that we can resolve any issues that she feels have not been fully dealt with. I ask her to withdraw new clause 1.

10.30 am

In new clause 2, the hon. Lady is asking that the Advisory Council on the Misuse of Drugs make biannual reports to Parliament on substance testing in prisons—that is quite similar to new clause 1. As I have explained to the Committee, the effectiveness of drug testing is continuously reviewed and the contract in which it sits is already scrutinised.

Officials at the Advisory Council on the Misuse of Drugs have advised us that the council is not set up for the type of role proposed in the new clause, which appears to be about reporting on the operations and performance of the substance testing system. The council’s role is to provide independent science advice to the Government. That may involve, for example, synthesising advice based on evidence collected on misuse and societal harms. Its role is not to report on the objectives of specific drug testing programmes. I can reassure the shadow Minister, however, that the ACMD already has a role in making recommendations for action, but more broadly, under its role in the Misuse of Drugs Act 1971. The new clause would broaden those functions beyond their current scope.

I will address a few of the specific points that the hon. Lady made and I hope that I can alleviate some of her concerns. She identified and mentioned the significant investment that we are making in security—the £100 million investment to which I referred earlier when addressing the main clauses. In the course of that significant programme and of ensuring that we have funding from the Treasury for it, we have identified where we think, having done some work, the best value for money is. That is why we are pursuing those measures in the course of our programme.

The hon. Lady talked about the impact of covid on drug testing and the importance of lessons learned. I completely agree with her about the importance of looking at what we have learned in this period, and we are undertaking a broad study on that, with input from a wide range of people, including service users, third parties, and HMPPS itself. We suspended drug testing between April and June because of the social distancing measures and the lockdown within prisons, but under our current national framework prisons can reintroduce testing. Where that is done, prisons must take account of social distancing and cohorting measures. At the moment, it is too early to evaluate the impact of the changes on the drug testing programme, but we will of course be looking at all those issues in due course.

Rob Butler Portrait Rob Butler
- Hansard - - - Excerpts

On the point about the impact of covid, will the Minister join me in paying tribute to all the staff in HMPPS—the officers, the staff in prisons, the governors and those at HMPPS head office—for their tremendous effort to minimise and mitigate the effect of covid on the prison estate during the pandemic?

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Lucy Frazer Portrait Lucy Frazer
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I absolutely join my hon. Friend in that. He makes an important point: at HMPPS, the governors, prison officers and all the staff in the service have done such a remarkable job through extremely challenging times. The statistics show that we were looking at a significant number of deaths—2,500 to 3,500 deaths—and in the first wave, the death count was in the mid-20s. Although all those deaths are, of course, very sad, that figure is a credit to the joined-up working at every level, including with the POA. Again, I put on the record my thanks to them for the constructive way that they have engaged; I know that they are tired and that it is difficult.

I am very pleased with this morning’s news about the vaccine, because we can see some light at the end of the tunnel of this very difficult period. While many people will be celebrating Christmas, many of our prison officers will still be on the wings doing their work. I pay tribute to them for all the work that they have already done and for the work that I know that they will do, unrelentingly, over the next three months. May I say that I do not find that my hon. Friend the Member for Aylesbury only does PMQs? He is a regular participant in all justice matters, and it is a pleasure to see him serving on the Committee.

I make one last point to the hon. Member for West Ham. She made some important points about who we will give the information to and how it will be used. Like her, I agree that once we collect information, we should use it to our best advantage. We will look very closely at her suggestion that the information be widely shared and see what we can do to share that data within prisons.

My understanding is that we do currently share some of the prevalence data with the POA for substances that have already been tested for. Of course, we need to ensure that we respect security and that we do the right thing in terms of policy making, but that is something that I am very happy to look at further. She also mentioned sharing data with the NHS. We will, of course, be sharing our insights with healthcare providers so that they can quicker adapt their services.

I am always happy to engage with the hon. Lady, as she knows, on these and any other matters, but I ask her to withdraw the new clause.

Lyn Brown Portrait Ms Brown
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Having heard the Minister’s peroration, I will happily go away and think about what she has said. For now, I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

Bill, as amended, to be reported.

Parole Board: Maintaining Public Safety

Lucy Frazer Excerpts
Wednesday 25th November 2020

(4 years ago)

Westminster Hall
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Lucy Frazer Portrait The Minister of State, Ministry of Justice (Lucy Frazer)
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It is a pleasure to serve under your chairmanship, Ms Cummins, and I thank my hon. Friend the Member for South Leicestershire (Alberto Costa) for introducing this important debate.

