(5 years, 4 months ago)
Commons ChamberUrgent 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.
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The hon. Gentleman behaves as though this is somehow a new piece of information that has come to light. In fact, this is a very old piece of news, dating back to 2013-14, that has a very long tail. The SFO has conducted a very complex investigation into the fraudulent aspects of this behaviour, but in 2013-14 there was a vigorous effort on the part of the Government to investigate what Serco was doing and how it was managing these contracts that led to significant cultural change.
I am afraid that all we have heard today is a predictable ideological tirade of hostility towards the role that the private sector plays within our justice system, and it simply does not stand up to scrutiny. The hon. Gentleman raises the spectre of Carillion once again. Carillion was a very different affair; it cannot be compared at all with what is going on with Serco.
The hon. Gentleman also makes a point about the Under-Secretary of State for Justice, my hon. Friend the Member for Charnwood (Edward Argar), who has no Serco contracts within his ministerial responsibility—that is a complete red herring. The Ministry has already begun an audit into the contract for prisoner escort and custody services that Serco currently holds. We took action back in 2013-14, and this has transformed not just how the Ministry of Justice conducts its private sector contracts, but Government as a whole. We are confident that the ongoing work will ensure that we continue to deliver high-quality services at the best value for the taxpayer.
Is the Minister aware of whether any of the people involved in the original wrongdoing are still associated with the company?
I am not aware of any potential individual prosecutions arising from this investigation. What I can say is that, since the point of this investigation commencing, Serco has had a complete overhaul of its senior executives: it has a new chief executive officer, a new chief financial officer, a new chairman and an entirely new board. Serco has had a thoroughgoing overhaul and now recognises what went wrong in the past.
(5 years, 5 months ago)
Commons ChamberWe want to strengthen partnership working between probation and local partners, including local authorities and police and crime commissioners, and the future probation model announced on 16 May will better enable this with a new regional structure led by regional directors responsible for the delivery and commissioning of probation services. They will work with local partners to identify shared priorities and co-commission services that will better support the management of offenders in the community.
Will the Secretary of State commit to exploring co-commissioning so that probation can leverage in wider funding and serve common needs?
The short answer is yes. Our plan is to create a dynamic framework for the commissioning of resettlement and rehabilitative intervention opportunities. To complement this, we will ring-fence £20 million a year in an innovation fund to attract match funding from other Departments and commissioning bodies for innovative cross-cutting approaches.
(6 years ago)
Commons ChamberIn order to deal with drones, we need to focus on electronic interference with and electronic interrogation of drones. We also need better intelligence systems, but in the end, a drone is just a delivery system; it is a way of getting things into a prison. Better grilles, better netting and better processes with prison officers to ensure that we inspect the yards will be central, whether we are talking about drones or throw-overs.
I thank the Minister for that advice. Drones are undermining the effectiveness of a number of our prisons. Does he agree that on top of what he suggests, we should be working with the manufacturers of drones, to ensure that they are helping to keep criminals under control?
Absolutely. There is much more that we could do with the manufacturers of drones. Drones contain geo-fencing equipment, which prohibits them going over civil aviation space, for example. We can do more there, but we cannot just rely on software. In the end, good intelligence and good processes and procedures in prisons are the real guarantee against drones bringing in drugs.
(6 years, 4 months ago)
Commons ChamberFirst, my right hon. Friend the Lord Chancellor announced this morning an additional £16 million to invest in decency—that is, bringing cells back into operation that have been taken out and making sure that the basic fabric is repaired. However, the most important thing is the building of 10,000 new prison places, beginning with Wellingborough and Glen Parva and moving on, to provide exactly the decent conditions that the hon. Lady raises in her question.
On Friday, we had an important debate in this House about telephony in prisons. On the back of that debate, will the Minister set out what more we are doing to tackle drugs in prisons?
Tackling drugs in prisons involves dealing with how the drugs get into the prison—either over the wall or on a person—the demand in the prison and the way that we search people within the walls. All these things need to be done simultaneously—supply, demand and searching—and the key to this is training, training, training.
