Oral Answers to Questions

Alan Mak Excerpts

Tuesday 4th June 2019 Commons Chamber

[Mr Gauke]

We have no plans at present, but I am conscious that England’s age of criminal responsibility is lower than in most western countries. I am sure this matter will be kept under review.

[Alan Mak (Havant) (Con)]

T9. Having worked with his predecessor, it is clear to me that new technology in prisons can help with rehabilitation, so what plans does my hon. and learned Friend have in this area?

[The Minister of State, Ministry of Justice (Robert Buckland)]

My hon. Friend is right to emphasise the importance of technology in rehabilitation, which is why in-cell telephones have now been rolled out to 18 prisons and work is under way to deliver them to a further 30 prisons by March 2020. The introduction of basic computers, with the necessary controls, can allow prisoners to start managing some of their day-to-day tasks ahead of potential release.

Oral Answers to Questions

Alan Mak Excerpts

Tuesday 12th March 2019 Commons Chamber

[Rory Stewart]

First, using a mobile phone in a prison is an illegal act. It is a horrifying thing to harass victims using a phone from prison. It is entirely illegal, and we will be working with colleagues from the Department for Digital, Culture, Media and Sport to draw the attention of these social media companies to the fact that illegal action is taking place through their systems.

[Alan Mak (Havant) (Con)]

18. What steps the Government are taking to introduce new technology to support rehabilitation in prisons.

[The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)]

Technology can play an important role in supporting rehabilitation. The careful use of basic computers and telephones enables us to do that. New digital services are being built for prison officers as part of the offender management in custody programme.

[Alan Mak]

Good mental health and wellbeing are key to rehabilitation in prisons. What steps is my right hon. Friend taking to use the best technology in this regard?

[Mr Gauke]

My hon. Friend raises a very important point. There is huge potential in this area, but we are already taking steps through telehealth and virtual consultations. We have in-cell telephony, which can be used in these circumstances. Digital hub services also exist, and the prison virtual learning environment includes a health application, so we have a virtual campus that can help people to address addiction issues. I think that there is much more potential in this area in the future.

Oral Answers to Questions

Alan Mak Excerpts

Tuesday 5th February 2019 Commons Chamber

[Rory Stewart]

Absolutely. It totally transforms a prisoner’s life to have a job, and it leads them to be less likely to reoffend, therefore protecting the public. I pay tribute particularly to the work of Tempus Novo in Leeds, which brings businesses into prison, with two experienced ex-prison officers, and helps companies to become comfortable with employing ex-offenders, thus ultimately changing lives and protecting the public.

[Alan Mak (Havant) (Con)]

T1. If he will make a statement on his departmental responsibilities.

[The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)]

Yesterday, I published my review of the Parole Board rules and the Government’s response to the public consultation about creating a new reconsideration mechanism for Parole Board decisions. I have decided to proceed with changes to the Parole Board rules that will introduce such a mechanism later this year. Our report also sets out additional reforms that will bring greater transparency and improvements for victims. I announced the launch of a tailored review of the Parole Board that will consider whether more fundamental reforms are necessary in the longer term, including those that may require primary legislation.

[Alan Mak]

New technology can play a key role in reducing the flow of contraband into our prisons. Will my right hon. Friend outline what support and financial investment his Department is providing in that area?

Prisons (Interference with Wireless Telegraphy) Bill

Alan Mak Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Friday 6th July 2018 Commons Chamber

[Alan Mak (Havant) (Con)]

It is a great pleasure to follow my hon. Friend the Member for Brentwood and Ongar (Alex Burghart). He has made an excellent speech, and I know that he comes to this issue with a lot of experience at the Centre for Social Justice. I congratulate my hon. Friend the Member for Lewes (Maria Caulfield) on her hard work in taking the Bill forward, and also my right hon. Friend the Member for Tatton (Ms McVey) on the work she did to initiate the Bill. The fact that it passed unamended in Committee reflects its simplicity and its importance, as well as the hard work of my hon. Friend the Member for Lewes, and I hope she will see its passage through the House today.

