Oral Answers to Questions
Wendy Morton Excerpts(5 years, 2 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Andrew Griffiths (Burton) (Con)
The Parliamentary Under-Secretary of State for Justice (Wendy Morton)
The Government are prioritising support for victims through the criminal justice system and beyond, and we are committed to tackling poor criminal justice outcomes for them. Just last month, my right hon. and learned Friend the Lord Chancellor and I took part in a roundtable at Downing Street to discuss support for victims of rape. Victims and stakeholders highlighted the importance of support in their engagement with the criminal justice system.
Andrew Griffiths
The Minister will be aware that the recent consultation on the code of practice for victims of crime has recently closed, and she will be considering representations. Will she look closely at the greater use of criminal compensation orders for the victims of child sexual abuse? They are used in a woefully small number of cases, so vulnerable people have to re-live the trauma either through a private prosecution or through the criminal injuries compensation scheme.
Wendy Morton
Compensation orders are an important power. The purpose of the order is to pay the victim compensation for any personal injury, loss or damage caused by an offence, and they allow courts to ensure that offenders make financial reparations to victims where possible. As part of our review of the victims code, we will be considering the recommendation on raising awareness of criminal compensation orders made by the Independent Inquiry into Child Sexual Abuse.
Several hon. Members rose—
Gloria De Piero (Ashfield) (Lab)
Support for victims is not good enough, so can I appeal to the Government to change the law to remove the automatic entitlement of joint assets from those who have attempted to murder their partners? The case I am working on sees the perpetrator demand £90,000 from the woman he attempted to kill, or, as she puts it, a £3,000 reward for every stab wound.
Wendy Morton
I am grateful to the hon. Lady for her question. I suggest that we perhaps meet after this session, when she can outline a little more about her case.
Bill Wiggin (North Herefordshire) (Con)
Justin Madders (Ellesmere Port and Neston) (Lab)
The Parliamentary Under-Secretary of State for Justice (Wendy Morton)
I fully understand where the hon. Gentleman is coming from. It is fundamental to our legal and justice system that everyone has the right to a fair trial. None the less, it is important that we give our utmost support for bereaved families. I am determined to do all that I can to ensure that bereaved families are at the heart of the coronial process, and we are working across the Government to achieve this.
Stephen McPartland (Stevenage) (Con)
To reduce reoffending we need to improve ex-offenders’ employment prospects. What incentives can the Minister offer employers to take on people who have recently left prison?
Ms Karen Buck (Westminster North) (Lab)
Wendy Morton
As the hon. Lady will know, criminal defence lawyers play a crucial role in upholding the rule of law, and the Government greatly value their work. We have the legal aid support action plan, which we are working through, and I am keen to do all I can as legal aid Minister in this regard.
Several hon. Members rose—
Preet Kaur Gill (Birmingham, Edgbaston) (Lab/Co-op)
Wendy Morton
Access to legal aid is an important part of our justice system. In the past year, £1.6 billion was paid in legal advice. The Government remain committed to giving people access to legal aid when they need it.
Several hon. Members rose—
Prison Officers: Pension Age
Wendy Morton Excerpts(5 years, 2 months ago)
Westminster HallRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Parliamentary Under-Secretary of State for Justice (Wendy Morton)
It is an honour to serve under your chairmanship, Mr Hanson. I understand that your chairing the debate is quite fitting, given that you still have a special interest in prisons and all things justice-related.
I start by thanking my hon. Friend the Member for Sittingbourne and Sheppey (Gordon Henderson)—the beautiful Isle of Sheppey, as he referred to it—for securing the debate on this important subject. He clearly demonstrated an ongoing commitment to raising awareness of the issues around the three prisons in his constituency, the prison officers and their families. I thank other hon. Members for their contributions. In the time I have, I will endeavour to answer as many as possible of the questions that were put to me.
Let me begin by providing a little of the history of prison officer pensions, for those who may not be aware of the retirement ages for prison officers and how they have changed since 2007. Pensions are, by their very nature, complex, but I will try to be brief. Prison officers are members of the civil service pension scheme, the policy and rules of which are owned by the Cabinet Office. Prior to 2007, the retirement age for those covered by that scheme was 60. Following an annual review by the Government Actuary’s Department, a new career average pension was brought in, with a pension age of 65 for new entrants from July 2007.
The demands of the prison officer role were considered at that time, and it was decided that when compared with other civil servants in the scheme who had demanding roles, such as seamen on Royal Fleet Auxiliary ships, a special exception could not be made. The Prison Officers Association signed up to the 2007 scheme, which introduced a pension age of 65. In 2015, a new scheme was introduced that regularised the position for most staff and changed the pension age to 65, or to a staff member’s state pension age, which for many is 68.
It is important to be clear that the Government are alive to the issue and the views of staff and trade unions on retirement age. Efforts have been made twice—in 2013 and again in 2017—to provide a route to lowering the retirement age. The 2013 package offered prison officers the ability to purchase a lower pension age of 65 through the payment of heavily subsidised additional contributions into the scheme, with the additional option to pay further contributions to purchase a pension age of 60. A similar offer was made to prison officers in 2017, but there was no cost to the individual member of staff to purchase a lower pension age of 65. Both offers were rejected by the POA membership.
A comparison has been made today with firefighter and police pensions. Staff in those schemes have a retirement age of 60. Although it is true that work in those roles has some similarities to the work of prison officers, as was raised by my hon. Friend the Member for Sittingbourne and Sheppey, because of the higher physical demands consistently placed on firefighters and the higher potential for serious injury and fatality in both roles, the Government felt that the role of a prison officer was not analogous to those in the emergency services.
Putting that assessment to one side, it is crucial to understand that that lower retirement age is supported by pension contributions by staff of up to 14%—almost 10% higher than the average 5.45% contribution rate in the civil service. It is not, therefore, a like-for-like comparison. Should a change in retirement age be contemplated again in the future, it would involve a significant increase to the staff contribution to the scheme.
Wendy Morton
I am going to make some progress. I am really trying to get through these points in the time that I have.