(6 years, 4 months ago)
Commons ChamberIt is a great pleasure to talk on this Bill, which I fully support. This issue first came to my attention when I was working at the Centre for Social Justice, where I was director of policy from 2012 to 2016. We wrote a report while I was there called “Drugs in Prison”, which looked at how we might remove these toxic and addictive substances from the prison estate. We wanted to examine how prisons could protect the public and punish offenders through the deprivation of their liberty, but could also help prisoners to rebuild their lives. This Bill contributes to all three of those work-streams. I congratulate my hon. Friend the Member for Lewes (Maria Caulfield) on introducing it and my right hon. Friend the Member for Tatton (Ms McVey) on having started the whole process. It was also good to hear the hon. Member for Ashfield (Gloria De Piero) supporting the Bill; it is always a pleasure to be in the House when there is cross-party support for something that, as I believe to be the case here, contributes to the cause of social justice.
This is a series of measures that can protect the public. It is utterly unacceptable that people in prison should be able to continue their criminal operations from behind bars. At an earlier stage of the Bill, the Minister referred in true literary form to the passing of messages scribbled on silver through the bars of a prison in “The Man in the Iron Mask”. These days, it is possible not only to pass messages but to take orders on the internet, control our banking activities and really run our lives from our mobile phones. How many of us do not do that? We are failing to protect the public by failing to disrupt criminal activity in this way, and failing to deprive people of their liberty. So much activity can be conducted through mobile phones, and we will not be fulfilling what the public expect of a prison sentence if we continue to allow people unfettered access to the internet while in prison.
That said, I firmly take on board what my hon. Friend the Member for Banbury (Victoria Prentis) said about the Farmer review and the importance of allowing people to stay in touch with their families. That is unquestionably important. I have a number of young people in my constituency with parents in prison and, having spoken to their teachers, I know how important it is for them to be able to stay in touch with their fathers. However, this cannot be used as an excuse to give people in prison 24-hour access to the internet. The public would not expect that, and I am sure that people who have been sent to prison would not expect it either. There is a balance to be struck, and I believe that the powers in the Bill will give us the potential to do that.
That is of course only one part of the picture. Our research into drugs in prison at the Centre for Social Justice was headed up by a former prison governor from Liverpool, Alan Brown. He showed us an extraordinary number of ingenious ways in which people could bring illicit substances into prison, sometimes using mobile technology and sometimes not. I remember him describing how one prisoner had been found building a catapult out of rubber gloves. He had tied many yellow rubber gloves together and then propelled a heavy object connected to a fishing line from his cell window over a tree branch. It landed on the ground, and one of his counterparts out on the street attached a parcel of drugs to the fishing line, which was then reeled in. We also saw examples of drone activity, and I remember one former prisoner describing how he had cut a hole in the side of his mouth in order to create a pocket in which to smuggle drugs into prison. All these examples remind us just how ingenious our prison population is.
I am hearing from prison officers that one of the most ingenious ways of smuggling drugs into prisons at the moment is to soak the pages of books and letters in drugs. The prisoners lick the drugs off later when they are back in their cells.
Edible books! That is extraordinary. I have not heard that example before.
There are many ingenious ways of bringing drugs into prisons, and we know how extraordinarily disruptive they are to prisoners’ lives. A large number of people take drugs for the first time in prison, and the amount of Spice—the recently criminalised new psychoactive substance—in prisons has rocketed in the past few years. That is damaging not only prisoners but prison officers, who often inhale the odourless fumes as they go around on their watch. These substances actively destroy people’s chances of rehabilitating when they are in prison. In many cases, they create or cement addictive behaviours, which then carry on when the person leaves prison, destroying their chances of being able to move into work. Being able to tackle telephony in prisons is one important way in which we can start to disrupt this trade and so give people in prison more hope that they will be able to turn their lives around on release.
Yes, my hon. Friend is absolutely right about that. The ability to load software such as virtual private network software on to a telephone, to use WhatsApp, which is encrypted, and to communicate with people anywhere in the world while being able to disguise one’s own identity and geographical position presents enormous challenges for those who are trying to make sure that prison is a disciplined place that protects the public from the activities of those within it.
It is extraordinary that going to prison is really only a nuisance, and that if people have access to the right technology, they can carry on from inside prison in exactly the same way as they carried on outside, with only minor inconvenience. We should not allow that. We can see from the statistics—13,000 phones were seized in 2016, going up to 23,000 in 2017, as my hon. Friend the Member for Lewes said, with 7,000 SIM cards seized—that this is a real and pressing problem that we have to deal with now.