The Bill is of particular interest to me as I have recently served as Parliamentary Private Secretary at the Ministry of Justice. I welcome its provisions, because I believe that giving the Secretary of State the power to authorise public communications providers to disrupt the unlawful use of mobile phones in prisons is an important public policy objective. These powers are in addition to those already on the statute book that allow prison governors to interfere with such mobile phone communications. I am pleased to support the Bill today. I believe that it will strengthen our prison system as well as meeting the challenges associated with advances in mobile technology and wider criminal activity. I echo the sentiment of my hon. Friend the Member for Lewes that 13,000 mobile phones and 7,000 SIM cards being found in our prisons in 2016 was simply too many. That is why I commend her for bringing forward the Bill, and I am sure that it will find support on both sides of the House.

When I served at the Ministry of Justice, I was able to witness the use of mobile phones in prisons when I visited HMP Pentonville. I spoke to the governor, the deputy governor and prison staff there, and I was also able to speak to some of the prisoners, which enabled me to understand some of their motivations. I also understand the difficulty that prison officers have in curtailing the use of mobile phones in prisons. That is why the Bill is so important. The unlawful use of mobile phones in prisons undermines the safety and security of prisons and enables criminals to direct illegal activity from behind bars, including organising violence and drug smuggling. It also harms the rehabilitation process for prisoners, as we have heard from a number of speakers today.

Reoffending rates are still too high. This costs the economy around £15 billion a year, but it also means wasted talent and broken families. There are complex reasons for reoffending, and it is not solely down to the use of mobile phones in prisons, but there is no doubt that that can be a seriously contributory factor. Unfettered access to the internet can have a damaging impact on the rehabilitation process, through the glamorisation of life behind bars on sites such as Snapchat and Instagram, as well as through more sinister activities such as organising crime from within prisons and associating with former criminal networks. Prison officers have told me that such damage is most pronounced when they are attempting to break down the gang culture that pervades many of our prisons, and the cycle of violence that often comes with it. If a gang member on the inside remains in close contact—speaking daily—to those outside, and perhaps even continues his activities while in prison, how can we expect to break the cycle of bad behaviour and the gang culture? In order to change lives it is vital that we change the habits of prisoners and break their contact with their criminal fraternity.

Equally, for prisons to be at their most effective, it is important that they work as a true deterrent. In our modern society, where we depend so much on our mobile phones to manage our finances, order food, read the news and update social media, the loss of liberty on the inside should be a truly frightening prospect, entailing tangible disadvantages that are truly punitive. With the proliferation of mobile phones in prisons, being cut off from the outside world has essentially become completely irrelevant, and we need to reverse that process. That is why the Bill is so important.

In fact, the use of mobile phones in prisons is not only harmful to prisoners’ rehabilitation, it could also trigger other bad behaviours, for example encouraging prisoners to disregard authority and other prison rules. I fear that more videos watched on social media from inside prisons will simply make people less afraid of jail and diminish the impact that jail has as a deterrent.

Other hon. Members have reiterated the importance of ensuring that prisoners are able to stay in contact with family members so that they can maintain relationships and bring stability to their lives, especially after they leave prison. I am delighted that the Ministry of Justice is taking action to ensure that that is the case and that the Bill would not diminish that ability. For example, I am aware that prisons such as HMP Berwyn, a category C prison in Wales, already offers close to 24/7 access to PIN phones, so that prisoners can call their loved ones. As a result of such measures, the use of mobile phones will no longer be necessary.

I commend the Ministry of Justice and the Minister for ensuring that prisoners who are found with phones in prison are subject to increased sentences. For example, John Grimshaw, who was found with two handsets, a phone battery, a SIM card and keypad in his cell at HMP Manchester received a harsher sentence—I think it was an extra year. It is right that we continue to punish those in the prison system who are found with illicit mobile phones.

I support the Bill because it would set out a framework to allow the Government to future-proof the prison regime. As the fourth industrial revolution accelerates, technology that blocks signals and mobile phones in prisons will soon become more cost-effective and have more impact. Therefore, the regime created by this simple but effective Bill will be important to ensure that our prison regime is secure for the future. I hope that the Minister and the Secretary of State will work closely with telecommunications companies to ensure that they bring forward the right equipment and mobile phone detection software to ensure that we can protect prisons, to make them safe and to allow prisoners to be rehabilitated. I strongly support the Bill and I congratulate my hon. Friend the Member for Lewes on her hard work.

