Oral Answers to Questions

Debate between Alan Mak and Rory Stewart

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.

Oral Answers to Questions

Debate between Alan Mak and Rory Stewart

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.

Prisons (Interference with Wireless Telegraphy) Bill

Debate between Alan Mak and Rory Stewart

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

[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.