I start by extending my sympathies to the families of Lynda Mann and Dawn Ashworth. I cannot begin to understand what they must have gone through over the years, with the victims being so young. My sympathies are with them at this time. My hon. Friend mentioned the impact on the wider community in Leicestershire and I am deeply aware of his interest in the case, the support he has given and continues to give to the victims’ families and his constituents more widely, and his personal efforts to bring the matter to the attention of the Ministry of Justice and to liaise with the Parole Board, meeting with its chief executive and providing a letter to be included in the parole dossier outlining his concerns so that those may be considered at the right time.

As my hon. Friend mentioned, the Parole Board fulfils a significant and fundamental role in protecting the public from harm. In providing a fair way to consider the release of those held in our prisons on indeterminate—and in some cases determinate—sentences, the expertise of Parole Board members is thoroughly to assess the risk and take effective decisions. That expertise is clear, with public protection absolutely at the heart of every case.

My hon. Friend was right to mention that there are only a limited number of cases in which the Parole Board allows a release and the offender goes on to reoffend. Serious further offences are rare. Less than 0.5% of offenders under statutory supervision are convicted of serious further offences, and I believe that this very low level shows that the Parole Board is reaching the right conclusions when it comes to release. None the less, each one is taken extremely seriously, and a review is carried out of all to identify any lessons for the better management of future cases.

As my hon. Friend pointed out, over the past two years, we have taken a number of steps to improve the effectiveness, and particularly the transparency, of the Parole Board system. We introduced two key changes. First, in 2018, we worked with the Parole Board to amend its rules to allow it to provide decision summaries. Previously, the rules prevented the Parole Board from revealing any details of the reasons for its decision. The provision of those summaries allows victims and the wider public to understand why the board has made a decision in a case. To date, around 4,000 decision summaries have been issued, mainly to victims.

Secondly, following last year’s case of John Worboys, whose release decision by the Parole Board was overturned by the High Court, we developed a reconsideration mechanism for decisions made. Where there is evidence that a decision is irrational, or procedurally unfair, the reconsideration mechanism allows the Secretary of State, or the prisoner, to apply for the decision to be looked at again. Victims may ask the Secretary of State to apply for reconsideration on their behalf, and since July 2019 the Government have submitted 23 applications for that, five of which followed victim requests.

Prior to that introduction, there was no way to challenge flawed decisions without resorting to costly and time-consuming litigation. Now, as set out in the 2015 victims code, victims have the right to make a victim personal statement to the Parole Board and the entitlement to apply to attend the hearing to read their statement. Last week, we published a revised code of practice for victims of crime, which reinforces those rights by stating that the Parole Board must agree to the statement being read at the hearing by the victim, or someone else on their behalf, and provide a summary of its decision on application, unless there is a good reason not to do so.

Those important steps have increased the transparency of the process and decisions made by the Parole Board, but we believe there is still more that can be done. We recognise that the Parole Board is responsible for considering the release of prisoners who have committed some of the most serious and violent offences, and who have sometimes caused unimaginable harm and distress to victims and their families. It is entirely understandable, therefore, that members of the public, particularly victims, might struggle to comprehend how prisoners can ever be assessed to be safe to release.

I believe that for victims’ families really to understand the decisions, it is important for them to be more involved in the process. However hard it may be to accept, the board’s difficult role is not to decide whether the offender should continue to be punished for the crimes that they have committed; its decision is about the current risk and whether the offender would pose a danger to the public if they were released. Greater openness and transparency will enable us to increase that understanding, and that will build trust and confidence in the system.

Conor McGinn Portrait Conor McGinn
- Hansard - - - Excerpts

I believe firmly and passionately in the rehabilitative nature of our penal system, and that rehabilitation is a cornerstone of the system. The Minister has outlined that the threat to the public, or the compromising of public safety, is the first and foremost consideration. Does she accept that for a lot of victims’ families, there are issues around truth and justice, and that in cases where families do not feel as though they have had that, it is an affront to them and to common decency, and it only exacerbates their pain, to see people who were committed for the most heinous crimes being released without showing a shred of remorse?