--- Later in debate ---

[Rory Stewart]

My hon. Friend makes a very important point. The questions around the telephone is what we expect in society as a whole and the relationship of a prison to what happens in broader society. What we see in our prisons is that in fact they ultimately mirror broader society. What was acceptable in the 19th century is not acceptable today. For example, in Pentonville prison 175 years ago solitary confinement meant total silence and the use of masks for 23 hours a day. Slopping out, which happened as recently as the 1980s—in other words, the fact that prisoners did not have lavatories in their cells—has ceased to be acceptable. Our views on whether prisoners should have showers in their cells might change in 20 or 30 years’ time.

Our views on how a mobile telephone relates to normal life will also change. Will a mobile phone begin to feel so fundamentally interwoven with our social life, our communications and the way we live in a 21st-century society that to be deprived of it will feel quite different in 20 years’ time from how it feels today, or how it might have felt 20 years ago?

Therefore, in trying to work out how to frame legislation and how to treat prisoners, we have to deal with social change at a range of different levels; we have to deal with changes in culture and society over time; and we have to deal with clashes of values between individuals that cannot be reconciled.

The interesting point raised by my learned friends who focused on the question of retribution in justice goes to the fundamental question of what we are entitled to do to an individual.

[Alan Mak]

Does my hon. Friend agree that we experience not only cultural change, but technological change? One of the strengths of the Bill is that it sets out a framework that will help to future-proof the statute book with regard to technological change.

[Rory Stewart]

That is absolutely right. Indeed, the very existence of the Bill shows how quickly technology is changing. We began in 2007 simply by making it illegal to have a mobile telephone in prison—it carries a maximum sentence of two years. One would have thought that there would therefore be no problem with simply jamming the signal in prisons to prevent the use of mobile telephones, because having one was illegal. What on earth is the problem with putting in place the technology to stop that? What we discovered, of course, is that that presents a huge range of philosophical, legal and technological challenges. That explains why we had another Bill in 2012 and, thanks to the very good work of my hon. Friend the Member for Lewes, another Bill now in 2018.

Those challenges are quite significant. Let me deal first with the philosophical challenge. Article 8 of the European convention on human rights allows for a right to privacy. The 2012 legislation began to give the Secretary of State the authority to deal with the question of the right to privacy, and also to deal with the unanticipated consequences, which have been raised by various hon. Members, of the blocking technology affecting the lives of people outside the prison walls. Even that is not sufficient, because there is then a series of changing regulations relating to Ofcom, for example.

The 2012 legislation tried to deal with the gap between what can be authorised to a Crown servant—in this case the governor of a public prison—and what instructions can be given to the director of a private prison, such as one run by G4S, Serco or Sodexo. That was resolved in 2012, but what happened then—this point has been raised already—is that we are simply walking around a prison with various devices. What devices can be used in a prison? Before this legislation, we could wander around a prison with a metal detector, which can pick up the metal in a mobile telephone. We could wander around with a wand that picks up the microwave signals from a phone, but the phone might be very small and hidden almost anywhere in a messy cell. What we were unable to do, except with the co-operation of the mobile telephone company, is operate from the mast.

Under the previous legislation, we were forced effectively to jam the signal by transmitting on the same frequency that the mobile telephone company transmits. The company moves from 3G to 4G and the signal changes. Let us imagine that there are three masts from three companies surrounding a prison, all of which are transmitting on different frequencies. Those frequencies change over time, as do their strengths. The prison will find itself trying to transmit on a frequency, and when the frequency changes they miss it. They find the frequency again and they transmit at a certain strength, but then the signal strength increases against them. As they increase the signal strength, they increase the likelihood that they will take out mobile telephone communications from the surrounding houses. That would be a real risk in Brixton, for example.