Why do we need this change to the law? Essentially, the existing law, as I understand it, enables governors to interfere with specific devices, but we are always playing catch-up. We do not know what technological advances are likely to come in future; we simply know that they will come, and we need to be in a position to address them as and when they arise.
Let me address briefly some of the objections to the Bill that are germane to some of the issues we have been discussing. Having practised at the Bar, I am particularly sensitive to some of them. My hon. Friend the Member for Banbury (Victoria Prentis) mentioned the important rehabilitative aspect of communication, but it is important that we see communication between prisoners and their families as distinct from their having mobile phones; the two are not the same thing. Prison must, of course, be a punishment and it must protect the public, but having represented people over the years, I have seen countless examples of people who go into prison, meet people and learn more criminal skills there, and come out and continue their criminal activity.
On families staying in touch when a family member is behind bars, does my hon. Friend agree that it is extremely important to maintain personal, physical contact? Being able to make weekly or daily calls is great, but it is hugely important for people to spend physical time with their child, and too often that is not available.
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.
My hon. Friend is making an extremely powerful speech. May I raise a practical point? I imagine that people living or working near prisons may fear that this change will reduce the quality of the signals in their houses or businesses. What reassurances can my hon. Friend give?
That is a fundamental question, and I am pleased that my hon. Friend has asked it. It is, in fact, addressed both in the 2012 Act and in the schedule to the Bill. In the schedule, new subsection (4A) provides for the Secretary of State, in authorising the mobile telephone company—the mobile network operator—also to place an obligation on that operator not to interfere with the communications of individuals outside the prison walls, and to require the operator to take remedial action if any such interference should take place. That is a very good challenge.
My hon. Friends the Members for Torbay and for Witney also raised other issues, such as encryption and the potential setting up of a wi-fi network within the prison walls. That is not always easy. I assure Members that whenever we try to put wi-fi into a prison, we find that 150-year-old Victorian walls make it almost impossible to get a signal into it. On the other hand, criminals can often be extraordinarily entrepreneurial and ingenious in getting around problems that may defeat our engineers.
At the core of this, however, is not simply a question of technology. Let us return to the question of the four purposes of prison, and let us return in particular to the question of retribution. The key idea of retribution in relation to the mobile telephone is the idea that you are punishing a criminal for a crime that he committed in the past. As was suggested by a number of learned Members, that is a fundamental philosophical principle relating to the nature of the rights of that individual.
As Immanuel Kant pointed out, the individual should, as a matter of rational logic and a categorical imperative, be treated only as an end in himself, not as a means to an end. In other words, we should not be punishing individual A in order to change the behaviour of individual B. We should not even be punishing individual A in order to change the future behaviour of individual A. As Kant argues, the retributive punishment should be directed only towards the historical action of the individual, and should relate only to that historical crime. Kant is therefore arguing that neither deterrence, which is punishing individual A in order to affect the behaviour of individual B, nor rehabilitation, which is punishing individual A in order to affect the future behaviour of individual A, is a valid form of punishment.
Those Members who advanced utilitarian arguments were making a completely different set of points. Their arguments were, in fact, arguments about society more broadly. They were suggesting that what matters is not the historical action committed by the individual, but society as a whole, and the future consequences. They might well argue that what matters is not what the individual did in the past—that has happened, and there is no point in crying over spilt milk—but how we change society in the future. How do we ensure, through the punishment that we inflict on this individual, that this individual does not go on and reoffend? How do we ensure, through the punishment that we inflict on this individual, that others are deterred from committing a crime?