The role of prison officer is a diverse, interesting and critical one, parts of which can be physically demanding. All prison officers who joined the service after April 2001 must pass an annual fitness test in order to remain prison officers. We do not discriminate on the basis of someone’s age; many factors determine a person’s ability to pass a fitness test. Staff who do not meet the annual fitness test standard are provided with advice and support by a fitness assessor on achieving and maintaining the required fitness level.
The Prison Service recruits staff to work up to the normal pension age of 65, and it has employed new prison officers in their 60s who have passed the fitness test and are performing their roles effectively. In addition, many staff who have the right to retire at 60 choose to work beyond their retirement age. It is therefore not true to say that it is inappropriate or unsafe for prison officers to work over a certain age.
My hon. Friend the Member for Sittingbourne and Sheppey is right when he says that we must recognise the commitment, bravery and hard work of our prison officers.
Wendy Morton
Let me see if I can make some more progress, and then, if time allows, I will give way.
The Prison Service and Ministry of Justice already recognise and reward excellent staff work through a range of awards and honours, such as the Prison Service long service and good conduct medal, the prison officer of the year award and the Butler Trust awards. We are also proposing to the honours, decorations and medals committee the introduction of a new Queen’s Prison Service medal. The concept of a covenant has been raised, and I assure my hon. Friend that we are already considering whether such a covenant for prison staff would be beneficial.
The Government seek pay recommendations from the independent Prison Service pay review body. We recently accepted in full its recommendations for 2019-20, which resulted in the highest increase for prison staff in more them 10 years, with band 3 prison officers—the largest group of staff—receiving a headline increase of 3%.
On the Isle of Sheppey, recognising the competitive labour market, we implemented a market supplement to support the recruitment and retention of staff. This means that the current starting salary for a prison officer at the Sheppey prisons, as well as a number of other sites in the south-east, is £27,293. After an officer has gained four years’ experience, that salary increases to just shy of £30,000.
HMPPS takes very seriously, as I think we all do, the health and safety of all staff working in prisons, whatever their age. Staff have access to on-site care teams and to an employee assistance programme that includes confidential 24-hour support, 365 days a year. They are covered by a wide range of occupational health services provided by specialist healthcare professionals. HMPPS has invested in nearly 6,000 body-worn video cameras and has started to implement the national roll-out of PAVA, which is a synthetic pepper spray. We are also introducing rigid bar handcuffs for use by prison officers as part of our continuing focus on improving safety and reducing violence.
We take attacks on our prison officers seriously. Under the Assaults on Emergency Workers (Offences) Act 2018, they are treated equally in law with assaults on the police and other emergency service workers. HMPPS has been working closely with the police and the Crown Prosecution Service to ensure that they understand the impact of crimes committed in prison. In May, we published the new crime in prison referral agreement between HMPPS, the police and the CPS to provide a more consistent approach to dealing with these matters. In addition, as part of a crackdown on crime behind bars, the Government are investing £100 million through the introduction of airport-style security measures, cutting-edge technology to detect and block mobile phones, and new funding to tackle corruption. Coupled with the 4,700 additional staff recruited since 2016, that investment should have a major impact on crime behind bars.
The Government are investing £2.5 billion in 10,000 new, modern prison places and will also spend an extra £156 million next year on maintaining our existing jails. That will give us space to absorb any rise in prison population created by the increase in police officers on our streets, along with tougher sentencing for the most serious offenders. Our ambition is to create a decent, safe and secure estate that is sustainable into the future.
Mr Lord
I welcome much of what the Minister says, but does it not underline the point that if we are to have a police officer covenant, a prison officer covenant would also be a good idea? It would be a way of recognising prison officers and ensuring that we treat them in the right way, both during and after their service.
Wendy Morton
I am grateful for my hon. Friend’s intervention. I think I have already addressed his point in my speech, but it is clearly a point that he is interested in.
The first new prison will be built on land adjacent to the existing well-performing maximum security prison at Full Sutton. Along with further building works, it will be subject to Government working through the best value-for-money options. I thank my hon. Friend the Member for Sittingbourne and Sheppey for suggesting the existing cluster of three prisons on the Isle of Sheppey as a location for a further site. [Interruption.] I believe he is indicating that he would be happy with a fourth, but I am sure that he will understand that decisions on the location of further sites have not yet been made.
It is again too early to say whether the new prisons will be privately or publicly run, but the Government are committed to maintaining mixed market provision in the custodial sector, with prisons run by both the public and the private sectors. Any decisions on the future management of the new build prisons will be announced in due course.
Grahame Morris
The Minister is setting out the case for financial prudence, but may I point out that private prisons account for 15% of the prison population but almost 25% of the budget? If we are being prudent with the public finances and looking to secure a decent settlement for prison officers, surely we should not be privatising our prison service.
Wendy Morton
As I said, it is too early to say whether the new prisons will be privately or publicly run, but no doubt we will be debating that question for some time to come.
On recruitment and retention, we know that retention of staff will take more than a one-size-fits-all approach, so specific action is being taken where attrition is most acute. Improvements to the recruitment process are ongoing and are aimed at reducing the time and cost of hiring, increasing the diversity of new recruits and ensuring that we attract the right people with the right skills.
Wendy Morton
If the hon. Lady will forgive me, I will press on. I have only five minutes left, and I would like to leave my hon. Friend the Member for Sittingbourne and Sheppey time to wind up.
The hon. Member for Motherwell and Wishaw (Marion Fellows) pointed out that eight prison staff are assaulted every day, and she spoke about morale and impact assessment. As prison officers are part of the wider civil service pension scheme, any impact assessment would consider a range of professions. There is a range of physically demanding roles, and when the pension scheme was introduced an exemption for prison officers was not seen as appropriate. I believe that workforce policy in Scottish prisons is devolved to the Scottish Government.
I thank all hon. Members for their contributions. I particularly thank my hon. Friend the Member for Sittingbourne and Sheppey for bringing this debate to Westminster Hall. Although I understand the concerns of staff and their trade unions about retirement age, there are no plans to consider an exceptional package to allow prison officers a lower pension age than their colleagues across the civil service. I am grateful to my hon. Friend and all hon. Members for their time and for sharing their views with me this afternoon.