Lucy Frazer Portrait Lucy Frazer
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I completely understand that point, and I cannot imagine how it must feel to be in that situation—if someone had taken away a loved one, or done serious damage to me as the victim of a serious crime, such as rape. The justice system requires the person who committed that crime to go before a court and a sentence to be pronounced, and that is the sentence the person serves when they go to prison. The Parole Board must determine whether that person, having served their sentence—having done their time—is safe to be released.

Of course, the point that my hon. Friend the Member for South Leicestershire raised then comes come into consideration: is that person safe to be released, or are they manipulating the process? Are they telling the truth? Are they really committed to going forth and not committing further crime? That is when truth and deception come into play.

We are very aware of the importance of victims having their say, so that they have a right to be heard and feel that they have participated in the process. That is why we announced on 20 October—just over a month ago—the launch of the root-and-branch review of the parole system. That will build on the reforms that I have talked about today, and it will look at whether more fundamental reform of the system is required. One of the key things that we will consider in that review is whether we can increase openness and transparency to continue to improve public understanding, so that there is more confidence in the system.

We are running a consultation on whether parole hearings should be open to the public in some limited circumstances. The Parole Board is required to hold hearings in private, so public hearings would be a really significant step towards improving openness and transparency. We recognise that although there would be benefits in that, there are complexities and challenges around protecting the privacy and the safety of all involved—that would include victims—and ensuring that witnesses provided the candid evidence that the board would need to make effective decisions. That is why we are consulting on the process to ensure that any changes are made safely and responsibly. The parole process is extremely difficult for victims and their families, and we are determined to do as much as we can to give them the support and information that they need.

I will pick up further on the point that my hon. Friend the Member for South Leicestershire made about sentences, and whether it is appropriate to release someone who has committed a crime such as the crimes committed by Colin Pitchfork, or other horrific crimes, where people are not rehabilitated. If Colin Pitchfork were to be sentenced now, he would likely receive a whole-life order, because under provisions introduced by the Criminal Justice Act 2003, the murder of a child that has a sexual or sadistic motivation attracts a whole-life order as its starting point. The Government recognise the particularly abhorrent nature of cases where a child has been murdered, as set out in the sentencing White Paper, and we intend to go further by making a whole-life order the starting point for any premeditated murder of a child.

My hon. Friend the Member for Sevenoaks (Laura Trott) made an important point about the significant effect of rape on victims and what a dreadful crime that is. She will know that if a judge determines that an offender is dangerous, it is possible to hand down an extended determinate sentence. She will also know about the changes that we are proposing in relation to people who are sentenced for more than seven years—they will have their sentences increased, because we are recommending that they serve two thirds of their sentence, rather than half. However, I appreciate the important points that she made on the question whether such offenders should go before the Parole Board.

The hon. Member for York Central (Rachael Maskell) made a point about resources. I hope she spotted that in today’s spending review, our Department’s finances went up by 8%. The Government are committed to ensuring that the justice system has the necessary resources to ensure that we can deliver justice. She will know that demand in relation to the Parole Board has increased significantly and dramatically over the years, with 30 times more cases—that is 8,000 more—being heard each year compared with 20 years ago.

The increase in demand has led to the need regularly to review systems and processes, but also to invest in increased provision. In 2017-18, we injected additional funding to enable the recruitment of over 100 new Parole Board members, so that more hearings could be held. I pay tribute to the Parole Board for managing not only to ensure that it keeps up with the rate of determination during this covid crisis, but to increase the number of matters that it has managed to determine in this difficult and challenging period.

The system is effective at protecting the public from dangerous criminals—it is a thorough and sophisticated process for carefully assessing an offender’s risk—but I want to look at whether it is the most effective model to deliver the parole function over the longer term. The root-and-branch review, which I mentioned, will look at whether we can go further to deliver justice. Together with the Parole Board, we have already made great strides to improve the effectiveness and transparency of the parole system. I am pleased that, through the root-and-branch review, we are now able to take the next steps to ensure that the future delivery of this critical public protection function is the best it can be, with fairness and public safety at the forefront of its focus.

Question put and agreed to.

Judith Cummins Portrait Judith Cummins (in the Chair)
- Hansard - - - Excerpts

To allow for the safe exit of Members participating in this debate, and for the safe entry of Members arriving to take part in the next, I am suspending the sitting for two minutes.