In that fundamental clash between a Kantian deontological world view focused on the rights of the individual and the dignity of the individual, and a consequentialist or utilitarian argument in which the individual may suffer for the greater happiness of the greater number, we have something that cannot be resolved in this Chamber, because such fundamental values and principles are beyond the ability of this Chamber to resolve. All we can try to do—through the media, through civil society, through Parliament, through legislation—is listen to these types of debate, understand them and articulate them, but we can never fully resolve them. That is why this legislation needs to be able to contain a powerful and enormous element of flexibility. As technology changes and this device—this mobile telephone that I am now holding up—becomes more powerful, as the ways in which 4G or 5G technology emerge, as my hon. Friend the Member for Havant (Alan Mak) points out, and as social attitudes towards punishment, crime and indeed social attitudes towards mobile telephones change, we need legislation that can keep up with that change. A day may come when some elements of the speech made by my hon. Friend the Member for Banbury, where she emphasised the centrality and normalcy of this phone in our everyday family lives and especially in the lives of our children, may begin to predominate over the kinds of argument made by my hon. Friend the Member for Croydon South.
That is an interesting question, and the answer is that, as currently drafted, this word “authorise” means exactly that: it is giving legal permission. The anxiety of the mobile telephone companies would be that without that authorisation, were they to conduct these operations they would be in breach of Ofcom regulations and ultimately in breach of article 8 of the Human Rights Act 1998. Under this legislation therefore, all we are doing is saying to a willing mobile telephone company that, should it voluntarily wish to work with us, this gives it the authority to do so.
My hon. Friend the Member for Croydon South has raised an interesting point, however. What would happen if the mobile telephone company were to turn round and refuse to comply? To some extent that is hypothetical, because we have not yet encountered a mobile telephone provider that is not prepared to work with us on this, for a range of reasons. The mobile telephone companies’ relationship with Ofcom and the Government is complex, deep and interlinked, and they generally wish to retain the goodwill of the Government. It is also true that in some cases we would have a commercial contract with a mobile telephone company to undertake this work, so it would have a financial interest in working with us. Hypothetically, however, it remains the case that under this legislation, a mobile telephone company would be able to refuse to provide the service. We do not believe that it would do so, but my hon. Friend is absolutely correct to say that, theoretically, it could do so under this legislation.
Has my hon. Friend’s Department received assurances from the major providers that they are happy with the legislation as it stands and that they intend to work with the Government in the future?
Yes, the Department works closely with the major providers and our understanding at the moment is that they are all willing to work with us in line with this legislation.
I shall move towards a conclusion, and I shall try to end within the next three minutes. I want to move quickly through the Bill, and to clarify matters for hon. Members before they vote on it. In proposed new subsection (2B), “preventing the use” and “detecting or investigating the use” are the key purposes to which this authorisation can be put. In other words, the point of this is to ensure that we can prevent someone from using their mobile telephone, that we can find their mobile telephone, and that we can work out what they are doing with it.
Proposed new subsection (2C) will probably trouble, confuse, amuse and perplex a number of Members. It states that an authorisation may be given in relation to
“one or more relevant institutions…one or more kinds of relevant institution…or relevant institutions”.
Even a very learned and distinguished colleague such as my hon. Friend the Member for Banbury might struggle to work out why on earth we are distinguishing between those three categories. Perhaps she would like to intervene on me at this point. The answer is that parliamentary counsel is trying to provide for the possibility of our giving authorisation to, for example, two prisons in the adult male estate, such as Brixton and Wandsworth, or to two kinds of prison, let us say a young offenders institution such as Feltham and an adult male institution such as Brixton. Alternatively, we might wish to give a more general authorisation to all institutions of the relevant kind—for example, all the young offender institutions in the country or all the adult male institutions in the country. This is a perfect time for my hon. Friend the Member for Banbury to intervene on me.
(7 years ago)
Commons ChamberThe reoffending rate for community sentences has been coming down since 2005. The latest figures show that 34% of adults given a community order or a suspended sentence order go on to reoffend. This evidence shows that community sentences are more effective at reducing reoffending than short-term prison sentences are.
I very much welcome the figures that were published on Thursday showing that recidivism was coming down for people on community sentences. However, about a third of people on community sentences do still reoffend, so will the Secretary of State consider the “swift and certain” programmes in the United States that have had considerable effect in reducing recidivism?
I am certainly keen to learn from best practice not just in the United States but in other jurisdictions around the world. What was striking about some of last week’s figures was that they showed that offenders who underwent drug or alcohol treatment in this country showed a 33% reduction in the number of offences they committed in the following two years. That is a lesson we can learn from.
(7 years, 2 months ago)
Commons ChamberI am grateful to you, Mr Speaker, for the opportunity to speak in this historic debate. It is getting late and a good many of the issues that need raising have been raised, but I would just like to return to a few of them.