Draft Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid for Separated Children) (Miscellaneous Amendments) Order 2019
Wendy Morton Excerpts(5 years, 2 months ago)
General CommitteesRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Parliamentary Under-Secretary of State for Justice (Wendy Morton)
I beg to move,
That the Committee has considered the draft Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid for Separated Children) (Miscellaneous Amendments) Order 2019.
The draft order makes provision for separated migrant children to be eligible for legal aid for civil legal services for non-asylum immigration and citizenship matters. This important piece of legislation will help to ensure access to justice for vulnerable children.
Let me set out the purpose of this statutory instrument. For those not familiar with the provision of legal aid, legal aid for civil legal services is available to an individual if the service is in scope—in other words, if it is described in part 1 of schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012. In addition, legal aid may be available on an exceptional basis where there would be a breach, or risk of a breach, of an individual’s rights under the European convention on human rights or any enforceable EU rights. This is known as exceptional case funding, or ECF.
Eligibility for legal aid, both for in-scope matters and for ECF, is subject to statutory means and merits assessments. Under current arrangements, separated migrant children who are seeking to regularise their immigration or citizenship status in the UK can apply for ECF to receive legal aid for help with their citizenship application, immigration application form or subsequent appeal. However, following litigation and engagement with key stakeholders, including the Children’s Society, this draft instrument will bring these matters into the scope of legal aid. That means that separated migrant children will no longer have to make ECF applications to receive legal aid for citizenship and non-asylum immigration matters.
Let me turn to the scope of the amendment. Since 2018 officials have been working closely with other Departments and children’s charities to finalise the terms of this amendment. It makes provision for separated migrant children to be eligible for civil legal services in relation to their immigration applications for entry clearance, leave to enter and leave to remain in the United Kingdom under the immigration rules. It also provides civil legal services in relation to separated migrant children’s immigration applications for leave to remain where the application is made and determined outside the immigration rules. That would include applications for discretionary leave to remain, leave to remain on medical grounds, as well as exceptional circumstances or compassionate and compelling factors, which may warrant a grant of leave outside the immigration rules.
Further, legal aid will be available to those children in relation to relevant applications for entry clearance, leave to enter or leave to remain made under the immigration rules by another person, including family members and extended family members, and granted either under or outside the immigration rules. Such applications are determined on the basis of exceptional circumstances under article 8 of the ECHR—the right to respect for private and family life—or because of compassionate and compelling factors. The amendment includes legal aid applications for registration as a British subject or citizen, a British overseas territories citizen and a British overseas citizen.
Let me briefly touch on the procedural and technical amendments. There are some amendments that relate to the procedures for applying for different forms of civil legal services. They are grouped into different categories: gateway work, controlled work and licensed work. The changes ensure that for controlled work and licensed work, separated migrant children who require legal representation in proceedings before a court or tribunal covered by this amendment will be able to receive it. There are also some technical amendments to other instruments relating to the merits and financial eligibility criteria. The changes ensure that the tests applied to immigration matters currently in scope for legal aid are also applied to this amendment.
The statutory instrument takes the normative definition that a child is any person under the age of 18. Where the age is uncertain, the individual is treated by the director of legal aid casework and the legal aid provider making the legal aid determination as being under 18. For the purposes of this amendment, a child is separated if they are not being cared for by a parent or someone with parental responsibility for them. It also accounts for children who are looked after by a local authority, or who are privately fostered but for whom parental responsibility has not been determined. It also acknowledges that some separated children may be in other informal caring arrangements or, indeed, caring for themselves.
A written ministerial statement was laid on 12 July 2018, outlining the Government’s intentions to introduce the legislation. Following that statement, legal aid providers were advised that in the interim they should continue to apply for legal aid via the ECF scheme. To provide clarity for Legal Aid Agency caseworkers and providers, Lord Chancellor’s guidance was issued, specifying that there is a strong presumption under article 8 of the European convention on human rights that separated migrant children require legal aid for non-asylum immigration matters and that, in the light of that, applications for legal aid on behalf of those children did not need to be supported by detailed evidence regarding their vulnerabilities and ability to participate in proceedings.
The draft instrument makes important changes, bringing citizenship and non-asylum immigration matters into the scope of legal aid for separated migrant children. It is a vital piece of legislation that will help ensure access to justice for a highly vulnerable section of our society.
Jo Stevens (Cardiff Central) (Lab)
The Minister mentioned litigation very early in her speech. Would now be a good time to put on the record that the only reason that the instrument is before us today is because the Government lost litigation that was brought by the Children’s Society?
Wendy Morton
I am grateful to the hon. Lady for her question. I think I made it clear earlier in my speech that the draft instrument was introduced following litigation and engagement, and that is why we are here today: to bring this element into the scope of legal aid.
I hope that you agree, Sir Roger, that the statutory instrument is necessary, and I commend it to the Committee.
Wendy Morton
I am grateful for the contributions to the debate and I will endeavour to respond to them as best and as carefully as I can. I thank the hon. Member for Bradford East for his warm welcome and sincerely hope that we continue to meet at the Dispatch Box for some time to come. I also thank him for indicating his support for the statutory instrument.
It is important to say that access to justice is a fundamental right. Last year we spent £1.6 billion on legal aid to support the most vulnerable. On the hon. Gentleman’s point that legal aid should never have been taken away, access to legal aid was and is available for those children under exceptional case funding. As I set out earlier, between the written ministerial statement and now, the Lord Chancellor issued a very clear direction and guidance.
It has taken so long to lay the order because we have been determined to have discussions across Government and with children’s charities to make sure that we get this vital legislation right. It is better to take the time to get it right and to address the issue. I reiterate that ECF has been available during that time.
The hon. Gentleman asked how many children have been affected. Again, between the written ministerial statement and today, ECF has been available for those children with that guidance. Due to those children’s circumstances, it is often difficult to assess the number of separated migrant children who have been affected. ECF data is not always routinely collected, but we will monitor that as we move forward.
Jo Stevens
Is there a reason why ECF data is not collected? That seems strange.