HMP Frankland: Covid-19

Lucy Frazer Excerpts
Tuesday 24th November 2020

(4 years ago)

Commons Chamber
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Lucy Frazer Portrait The Minister of State, Ministry of Justice (Lucy Frazer)
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I thank the hon. Member for City of Durham (Mary Kelly Foy) for securing this important debate this evening. As she started her remarks, she said that staff have done so much on the frontline in our prisons across the country. I start by paying tribute to that work and recognising the important work that they have done in our prisons, together with PHE and the NHS. They are all working in extremely challenging circumstances.

I will start by explaining the general approach that we are taking in prisons to manage covid and then address the specific situation in Frankland against that background. I do that because it is important to understand the context before considering the particular measures taken in a particular prison.

From the outset of the pandemic, the safety of our staff and those in our care has been paramount. We have at all times been conscious of the potential for the virus to spread quickly in prisons, which are closed environments, which could lead to significant deaths. Indeed, in March, at the beginning of the outbreak, PHE advised us that we could expect 2,500 to 3,500 deaths in our prisons if we took no action.

When the first wave hit, we took decisive action early and changed how we delivered our services. We implemented significant restrictions in prisons to support social distancing, reduce physical contact between staff and prisoners and minimise movement between prisons. We stopped social visits and transfers.

To protect the most vulnerable, we quickly implemented our compartmentalisation strategy, which quarantines new arrivals, isolates the sick and shields the vulnerable. We brought in mitigations to cover staff absences and provided extra support to prisoners facing restricted regimes as well as those being released from custody during this challenging time.

We also recognised that the lockdown had an effect on the mental health of those in our care who were subject to the restricted regimes. We thought about ways in which we could continue to allow them to have contact with their family. We rapidly deployed video calling into 50 prisons within weeks. That helped maintain family contact for prisoners when face-to-face visits were not possible.

That robust response by Her Majesty’s Prison and Probation Service, working extremely closely with PHE, meant that we limited the number of deaths in custody. Sadly, 24 prisoners died of covid-related causes during the first wave. Although that is considerably less than the thousands of deaths that PHE initially modelled back in March, it does not detract from the loss experienced by the families of those individuals who passed away. I offer my sincere condolences to their loved ones.

In the 12 months to September 2020, 176 prisoners died of natural causes, including covid. That is only six more than in the previous 12 months. Each life lost is a tragedy and that is why we are doing everything to manage potential outbreaks of the virus across the prison estate in the second wave. However, we must also recognise that, given the length of time since the virus began, we now need to allow prisoners more flexibility in their regimes.

We recognise that the burden of covid-19 goes beyond the risk of infection. We are alive to the risk that anxieties about covid-19 and the regime restrictions required for infection control may exacerbate prisoners’ mental health needs. We take that extremely seriously.

We are now thankfully better prepared than we were in March to respond to the challenge and therefore some flexibility in regime is now possible. We are continuing with all the measures we put in place in March, but in addition, we have more effective measures from wave one. For example, we now have greater capacity to test prisoners and staff for the virus. We are implementing the weekly testing of staff and that of prisoners on reception and transfer. That is an essential tool to help identify outbreaks early, reduce transmission and bring outbreaks under control as swiftly as possible.

Our aim is to balance the risk of infection while managing prisoners’ wellbeing. To do that, we need to run the fullest regimes possible consistent with infection control. That is why we have given our governors the flexibility to react to the local situation, acting on PHE advice. We published our national framework in June. That sets out how we will take decisions about restrictions in prisons. It allows prisons to move between different stages of regime delivery according to their local circumstances.

We eased restrictions in prisons over the summer, but we knew that in some cases we would need to reimpose them temporarily as the risk changed or as part of our response to outbreaks. Although our interventions reduced the likelihood and impact of covid-19 spreading in custody, we realise that we cannot reduce that risk to zero. Prisons cannot and should not be cut off from the community. If the number of cases in the community rises, the likelihood of an outbreak in the local prison will also inevitably rise. We are therefore ready to intervene quickly in response to suspected or confirmed cases among staff and prisoners, and to provide further support. Our success in closing outbreaks in prisons in both the first wave and the second wave shows that our approach is effective.

Having outlined our national response, I would like to turn to the situation at HMP Frankland. I very much welcome the conversation I had with the hon. Member for City of Durham earlier today to understand the concerns that she raised. I have also had an opportunity to speak to the governor at Frankland. I thank him and his staff, and all those working in prisons, for all their efforts in this challenging period.