We are dealing all the time with technological change. The speeches of my hon. Friends the Members for Horsham, for Erewash, for Torbay (Kevin Foster) and for Witney (Robert Courts) were particularly powerful in dealing with the ways in which that technological change drives this legislation, necessitates this legislation, and will challenge this legislation.

Oral Answers to Questions

Alan Mak Excerpts

Tuesday 5th June 2018 Commons Chamber

[Iain Stewart (Milton Keynes South) (Con)]

21. What steps the Government are taking to improve access for offenders to education and employment.

[Alan Mak (Havant) (Con)]

22. What assessment he has made of the role of employment and education in reducing rates of reoffending.

[The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)]

On 24 May, we launched the education and employment strategy to create a system in which each prisoner is set on a path to employment from the outset. This is vital because reoffending costs society around £15 billion each year. Effective rehabilitation needs prisoners to be willing to commit to change, take advice, learn new skills and take opportunities to work, and if they participate in learning and get a job, they are less likely to reoffend.

--- Later in debate ---

[Mr Gauke]

Our approach is to encourage employers to take on ex-offenders. Some employers do marvellous work and not only make a real contribution to society, but find that they get very good employees. There are also employers who, frankly, are not engaging at all. There has been a change in public mood on this issue and we want to encourage much more engagement. We all have a role to play.

[Alan Mak]

Digital and technology skills are now vital in every workplace. They help those released from prison to secure better jobs, thereby reducing reoffending. What support is my right hon. Friend’s Department giving for such important skills training?

[Mr Gauke]

My hon. Friend raises an important point. Information and communications technology forms part of the prison common core curriculum. It will be increasingly important, which is why it is right that we provide training in digital and technology skills. It is worth pointing out that from April 2019, governors will be given increased flexibility to commission the right education mix for their prisons. We expect that digital and technology will feature highly in governors’ plans.

Justice

Alan Mak Excerpts

Tuesday 1st May 2018 Ministerial Corrections

[Craig Tracey]

What progress his Department is making on recruiting 2,500 new prison officers.

[Alan Mak]

What progress his Department is making on recruiting 2,500 new prison officers.

[Mr Gauke]

Retaining and recruiting engaged and motivated staff is critical to delivering the solutions to drive improvement across the service. Between the end of October 2016 and the end of March 2018, we have increased prison officer numbers by 3,111 full-time equivalent staff. This is already significantly over our target of 2,500 additional staff by the end of December 2018. Investing in the frontline is vital for safety, rehabilitation and security, which is why we are spending £100 million a year in additional prison officers.

[Official Report, 24 April 2018, Vol. 639, c. 715.]

Letter of correction from Mr Gauke:

An error has been identified in the response I gave to my hon. Friends the Members for North Warwickshire (Craig Tracey) and for Havant (Alan Mak).

The correct response should have been:

Oral Answers to Questions

Alan Mak Excerpts

Tuesday 24th April 2018 Commons Chamber

[Craig Tracey (North Warwickshire) (Con)]

3. What progress his Department is making on recruiting 2,500 new prison officers.

[Alan Mak (Havant) (Con)]

6. What progress his Department is making on recruiting 2,500 new prison officers.

[The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)]

Retaining and recruiting engaged and motivated staff is critical to delivering the solutions to drive improvement across the service. Between the end of October 2016 and the end of March 2018, we have increased prison officer numbers by 3,111 full-time equivalent staff. This is already significantly over our target of 2,500 additional staff by the end of December 2018. Investing in the frontline is vital for safety, rehabilitation and security, which is why we are spending £100 million a year in additional prison officers.[Official Report, 1 May 2018, Vol. 640, c. 1MC.]

--- Later in debate ---

[Alan Mak]

I thank my right hon. Friend for his answer. Will he update the House on the progress being made towards the new key worker model and the impact it is having on prison officer recruitment?

[Mr Gauke]

My hon. Friend is absolutely right to raise that point. The key worker model is crucial. It will allow prison officers to spend more time, both on a one-to-one basis and with small groups of prisoners, improving staff-prisoner relationships. That can help us reduce both violence and reoffending. Some prisons, such as HMP Liverpool, are already running that scheme, and I look forward to more prisons fully implementing that over the months ahead.