Wendy Morton
If I may, I will respond to the hon. Lady in writing. I have asked that question.
Finally, as a responsible Government, we must be informed by evidence of what works, provide value for money and focus on the breadth of support that is available to ensure that everyone can access support when they need it to resolve their problems.
Luke Graham (Ochil and South Perthshire) (Con)
The Minister is making an important point and pushing forward a powerful piece of legislation. The measure is aimed at legal aid in England and Wales, but immigration is obviously a reserved function of the entire United Kingdom. Can she outline now, or later in a written statement, how services will be funded in Scotland to support migrant children coming through there?
Wendy Morton
My hon. Friend has far more knowledge of devolved Scottish matters than I do. I will certainly write to him, if he is okay with that.
I conclude by reiterating that the statutory instrument is an important part of the Government’s work to ensure access to justice for all, particularly the most vulnerable in society. I therefore hope that hon. Members will agree that it is necessary, and I commend it to the Committee.
Question put and agreed to.
Domestic Abuse Bill
Wendy Morton Excerpts(5 years, 2 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Paul Scully (Sutton and Cheam) (Con)
It is a pleasure to follow the many fantastic and powerful speeches that we have had today. When I have spoken before in this place about domestic abuse, I have talked about the fact that it can happen to anybody. Over the last year, a number of people have come forward with very similar stories, including that they have subsequently found out that the person involved was a repeat offender, and they were perhaps the second, third, fourth or fifth individual that that person had got to, abused and then discarded.
There are some really important measures in the Bill; I will not go through them all for reasons of time. We have been working for a long time with organisations such as Women’s Aid on cross-examination in the family courts. Although this does not particularly need legislation, I would also like more awareness in the family courts of cluster B personality disorders, such as narcissistic personality disorder, so that people hearing the evidence are not taken in by a perpetrator’s superficial charm.
We have talked about economic abuse. I commend the work of organisations such as Lloyds bank, which is offering extra support to people it discovers are experiencing financial, economic and domestic abuse. It is so important that we educate others, including GPs. We heard from the former Secretary of State for International Trade, my right hon. Friend for—
Paul Scully
My hon. Friend could have intervened and given me an extra minute, by the way.
My right hon. Friend the Member for North Somerset (Dr Fox) talked about the advice GPs have given about perpetrators. In the case of Luke and Ryan Hart, the GP explained that he thought their father, who went on to shoot their mother and sister in broad daylight, was a fine, upstanding member of society. Clearly, he was totally taken in by that gentleman’s narcissistic personality disorder.
The Bill’s measures on secure tenancies raise a few more questions. Crisis raised with me and other Members the fact that people who flee abusive relationships and request emergency housing have to keep telling their story at every level. It would be fantastic to have a single advocate with whom those people could go through that process, easing the burden on them. There is nothing worse for people than having to rehash their story time and again. Not everybody is as bold and brave as the hon. Member for Canterbury (Rosie Duffield) and can use their story for such powerful advocacy. Extraordinarily, the perpetrator often stays in the property; the person fleeing has to give up everything rather than being supported to stay in their house.
I welcome the introduction of the Domestic Abuse Commissioner, which means we can start to talk about awareness. We are working on an awareness campaign that talks about entry-level red flags to stop people getting into abusive relationships in the first place. That is being led by the Daily Express, along with my former staff member, Robyn Thackara, who has become a formidable campaigner on emotional abuse issues and in particular highlights narcissistic personality disorder. They are doing a wonderful job to explain those basic things to stop people getting involved.
There is no domestic violence without emotional abuse in the first place, whether that is gaslighting or projection. Often, women—although, as we have discussed, this is not necessarily solely about women—are less like a frog in boiling water, which will leap out when it first senses danger and pain, than a frog in cold water that is heated up slowly. Women are often drawn into an abusive relationship over a period of time, until it is too late—until they have been brainwashed and, in effect, kidnapped in plain sight.
It is important to understand that, when we highlight narcissistic personality disorders and cluster B disorders, we are talking about people who cannot easily change. We therefore need to put the emphasis back on ensuring that people do not get involved in the first place and that all the organisations around them, and all of us, are aware. We need to talk about these things in the same way we talk about things such as “stranger danger” so we can look out for each other and people do not get in this position in the first place.
Prisons (Interference with Wireless Telegraphy) Bill
Wendy Morton ExcerptsFriday 1st December 2017
(7 years ago)
Commons ChamberRead Full debate Prisons (Interference with Wireless Telegraphy) Act 2018 View all Prisons (Interference with Wireless Telegraphy) Act 2018 Debates Read Hansard Text Read Debate Ministerial Extracts
Wendy Morton (Aldridge-Brownhills) (Con)
It is an absolute pleasure to speak here today in support of the private Member’s Bill introduced by my hon. Friend the Member for Lewes (Maria Caulfield). She has clearly done a tremendous amount of work, on top of the preparations and foundations that had been laid by the right hon. Friend the Member for Tatton (Ms McVey), who first presented the Bill to the House. As someone who has taken two private Members’ Bills through this place—my aim is to make it a hat trick, but who knows? It is all down to the ballot—I really appreciate how much hard work my hon. Friend the Member for Lewes has put into getting the Bill this far. I sincerely wish it a safe and secure passage through its remaining stages here and in the other place, so that it can take its rightful place on the statute book.
My hon. Friend has a prison in her constituency, and she therefore brings a huge amount of experience and knowledge to the debate. I cannot bring any such experience, but I know that my constituents are very interested in the Bill, as I am sure all our constituents are. The fact that this topic has frequently been raised at Home Office questions is a further indication not only of the fact that the Government take the issue seriously but of the interest in it from Back Benchers and from our constituents.
Kevin Foster (Torbay) (Con)
My hon. Friend is making an excellent speech. Does she agree that even those of us who do not have prisons in our constituencies understand that people who have been locked away to protect the public should not be able to communicate with their former criminal associates in our constituencies?
Wendy Morton
My hon. Friend makes a valid and pertinent point. People who go to prison should not have the connections and privileges that those of us in the outside world enjoy. I know that a lot of my constituents would take that point on board as well.