On 13 October, an outbreak was declared at the prison after members of staff developed symptoms and tested positive for covid-19. As the hon. Member mentioned, Her Majesty’s Prison and Probation Service, PHE and the NHS took immediate action and a multi-agency outbreak control team was stood up to manage the response. In response to that, affected areas of the prison were quarantined, contact within the prison was reduced to a minimum and social visits were suspended. Cleaning practices across the prison were enhanced and all staff and prisoners are now wearing face coverings.

A mobile testing unit was deployed to the site and contact tracing carried out to identify close contacts needing to isolate. That mobile testing has now been replaced by regular on-site testing within the prison itself. Staff are being deployed in groups to assigned wings of the prison to minimise the chance of cross-infection. Prisoners are grouped in bubbles for access to essential services such as showers, phones and medication.

As I set out earlier, we have planned for outbreaks such as the one in Frankland. Although prisons are, by their nature, complex and high-risk settings for covid, I have every confidence in the range of measures that we have in place to contain outbreaks. The governor of the prison has told me that the measures he is taking are having an impact, but of course we will continue to monitor the situation closely.

I would like to respond to some of the particular concerns that the hon. Member raised. She mentioned that the regime should go to level 5. Frankland is currently operating at the most restrictive measure within the framework that is reasonable in the circumstances. We cannot take away basic dignity—basic decency—for the men. It would be difficult to take away a shower and some time in the open air. Indeed, as the governor said to me earlier today, if we did so, we would not only put the mental health of the men at risk, but we would heighten tension in the prison and put our staff at risk.

The hon. Member suggested that the POA and PHE support a different regime. I understand that PHE and the governor have agreed on a regime that both minimises the risk of infection and is operationally deliverable, and that continues to protect staff and prisoners from mental ill effects in the manner that I previously described.

I, too, would like to thank the POA for its constructive approach. At national level, throughout this crisis, HMPPS has worked very closely with the POA, and I thank it for all its constructive work in this period. As the hon. Member mentioned, there has been a meeting locally at HMP Frankland every morning with the POA to discuss management of the prison, and relations with the POA locally are good. I understand from the governor that the local POA did not raise any concerns about the management of covid at the prison.

The hon. Member raised the issue of staffing. She is absolutely right to highlight that there are staff absences at the prison. I have been reassured that the staff complement is sufficient, given the restrictive regime. As a high security prison, the staffing is higher than at other prisons. Of course, with a restricted regime it is also possible to operate with a lower number of staff. We keep all those measures under consideration, and have contingency measures in place across the country to ensure that additional staff and support can be provided where we have low staff complement.

The right hon. Member for North Durham (Mr Jones) mentioned the Prison Service’s approach to those who are shielding or who might have other issues. If there are any particular instances, I would be happy to take them up; it is very important that we look after our staff across the estate. There was also a question about in-cell telephony. We have installed that over the last 18 months in 48,000 cells. Frankland is on the programme, with the aim to roll out for 2021-22, subject to funding.

We will continue to act based on public health advice to protect our staff, prisoners and the NHS over the winter.

Question put and agreed to.

Oral Answers to Questions

Lucy Frazer Excerpts
Tuesday 3rd November 2020

(4 years, 1 month ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Sarah Champion Portrait Sarah Champion (Rotherham) (Lab)
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What risk assessments are conducted prior to the transfer of people convicted of sexual offences to open prisons.

Lucy Frazer Portrait The Minister of State, Ministry of Justice (Lucy Frazer)
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Access to open prison conditions is not a right, and there is no automatic progression. It is based on a detailed risk assessment. To be considered for open conditions, an individual must generally have served two to three years and have that time left to serve to the earliest release. In addition, a thorough risk assessment must be completed, considering the likelihood of the individual absconding and the risks to the public, as well as whether they are overall suited to the open estate.

Sarah Champion Portrait Sarah Champion [V]
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I ask this question on behalf of my constituent, who I will call Elizabeth. For a decade, she was subjected to brutal abuse by a grooming gang in Rotherham. Because of her tenacity, she managed to secure convictions, including one for an individual for nine years for two counts of child rape against her. After two and a half years, she discovered that he had been downgraded to an open prison. Neither Elizabeth nor the police were consulted about this or notified as part of a risk-assessment process, so one wonders whether it is just prison conduct that contributes to risk assessments. More concerningly, he is potentially up for weekend release, although that is not going to happen because of covid. In Elizabeth’s own words, how effective does the Minister think the release on temporary leave system is? I would appreciate a direct answer.