Oral Answers to Questions

Alan Mak Excerpts

Tuesday 6th March 2018 Commons Chamber

[Lucy Frazer]

In the family court, all judges have training on dealing with vulnerable witnesses. I am sure that the Crown Prosecution Service has training as well.

[Alan Mak (Havant) (Con)]

4. What steps his Department is taking to improve the court experience for victims and witnesses.

[The Parliamentary Under-Secretary of State for Justice (Dr Phillip Lee)]

We are committed to improving the experiences of those who have become victims of crime, which is why, by the summer, we will publish our victims strategy, a key aspect of which is how we can improve support for victims as they interact with the criminal justice system.

[Alan Mak]

I welcome the steps the Government have taken. Does my hon. Friend agree that the video hearing system and other new technologies have the potential not only to improve victims’ experience in court but to increase court capacity?

[Dr Lee]

My hon. Friend is right. Ensuring that victims of crime are able to give evidence in the easiest possible way is among our highest priorities. The roll-out of new video and audio technology will ensure that courts and their work loads are managed more efficiently.

--- Later in debate ---

[Lucy Frazer]

I thank the hon. Lady for her question. It was a pleasure to meet her recently to discuss the issue, and I am grateful to her for following up with an email on Friday. I am very happy to meet her again to discuss the issue, and I have sent her a letter today, as I said I would, setting out a timetable for the consideration of sites. When she has had a chance to look at that I am happy to meet her again.

[Alan Mak (Havant) (Con)]

T6. Does my right hon. Friend agree that, as he reforms the justice system, a system of incentives could help prisoners with good behaviour records and reduce reoffending in the future?

[Mr Gauke]

I very much agree. Indeed, I advanced that argument this morning in a speech to the Royal Society of Arts. If prisoners are abiding by the rules and complying with what is required of them, governors should have more flexibility to reward them with additional privileges. I think that that could help to move people in the right direction and change behaviour in a positive way.

Oral Answers to Questions

Alan Mak Excerpts

Tuesday 25th April 2017 Commons Chamber

[Andrew Stephenson (Pendle) (Con)]

1. What progress the Government have made on their review of legal aid domestic violence evidence requirements.

[Mr Alan Mak (Havant) (Con)]

10. What progress the Government have made on their review of legal aid domestic violence evidence requirements.

[The Minister for Courts and Justice (Sir Oliver Heald)]

Following our completion of the review we announced our intention to make changes by secondary legislation that would make it easier for victims of domestic violence to access legal aid. These changes include removing the time limit on all forms of evidence and accepting evidence from domestic violence support organisations.

--- Later in debate ---

[Sir Oliver Heald]

I can certainly do that, and I can also point to the recent changes made in courts to help victims of domestic violence to give evidence, such as the video links that we have introduced, and the provision for recorded evidence and cross-examination which is about to be rolled out. It is also important to say that the House generally supported the end to cross-examination by perpetrators.

[Mr Mak]

I thank the Minister for his answer and welcome the announcement. Will he join me in commending the Southern Domestic Abuse Service, a Havant-based charity that helps victims of domestic violence report to the police, and ensure that he continues working with such charities to make sure that the evidential guidelines are consistent with the sensitivity of this issue?

[Sir Oliver Heald]

I am happy to pay tribute to organisations that help victims of domestic violence on their work, and I know from talking to my hon. Friend, who is a strong advocate for them, that that service in Havant is excellent—so, yes, I agree with him.

Oral Answers to Questions

Alan Mak Excerpts

Tuesday 6th December 2016 Commons Chamber

[Mr Gyimah]

My right hon. Friend raises a point around conviction and time spent. Obviously, there is the Ban the Box campaign, which we are supporters of, that encourages employers to look beyond these things, certainly when it comes to employing ex-offenders. I would be happy to speak with my right hon. Friend directly about the case of her constituent.

[Mr Alan Mak (Havant) (Con)]

22. In Havant, the Hampshire community rehabilitation company helps offenders and drug users to find employment and training opportunities. Will the Minister continue to support its excellent work in breaking the reoffending cycle?

[Mr Gyimah]

Yes.