The main aim of the Bill is to authorise public communications providers to disrupt the use of unlawful mobile phones in prisons. When I was reading the background papers for the Bill, I was interested to note that in 2016, approximately 13,000 mobile phones and 7,000 SIM cards were found in our prisons. The number of phones represented an increase from 7,000 in 2013. Those shockingly high numbers are a further indication of why the Bill is so important. I hope that it will make it easier for the governors of our prisons to tackle this problem. It is a way for us to show that we are on their side.
The illicit use of mobile phones undermines the safety and security of our prisons and enables criminals to access the internet. It is unacceptable that criminals should be able to continue to direct illegal activity from behind bars. The Bill will create a new power for the Secretary of State to authorise public communications providers to interfere with wireless telegraphy in prisons in England and Wales, in addition to the existing authority that can be given to governors.
Mims Davies
The Serious Crime Act 2015, introduced by this Government, which created the new offence of coercive behaviour, has been transformative for people in threatening and difficult relationships. Does my hon. Friend agree that the Bill could also help to manage those difficult situations that do not seem to stop when one party goes to prison?
Wendy Morton
My hon. Friend makes a really important point. What we are trying to do here is tackle the problem while keeping a focus on what prison is all about. It is about trying to reduce reoffending, and about rehabilitation.
A number of years ago, I visited an organisation in the north of England and met one of its pastoral workers. He explained to me how some individuals seemed to go through a revolving door, in that they would go into prison, come out, reoffend and go back in. It is not right for those individuals to be caught up that sort of lifestyle, nor is it good for others in prison. Importantly, it is also not good for our communities, so my hon. Friend the Member for Eastleigh (Mims Davies) makes an important point. It is worth remembering that almost half of all prisoners are reconvicted within a year of release, and the cost to society of reoffending by former prisoners is estimated to be up to a staggering £15 billion a year, so this Bill is vital.
I had intended to ask the following question of my hon. Friend the Member for Lewes, but I failed to intervene, so perhaps she or the Minister will clarify this later. Will the Bill create an extra burden on prison governors? My understanding is that it will not and that it will actually make their job a lot easier, but it is important to get clarity on that for those listening to the debate.
If we can take this Bill through Parliament and if we can transfer powers to public communications providers, that will enable us, the Prison Service and prison governors to stay a little more ahead of the curve or at least keep close to it. We all know how quickly mobile technology, and technology in general, can change, and we so often hear how quickly new powers that we have legislated for can become out of date because those who seek to do us harm are one step ahead of us. I therefore hope that the Bill will go some way towards addressing that.
Kevin Foster
Does my hon. Friend agree that the Bill’s key purpose is to shift powers to the providers? Ultimately, it is the providers that have the technology and the teams of skilled people. The Bill also is about them ensuring that their networks are not being used to continue criminal activity by those behind bars, from whom the public should be protected.
Wendy Morton
I am grateful to my hon. Friend for reminding me of that. The Bill will hopefully give the initiative to those who are at the heart of technological advancements so that we do not have to legislate again if we are behind the curve after six months or a year. This is about the Government working in partnership with prisons, governors, the Home Office and providers. If we can get it right, that has to be the way that we continue to move forward. [Interruption.] My right hon. Friend the Member for Tatton is nodding. I appreciate that she cannot contribute to the debate, but it is so good that she is here and lending her continued support to my hon. Friend the Member for Lewes.
I want to touch on one or two other points about mobile phone use in prisons, which is often raised in the Chamber. If I check my record, I think I will find that I have asked questions about it. As Mr Speaker knows, I frequently ask questions on various topics that affect my constituents and my constituency—as he would of course expect. The Government have made it clear that the illicit use of mobile phones undermines the safety and security of prisons and enables criminals to access the internet, which should not be the case. In addition to the Bill, other action is being taken to tackle the issue of mobile phones in prisons because the number of devices seized continues to be high, as I said earlier.
Some £2 million has been invested in detection equipment, including handheld detectors and portable detection devices. Every prison in England and Wales—I sadly note that no Welsh colleagues are here today, but I am sure that they are listening to the debate—is being equipped with technology to strengthen searching and security, including portable detection poles that can be deployed at fixed points, such as at reception, and extra portable signal detectors to use on the wings in support of searches. In September, an invitation to tender was launched for the testing and purchasing of new equipment to block mobile signals at close range. Other new technology is being trialled, including body cameras, to tackle the threat posed by contraband smuggled into prisons, which includes mobile phones.
This is a further example of the Government’s continuing good work to support those working on the frontline—in this case, our prison officers and governors. A few weeks ago we debated the Assaults on Emergency Workers (Offences) Bill, which is another good example of the Government and the Opposition working together to protect the protectors.
I will support the Bill, I sincerely wish it good and safe passage through the House, and I look forward to following its progress.
Kevin Foster (Torbay) (Con)
It is a pleasure to be called to speak on Second Reading. It will come as no surprise to those who follow my contributions in this House that this is exactly the sort of Bill that I like to be here to support on a Friday. I am delighted that my hon. Friend the Member for Lewes (Maria Caulfield) has picked up the Bill, following on from the work of my right hon. Friend the Member for Tatton (Ms McVey), and introduced it, having been lucky in the ballot. Like my hon. Friend the Member for Aldridge-Brownhills (Wendy Morton), I had a private Member’s Bill passed in the last Session and came to watch the doffing of caps as it received its Royal Assent. It is always good to see people coming forward with ideas, and it is a reminder that Back Benchers can make a difference in this place.
Wendy Morton
On Back Benchers introducing legislation, does my hon. Friend agree that sometimes what seems like a small piece of legislation—often just one or two clauses—can make a big difference? I believe this Bill will do that.
Kevin Foster
My Bill will make a big difference to the future of community radio, and this Bill will hopefully make a big difference to protecting many of our communities.