I rise to support the Bill for one very good reason: it is the sort of Bill most of my constituents would like to see. They voted overwhelmingly to leave the EU and, like me, they want us to leave in as orderly a fashion as possible. The Bill ensures that we do not create legal black holes and therefore grand uncertainty for employers, employees and investors. It allows future Parliaments to amend all laws as they see fit and, in that sense, allows Parliament to become sovereign again. It is adaptable to the inevitable uncertainties of the Brexit process. The Bill achieves all that, and it is to the credit of the Government and of officials that they have managed to do it under tight time constraints.
There are some reasoned and principled objections to the Bill and to how it has been presented. It is clear that parts of the House will require guarantees over the so-called Henry VIII powers. As my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke) mooted earlier, that might be possible if the Government set a legal limit on their ambitions. That said, we must not in our admirable quest for parliamentary scrutiny forget that this is a fiendishly complex transfer of legal powers the like of which this House has never seen. For that reason, we must afford the Government a degree of plasticity. We do not yet know how the final deal will turn out or when it will be available to the House. The Bill must be adaptable to permit that process to proceed as best it can and to allow for a multitude of outcomes.
Getting that give and take on particular clauses and powers will take time. If the House finds that it does not have enough time in Committee, it must have more. Call me boring, Mr Speaker, but I was a bit disappointed when the House did not sit past five on Thursday—it was very sad to see such big beasts manacled by a five-minute time constraint. I heard the Father of the House rightly pooh-pooh the Blairite family-friendly hours under which we labour. Family friendly? Is someone yanking my chain? Which of us in the Chamber today gets to put our children to bed of a night as it is? We should carry on sitting until our work is done; if we have to sit late, if we have to sit some Fridays, if we have to think about the length of recess, we must. The importance of getting the Bill right goes beyond those concerns. This is a job that requires sacrifice.
It is my firm belief that this Bill can be got right. I know that Members opposite feel the same, because in all the hours of debate that we have had none of them has been able to raise a serious reason why it should be voted down on Second Reading.
This debate is about not if but how we leave the EU. I was elected to this House very recently to speak up for my constituents, not as a spectator. I want Parliament to take control, stand up for democracy and protect parliamentary sovereignty.
I thank the hon. Gentleman for that intervention.
I know that Opposition Members feel the same as me, because they have not raised a single meaningful reason why the Bill should be voted down. As my right hon. Friend the Member for West Dorset (Sir Oliver Letwin) said on Thursday with a logician’s concision, to say that we will oppose the whole Bill because we disagree with a few clauses is a non-sequitur. If we go hunting for the sequitur, however, I believe that we can find it in the admirably principled intervention made by the right hon. Member for Don Valley (Caroline Flint) earlier. The truth is that if the Bill were to fail tonight it would be very difficult to bring it back. The Government would have to introduce a new Bill in a new Session, or this one would have to be reintroduced in a suitably different form so as not to fall foul of the same-question rules. In short, voting this Bill down runs the risk of having no Bill. It runs the risk of legal black holes, of terrible uncertainty, and of investor panic and economic shock. That is what the Opposition will be voting for tonight.
I will go further than that. The Opposition Front Benchers know full well that if they defeated the Government they would not stop there; they would try to bring the Government down. The Opposition wish to vote this Bill down tonight because they know that defeat on such a central piece of legislation might cause the Government to fall. That is their motivation—nothing more, nothing less. The shadow Secretary of State does not want the Government to go back to the drawing board, he wants the drawing board for himself. He says that he wants the article 50 process to succeed. I believe him, but I do not believe that he wants this Government to succeed in doing it. I believe that he will put the interests of his party above the interests of the country in that regard. If he succeeded in his aims, he would do so only after a period of terrible turbulence for the country and after a terrible loss of time—and time, right now, is a terribly precious commodity. He says that he sees this not as a great repeal Bill but as a great power-grab Bill. Well, that is certainly the purpose for which he intends to use it. He is accusing Government Members of that of which he is guilty. I ask him to do the honourable thing and to put his political ambitions on ice for the purposes of the vote tonight so that this House can move more quickly to a detailed discussion of the essential clauses within this Bill.