Lucy Frazer Portrait Lucy Frazer
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I am very grateful to the hon. Lady for raising this important and tragic case. She has written to me about it, and I hope that she has had the content of my letter back. I know that the service has already apologised to her constituent, and I apologise on its behalf, for not contacting her before the referral to open conditions. The victim liaison officer has made the offender manager aware of conditions that should be imposed on any release on temporary licence and so those will be taken into account should there be any ROTL granted. I am happy to continue to discuss this case with the hon. Lady at any opportune moment.

Rosie Cooper Portrait Rosie Cooper (West Lancashire) (Lab)
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What lessons his Department has learned from the (a) implementation and (b) effect of the covid-19 lockdown in prisons.

Lucy Frazer Portrait The Minister of State, Ministry of Justice (Lucy Frazer)
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In March, we faced 2,500 to 3,500 deaths in our prisons, according to Public Health England’s worst-case scenario, and we took decisive action to implement national restrictions to protect our staff, prisoners and the NHS. As the pandemic continues, and in line with the overall Government position, we have now developed a more localised approach, which allows governors to operate regimes that are proportionate to the risk in their local area. Throughout the pandemic, we have continued to recognise the importance of prisoners’ wellbeing and mental health, and we have responded accordingly. We will be thinking again in line with the new national restrictions that will be imposed on Thursday.

Rosie Cooper Portrait Rosie Cooper [V]
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Given the likelihood that prisoners will continue to suffer extreme restrictions, resulting in possible damage to mental health, for the whole of this winter and beyond, will the Minister guarantee that additional phone credit for prisoners and free access to video calls for families will continue for the duration of the pandemic?

Lucy Frazer Portrait Lucy Frazer
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I am grateful to the hon. Lady for highlighting the measures we put in place during the last wave; as I said, we are very conscious of the impact on reduced liberties in prison. We did make available 1,200 handsets and £5 extra phone credit, and, as she mentioned, we rolled out video calling. Of course, we will continue to consider whether those are appropriate in the next phase of this pandemic.

Lyn Brown Portrait Ms Lyn Brown (West Ham) (Lab) [V]
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Between today and Christmas, thousands of people will be released from prison, many of whom will have spent the past six months locked in cells for 23 hours a day, with education impossible, rehabilitation disrupted and mental health problems rising. They will be released with no job, money or second chance and an increased risk of reoffending. So, Minister, when will we have an action plan, learning the lessons from past months and providing prisoners with support, which, in turn, keeps our communities safer?

Lucy Frazer Portrait Lucy Frazer
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I am grateful for the hon. Lady’s question, but I would like to challenge her position, because we already have an action plan. We have had the roll-out of a national framework to position 3—many prisons are already operating that. It rolls out the lifting of a number of restrictions, so that we have increased social visits across the estate, as well as offender management and a number of other measures. We are, of course, now reassessing the position and we will be having an action plan, following the imposition of further national restrictions on Thursday.

Henry Smith Portrait Henry Smith (Crawley) (Con)
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What steps he is taking to improve the capability of prisons to test for the use of illicit substances among prisoners.

Lucy Frazer Portrait The Minister of State, Ministry of Justice (Lucy Frazer)
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My hon. Friend is right to highlight the impact of drugs in our prisons, because there is a link between drugs and violence and assaults. That is why we in Government are supporting the Prisons (Substance Testing) Bill, promoted by my right hon. Friend the Member for Chesham and Amersham (Dame Cheryl Gillan). The Bill had its Second Reading last month and will ensure that we can extend the range of substances that can be tested automatically, so that we can respond quicker to new formulations of psychoactive substances.

Henry Smith Portrait Henry Smith [V]
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I am grateful for that answer. What support can be provided for prisoners to ensure that they can recover permanently from drugs misuse?

Lucy Frazer Portrait Lucy Frazer
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We are taking a number of approaches, of which I shall name just one: the rolling out of the NHS Reconnect service, which ensures that those having treatment in prisons can continue that treatment when they go into the community on release. The service includes assistance in making referrals and also provides peer mentoring services. It will ensure that, as my hon. Friend said, offenders permanently stay off drugs on their release.

Bambos Charalambous Portrait Bambos Charalambous (Enfield, Southgate) (Lab)
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What steps he is taking to help ensure access to justice.

--- Later in debate ---
Ellie Reeves Portrait Ellie Reeves (Lewisham West and Penge) (Lab)
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What progress he has made on the implementation of the female offender strategy.