As I said in my earlier intervention, this is not just a Bill for people who have a prison in their constituency. This is about preventing people who have been sent to jail by the courts—particularly those who have been jailed as a deterrent and to protect the public—from continuing their criminal activities via modern technology. A Victorian designing a prison such as Dartmoor, which is remote and outside Princetown, would have thought prisons keep people away from communication. Many of our jails are located away from populations.
The idea for keeping people in prison is not just to punish them but to protect wider society. That means preventing people from running their activities in prison. When most of our jails were built—even 20 years ago—the explosion of technology would have been unimaginable. At that time a phone call could have been made via a mobile network, but people now effectively have an entire computer on their smartphone. They are able to tweet, to use social media and email, and to go on encrypted sites. These forms of communication are all far beyond any unopened letter, and our law clearly needs to keep up to date with that huge change. Even when the rules were passed a few years back, smartphones, smartwatches and various other items of wearable tech that could be smuggled into and used in prisons would have been unimaginable.
I welcome the Government’s action to stop contraband getting into prisons, but there is an obvious solution, which is to block the signals. That technology exists, and the onus should not be on a governor to turn over a whole jail to try to find every last phone. Likewise, people on duty need to be alert at all times, so use of technology is not a sensible part of their working day.
The onus should also be put back on the operators. Most operators will be up for this, because I cannot see any national network wanting to install a mobile mast to deal with demand from a local prison. They will not want to do that. [Interruption.] Mobile phones can sometimes even be heard in this Chamber, which shows their reception. [Interruption.] I do not know what on earth that is. [Interruption.]
Kevin Foster
I completely agree with my hon. Friend on that. Modern phones can monitor someone’s heartbeat and health, and do a range of other things. We have just touched on how they can even be used to determine location, which becomes a real issue as this technology gets more accurate. One of the great train robbers was helicoptered out of a prison, so knowing exactly where someone is in a large complex can be a very useful piece of information for someone looking to carry out a violent break-out. Making it clear that someone cannot just be pinned down via mobile phone or a piece of wearable tech is one of the things—
Wendy Morton
I am grateful to my hon. Friend the Member for Eastleigh (Mims Davies) for giving us the benefit of her wisdom. I was concerned that you might look at this Bill and think that there is perhaps some use for it here in the House of Commons, Mr Speaker—let us hope not! On a more serious point, my hon. Friend the Member for Torbay (Kevin Foster) was touching on security and safety in relation to the mobile phone that went off a few moments ago, and he was making a salient point. Does he agree that at the heart of this Bill there is something important in relation to the safety and security of prisons, all the prison staff and everybody who resides in a prison?
Kevin Foster
I absolutely agree with my hon. Friend on that. I suspect that someone might propose an amendment in Committee to say that we should define this Chamber as somewhere where certain things can be interfered with, particularly the noise of a mobile phone.
This Bill is about public protection. It is not about putting in place a rule just to spoil someone’s fun. It is about taking someone offline and stopping them using technology for harassment, as my hon. Friend the Member for Eastleigh (Mims Davies) discussed, for the purpose of continuing to manage their criminal gang, for locating exactly where someone is in a jail or for intimidating prison staff. I will not provide names, as it is not appropriate for me to do so and I do not have this person’s permission, but I have had to deal with a member of our prison staff who was badly assaulted while doing his duty in one of our prisons. He explained to me that sometimes certain prison staff will be targeted by some of the inmates and by gangs outside. Again, technology does not help us on that, as it allows images to be taken, people to be located and others to see who is there. We forget that a mobile phone is not just a way of communicating; it is a way of recording almost everything that is going on.
Wendy Morton
I wonder whether this Bill will also help to reduce prisoner-to-prisoner bullying and harassment that could occur through mobile phones.
Kevin Foster
It has the potential to do so, although there will always be issues with those who are confined in spaces because of violent offences and the backgrounds they have. My key concern is preventing their being able to do this outside and to continue intimidating victims. I have a particular concern about those on remand intimidating witnesses. The whole point is that they are in on remand to prevent them from absconding and from interfering with a witness, who may be the main part of the evidence against them. An ability to communicate outwards opens up opportunities to do so or to co-ordinate with people with whom they should not be co-ordinating via a mobile phone. The technology is in place, which is why it is right that through this enabling Bill—it does not set out the whys and wherefores—we are allowing providers to switch off those phones. As I mentioned earlier, they do not want their networks to be used for these purposes. They want to ensure that they are secure.
I am conscious that time is moving on. I am pleased to support the Bill and I note the work that is being done. As my hon. Friend the Member for Aldridge-Brownhills pointed out, when about 13,000 mobile phones are seized in prisons each year that is not just a minor problem. I welcome the efforts being taken in every prison in England and Wales, and, given that the operators work on a UK-wide spectrum, I hope that there would also be co-ordination with authorities in Northern Ireland and Scotland—although no Members from those two nations are in the Chamber—to crack down on people in jail.
I suspect another technology we will return to is drones, and how they start to impact on safety and security in prisons. We have seen dramatic footage online and in the media of what is happening, and it would be interesting—although probably not in this Bill—to discuss how we can use technology as it develops to prevent drones from entering certain areas or to interfere with their command signals. That will probably not just be an issue for prisons, and I know that a Bill on drones is forthcoming. That will be a good thing for us to debate.
It is absolutely right that today’s Bill has been introduced, because, ultimately, it provides that stop. We can do a lot of work, we can have body scanners, checks and cell searches, but ultimately the way to kill off a mobile phone is to break its signal and stop it being used. We need to say to the operator that they have the ability to do so, and that there are ways in which they can locate a phone that is being used, as we have seen in cases of missing persons or that have tracked back what was happening with a phone. Fundamentally, a mobile phone regularly being used within the confines of a prison wall is a mobile phone that should not be being operated. It should be switched off. It is a potential breach of the sanctions.
As has been said, people are sent to jail as a punishment for criminal offences or because, in order to protect the public, it is in their interest to take away an individual’s liberty and certain ways of communicating. None of us would suggest that someone on remand for a sexual offence should be able to put letters into the postal service without their being monitored; the situation should be exactly the same in this instance and with electronic communication.
Wendy Morton
Does my hon. Friend agree that the Bill sends out a strong signal to those in prison that the use and holding of a mobile phone will not be acceptable anymore?
Kevin Foster
I thank my hon. Friend for that intervention. It will send out a strong signal by helping to cut off a signal; ultimately, that is what the Bill will do.
I am conscious that we are on Second Reading. There will clearly be opportunities in Committee and on Report to explore the Bill in greater depth, and any commensurate orders that the Government introduce to implement it will offer the opportunity for parliamentary scrutiny.
I totally welcome the Bill, which is part of our catching up with modern technology and ensuring that people are kept safe. That is why it is vital that it is given its Second Reading and that it has Government support. I am certainly looking forward to hearing my hon. Friend the Minister’s comments. I welcome the debate so far and hope all hon. Members will give this Bill the Second Reading it deserves.
European Union (Withdrawal) Bill
Wendy Morton ExcerptsTuesday 14th November 2017
(7 years, 1 month ago)
Commons ChamberRead Full debate European Union (Withdrawal) Act 2018 View all European Union (Withdrawal) Act 2018 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Committee of the whole House Amendments as at 14 November 2017 - (14 Nov 2017)
Tom Brake
I thank the right hon. Gentleman for that intervention, but I am perplexed: I was not suggesting that anyone had been pulling his strings. I was simply wondering whether it was his own political inspiration that had led him to table the new clause. However, both the new clause and the Government amendment are damaging and irresponsible. They are also pointless, in that the Government could, of their own volition, choose to change the end date. I have to wonder whether they would not in fact seek to do that if they were close to a deal just days or hours away from the deadline.
Wendy Morton (Aldridge-Brownhills) (Con)
Does the right hon. Gentleman not accept that we are coming out of the EU and that this is not a game of hokey-cokey, with one foot in and one foot out?
Tom Brake
We do not often play games of hokey-cokey in this Chamber, and I certainly would not want us to do so today.
We are debating what is without a doubt the most serious issue that the United Kingdom has faced in the past 50 years, but I am afraid that the Government are not conducting themselves terribly efficiently. The Prime Minister’s amendment secured one or two newspaper headlines, but I was pleased that it did not succeed in stemming the Tory resistance. I would like to encourage the use of the word “resistance”. I do not know whether many Members have read Matthew Parris’s article, in which he suggests that we should use the term “resistance” in relation to ourselves when some Conservative Members prefer to describe us as remoaners—or, indeed, traitors.
Oral Answers to Questions
Wendy Morton Excerpts(7 years, 1 month ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mr Gyimah
I do not agree that the threshold is too low. When an IPP prisoner is recalled, it is not because they were found, for example, hiding under their mother’s bed. It is often because there is a clear causal link to the behaviour exhibited at the time of the index offence. Our duty is to keep the public safe. Where there is any signal or any cause for concern, it is right that such prisoners are recalled into custody. However, the national probation service is working on a programme to help IPPs when they are released into the community to transition into the community and to reduce the incidence of recall in a way that protects the public, but also allows IPPs to rebuild their lives.
Wendy Morton (Aldridge-Brownhills) (Con)
The Minister of State, Ministry of Justice (Dominic Raab)
We are investing over £1 billion to bring our courts into the 21st century, to make them more sensitive to victims and witnesses and to deliver swifter and more effective justice.
Wendy Morton
I am grateful to the Minister for that response. What can be done to ensure that the courtroom environment and the wider environment of the court building itself help to put victims and witnesses at ease, and support them through the process of giving evidence?
Dominic Raab
My hon. Friend is absolutely right that we need to reduce the stress and trauma experienced by victims and witnesses. We are doing a range of things. First, we are establishing model waiting rooms for victims and witnesses so that they will feel less stressed and more comfortable, meaning that they are more likely to give compelling evidence. Secondly, in the courtroom itself, we are rolling out section 28 measures for pre-recorded cross-examination to Crown courts nationally. This autumn, we will extend that to victims of sexual offences or modern slavery offences in Leeds, Liverpool and Kingston upon Thames.
Assaults on Emergency Workers (Offences) Bill
Wendy Morton ExcerptsFriday 20th October 2017
(7 years, 2 months ago)
Commons ChamberRead Full debate Assaults on Emergency Workers (Offences) Act 2018 View all Assaults on Emergency Workers (Offences) Act 2018 Debates Read Hansard Text Read Debate Ministerial Extracts
Chris Bryant
My hon. Friend is absolutely right; I agree with every word. Indeed, I am going to say it again myself later.
My Bill does three things. First, it introduces a new offence of common assault or battery against an emergency worker in the performance of their duties. As I am sure hon. Members know, there are similar offences on the statute book: common assault contrary to section 39 of the Criminal Justice Act 1998; and assault on a police constable, a prison officer or an immigration officer in execution of his duty under section 89(1) of the Police Act 1996, section 8 of the Prison Act 1952, and section 22 of the UK Borders Act 2007. There will be a test afterwards.
Wendy Morton (Aldridge-Brownhills) (Con)
I am not Welsh, but the west midlands are not too far from the Welsh border. Home Office statistics show that in the west midlands alone there were just over 1,300 assaults recorded against police officers in 2016-17. I hope that the Bill gets its Second Reading and continues. Does the hon. Gentleman agree that this debate, as well as dealing with assaults on emergency workers, should, and really will, send out a strong message to other public sector workers in areas such refuse collection, who also face assault, that these attacks are absolutely not acceptable and will not be tolerated?
Chris Bryant
I would like to cut the number of assaults on anyone in society—that is the truth of the matter. The hon. Lady makes a good point about public sector workers.
Incidentally, I should make one comment before I continue. My hon. Friend the Member for Lincoln (Ms Lee) referred to HIV. It is true that people often fear HIV infection in these situations, but it is almost inconceivable that somebody would be infected with HIV by being spat at. I want to make that absolutely clear. I would be horrified if my Bill were somehow to be used to increase the stigma attached to such illnesses.
There is a problem with the existing offences. Common assault makes no distinction between a member of the public and an emergency worker, and the other offences apply only to police, prison and immigration officers, and not to all emergency workers. What is more, they are all summary offences triable only in the magistrates courts, with a maximum sentence of six months.