Lucy Frazer Portrait The Minister of State, Ministry of Justice (Lucy Frazer)
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The female offenders strategy launched two years ago recognises a different approach to female offenders, and we are making good progress. We initially invested £5.1 million in funding to 30 women’s services across England and Wales, and we are currently in the process of allocating a further £2.5 million for this year to improve women’s centres’ financial viability.

Ellie Reeves Portrait Ellie Reeves [V]
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There are over 2,200 more women in prison compared with 25 years ago, and 82% have been sentenced for non-violent offences. A second lockdown will hit them hard, so can the Minister confirm what steps are being taken to give women in prison virtual access to their children? How many pregnant women are currently in custody? How many women have been released as part of the early release scheme?

Lucy Frazer Portrait Lucy Frazer
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We are very conscious of the impact of lockdown on our female estate, and we will be looking very carefully, as we look at the new framework for the new provisions on Thursday, at how we can in particular protect women in the female estate, recognising the significant mental health issues they face. We are very conscious of the need to ensure family contact, and all our female estate have access to virtual calls. The hon. Member is aware, I hope, of our recent mother and baby unit review in relation to operations to look after pregnant women and women with young children on the estate. That is currently in a consultation phase. We have set out a number of measures, including personalised access and plans to help those across our female estate who are pregnant or who have dependants.

Geraint Davies Portrait Geraint Davies (Swansea West) (Lab/Co-op)
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If he will make a statement on his departmental responsibilities.

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Gordon Henderson Portrait Gordon Henderson (Sittingbourne and Sheppey) (Con)
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Will my hon. and learned Friend explain what she is doing to ensure that prison staff have access to swift testing, to avoid unnecessary periods of self-isolation? Has consideration been given to making mandatory the wearing of face masks by prison officers when on duty?

Lucy Frazer Portrait The Minister of State, Ministry of Justice (Lucy Frazer)
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I would like to thank all the staff who have been working so hard at this particularly challenging time. We have started to routinely test staff, and we are providing personal protective equipment, including medical-grade face masks.

Florence Eshalomi Portrait Florence Eshalomi  (Vauxhall) (Lab/Co-op)
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Access to justice is under threat. In my constituency, we have just lost one of our most established independent legal advice centres. As Members will know, access to that service is vital; we see it in our casework. It is important for citizens to have access to free legal advice. The sector has faced so many cuts over the years, and since lockdown, demand has grown—demand from people facing debt and people facing employment issues. If these centres are to close, it will cause unimaginable stress. Can the Secretary of State outline what steps he is taking to ensure that these vital services are available for citizens?

Wera Hobhouse Portrait Wera Hobhouse (Bath) (LD)
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The female offender strategy rightly recommends women’s centres over custodial sentences, but the funding committed as part of the strategy ran out in March. The Minister earlier actually referred to more funding for women’s services, but I am talking about women’s centres, and I have been unsuccessfully trying to set up one in Bath. Will the Government commit to providing a significant amount of core funding for women’s centres?

Lucy Frazer Portrait Lucy Frazer
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If I could correct the hon. Lady, the £2.5 million that we have committed this year for the female offender strategy will be going directly to women’s centres where they bid for it. I am very happy to talk to her about her particular centre, but the £2.5 million is specifically to help sustain the women’s centres to continue to support our female offenders.

Sheryll Murray Portrait Mrs Sheryll Murray (South East Cornwall) (Con)
- Hansard - - - Excerpts

What steps is my right hon. and learned Friend taking to ensure that all victims, but in particular those subject to crimes such as sexual-related offences or modern slavery, are being properly supported and that their rights are being properly protected during this time?

--- Later in debate ---
Anthony Mangnall Portrait Anthony  Mangnall  (Totnes)  (Con)
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    My constituency of Totnes in south Devon is home to LandWorks, a fantastic charity that helps those at risk of going to prison or prisoners into jobs and back into the community. With so many prisoners released every month who are unable to access universal credit and housing, will the Minister meet me to discuss how we can improve access to those mechanisms, as well as visiting LandWorks?

Lucy Frazer Portrait Lucy Frazer
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I would be very happy to visit when we are allowed to do so, and certainly before then to discuss the issues in my hon. Friend’s constituency, and I pay tribute to the work of LandWorks in his area. The issue of universal credit is fundamental, as is getting people into homes, and I work very closely with my counterpart at the Department for Work and Pensions and the Secretary of State at the Department, along with the Lord Chancellor, to ensure that prison leavers can access universal credit in a timely way on their release, and we are doing other work in relation to their getting a job and a home.