By contrast, the Bill’s new offence will apply to all emergency workers. It will be an “either way” offence, triable in either a magistrates court or a Crown court, with a maximum sentence of 12 months, or a fine, or both. In essence, it will double the maximum sentence available for assault or battery of an emergency worker. It will give the Crown Prosecution Service an extra string to its bow and it will match the provisions already in place in Scotland.
Wendy Morton (Aldridge-Brownhills) (Con)
If the hon. Member for Rhondda (Chris Bryant) will not accept our congratulations or thanks, let us then acknowledge his work and that of the hon. Member for Halifax (Holly Lynch), as well as that of previous Administrations who have worked on this particular topic and of those responsible for taking this Bill through the House. It was interesting to hear how the hon. Gentleman conducted his own ballot to find which topic the public supported most for a private Member’s Bill.
The Bill and today’s contributions send a clear signal from this House that certain attitudes towards and attacks on emergency workers will not be tolerated. Emergency workers are among the most respected people in this country. They should be able to do their job in the knowledge that if anyone assaults them while they carry out their duties, the persecutor will be punished. My own sister is a nurse, although not in the emergency sector, and I would not wish to think that she was doing her job without adequate protections and safeguards.
I have done some research on emergency workers and frontline staff in the west midlands and my own constituency. In the west midlands in 2016-17, there were 1,312 recorded assaults against officers. That is the second largest number of attacks, by police force area, with only the Metropolitan police recording a higher number. Walsall Healthcare NHS Trust recorded 175 assaults in 2015-16, which equates to 3.5% of staff being attacked. We have to remember that behind every police officer, fire officer and nurse who is assaulted, there is a partner, husband, wife or family. As we have heard, they are equally affected.
I will turn briefly to the Bill’s specifics—I must get my teeth in today and keep my pieces of paper in the right order. This is the disadvantage in having one’s speech curtailed.
There has been a lot of debate about clause 3 and the definition of “emergency workers”, and I mentioned earlier an assault on a constituent of mine who is a refuse collector. We need to look very closely at that definition. For example, are members of the armed forces under Operation Temperer covered under the Bill? I am not quite sure, so I ask the Minister to confirm that in his winding-up speech.
Wendy Morton
The hon. Gentleman highlights the need to look at the specifics of the Bill.
My hon. Friend the Member for Dartford (Gareth Johnson) highlighted the need to look beyond emergency workers in accident and emergency. We have heard about minor injuries units, but what about nurses on wards? Could they be included in the Bill?
It is very important for the Bill to undergo line-by-line scrutiny in Committee so we can get it right. We have an excellent opportunity not just to send the right message, but to protect the people who need our protection most. What we have heard today, and what we have seen in our own constituencies, is absolutely not to be tolerated. That message must go out loud and clear, and be backed up by legislation that works to protect our frontline services.
Oral Answers to Questions
Wendy Morton Excerpts(7 years, 3 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Dominic Raab
The hon. Lady makes a powerful point. No one wants to lay the blame at the door of any victim, let alone the most vulnerable—in this case children. She heard what the Secretary of State said about CICA: it will be looked at in the context of the issues that have arisen recently. It operates in a different context from the criminal justice system, in that it can apply when there has not been a criminal conviction.
Wendy Morton (Aldridge-Brownhills) (Con)
8. What steps the Government are taking to prevent the use of drones over prisons.
The Parliamentary Under-Secretary of State for Justice (Mr Sam Gyimah)
Drones are a serious threat to order and stability in our prisons, given the contraband that they are used to smuggle. Our intelligence work tells us that a lot of this activity is backed up by organised crime gangs. That is why we have invested in our intelligence teams. There is also a specialist unit between the Prison Service and the police service to track down and prosecute such offenders. In the last year alone, there have been 40 arrests and 11 convictions of criminals involved in drone activity, resulting in those convicted serving a total of 40 years in jail.
Wendy Morton
With offenders being more than twice as likely to be reconvicted within 12 months of release from custody if they are known drug users, what work is being done to tackle the supply—potentially using drones—of drugs into our prisons?
Mr Gyimah
Drones are one way in which drugs are smuggled into our prisons, but we are looking at all possible ways. For example, paper is sometimes impregnated with new psychoactive substances, which makes them very difficult to detect. The way to tackle the supply is to get intelligence not just from each establishment but from different parts of the Prison Service so that we can respond appropriately. We are investing heavily in doing so to combat the drugs problem in our prisons.
Prison and Youth Custody Centre Safety
Wendy Morton Excerpts(7 years, 5 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Dr Lee
I think the right hon. Gentleman is referring to the secure schools. We are committed to opening one in September 2019. There is a possibility that it could be earlier, but it depends on finding the appropriate site; as Members can imagine, these sites have to be secure. We are working extremely hard and are in negotiations with various agencies. The Mayor’s Office for Policing and Crime is particularly interested in assisting us on this. When we know about the locations, we can be a bit clearer about the delivery date.
On the wider question, which I think is about the state of the youth justice system, he can probably tell that I think we need to move towards a different system of how we lock up young people. Sadly, we recognise that some young people will need to be locked up—we have a very small uptick in some serious sexual crimes at the moment—but the environment, the staffing and the manner in which we do so must change. This report confirms what we already knew, and my intention is to work hard to bring forward a plan so that in the future—in the next 10 years—we can get to a situation in which our young people are not only safe and secure, but properly rehabilitated.
Wendy Morton (Aldridge-Brownhills) (Con)
I welcome the additional £2 million that this Government have invested in providing handheld mobile detectors and portable detection poles to every prison to root out the mobile phones that facilitate so many problems. Does my hon. Friend agree that we need to continue monitoring this issue and to consider what more can be done in this area?
Dr Lee
Yes. We have made some real progress; we are stopping thousands of mobile phones getting into our prisons. We are working extremely hard to stop the use of drones and to block the use of mobile phone signals over prisons. Things are not perfect; we have not finished this work, but we are continuing to press hard, because it would be fantastic to have a mobile phone and drone-free prison network.