Lucy Allan Portrait Lucy Allan (Telford) (Con)
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As we enter another lockdown with severe restrictions on prisoners, will the Minister consider the impact of the very serious other harms that the minimising covid restrictions risk causing to prisoners, prison officers and their families?

Lucy Frazer Portrait Lucy Frazer
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My hon. Friend makes an extremely important point. We are very conscious of the impact that the very restrictive conditions we have imposed will have on those in our custody and care. Since restrictions were lifted over the summer, prison staff across the country have worked very hard to open up the estate. Since the end of the previous lockdown we have reintroduced visits in every prison, and 119 of our prisons are operating at stage 3 of the national framework; this reintroduced key work, education and offender management activities where it was appropriate to do so. As we enter a new phase, we are thinking very carefully about the balance between security and resistance to the virus and the mental health needs of our prisoners.

Lindsay Hoyle Portrait Mr Speaker
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In order to allow the safe exit of hon. Members participating in this item of business and the safe arrival of those participating in the next, I suspend the House for three minutes.

Parole Reform

Lucy Frazer Excerpts
Tuesday 20th October 2020

(4 years, 1 month ago)

Written Statements
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Lucy Frazer Portrait The Minister of State, Ministry of Justice (Lucy Frazer)
- Hansard - -

Protecting the public from harm is the first duty of any Government. The parole system is one of the key mechanisms for keeping the public safe by ensuring that dangerous criminals are not released when they still pose a danger to the public. As such, it is essential that this system is as robust, effective and transparent as possible. The Government are determined to address fully the transparency and confidence issues highlighted by the John Worboys case, and also to make proactive improvements to the way that the end-to-end parole system works. We want to ensure that the public are not only properly protected by a robust and effective system for assessing the risks presented by the most serious offenders, but also that they understand and have confidence in that process and the decisions taken.

Over the last two years, we have worked hard to improve the public understanding and confidence in the Parole Board. Today, I am pleased to launch a root-and-branch review of the parole system, as committed to in our manifesto. Moving beyond looking solely at the Parole Board itself, this review will ensure that the entire system delivers in the most effective way possible its primary function of keeping the public safe by releasing offenders only when it is safe to do so.

This root-and-branch review will be concluded by summer 2021, by which point a final report will be published summarising the findings and next steps. Terms of reference have today been published online, explaining that it will consider:

the effectiveness of the reforms we have implemented since 2018;

whether the Parole Board for England and Wales, as currently constituted, remains the most effective model for making independent judicial decisions about the continued detention of prisoners;

how best to improve the public’s understanding and confidence in the parole system;

and measures to further improve the openness and transparency of the parole process.

In support of this, I am today launching a public consultation—the first step in our review—that will explore options for increasing the transparency of the parole system. The consultation seeks views on the possibility of allowing victims to observe parole hearings and on whether the media and wider public should also be given greater access to hearings where it is appropriate to do so. The consultation will be open until 1 December 2020, and I anticipate publishing our response before the end of the year.

The root-and-branch review will build upon the programme of reform, already delivered last year, which amended the Parole Board rules to increase transparency, and to improve the way victims are engaged with. For example, we now have a system where victims and others are provided with summaries explaining the reasons for the Parole Board’s decisions, and a new reconsideration mechanism which allows applications to be made for decisions to be looked at again if they are thought to be legally flawed.

Concurrently, the tailored review of the Parole Board has been under way, the outcome of which is also being published today. The tailored review was undertaken in accordance with the Cabinet Office requirement that all public bodies are reviewed at least once each Parliament. This review focused predominantly on operational changes within the current legislative framework, making recommendations to further improve collaboration within the parole system to ensure that cases progress in a timely manner, and highlighted existing legal powers that the Parole Board can use to compel the production of evidence and the attendance of witnesses. I commend the recommendations to the board, which have the potential once implemented to bring real improvements to the parole system.

Together with the significant reforms we set out in the sentencing White Paper on 16 September, I am confident that the measures outlined above and the wider examination of the parole system we are now launching, will continue to keep the public safe, as well as ensure that the most serious offenders spend time in prison that properly reflects the gravity of their crimes.

[HCWS527]