Prisons and Courts Bill

Andrew Selous Excerpts

2nd reading: House of Commons
Monday 20th March 2017 Commons Chamber

[Andrew Selous (South West Bedfordshire) (Con)]

I strongly welcome this Bill because it will help to improve the rehabilitation of offenders, which is at the heart of preventing more crime and keeping the public safe.

Prisons are the end of the line for maintaining law and order in this country, and we expect an awful lot of them. Of course, prevention is always better than cure, and we need to redouble our efforts in cracking down on the scourge of drugs, which so often leads to a life of crime. We also need to continue to provide more and more ladders of opportunity for people to engage in legitimate, worthwhile and rewarding study and work. Rehabilitation in prison cannot take place unless the environment is safe and secure, and it is absolutely right that those words appear on page 1 of the Bill.

If we are to reform and rehabilitate offenders and prepare prisoners for life outside prison, we need to focus on a number of areas. Many prisoners arrive in prison with serious mental health issues, and making sure that the very best mental healthcare is available for them must be at the heart of the prison regime. I welcome the moves towards joint commissioning so that prison governors are more involved with the mental healthcare being delivered within their prisons.

I was also delighted that the Secretary of State agreed to take forward the Farmer review, to keep prisoners’ family and other relationships healthy and strong where it is safe to do so. Some prisons, such as Parc in Bridgend, as we heard in the wonderful speech by the hon. Member for Bridgend (Mrs Moon), are already doing that work really well. If prisons are truly to be places of reform, we cannot ignore the reality that a supportive relationship with at least one person is often indispensable to prisoners’ ability to get through their sentence well and achieve rehabilitation. It is not only family members who can provide that. Other significant and supportive relationships can make a significant difference to the prevention of reoffending.

[Bob Stewart]

Huge advances have been made by Jim Davidson’s charity Care after Combat, which works with military veterans and is supported by the Government. To start with, more than 50 of its mentors have gone into prisons, been friendly with prisoners and put them on the road to really decent rehabilitation. It is a great charity, and I am very grateful for all the work it has done for the military.

[Andrew Selous]

I could not agree more with my hon. Friend. I have met Jim Davidson on a number of occasions, and I thoroughly commend the work of Care after Combat throughout the Prison Service.

Family work, which brings prisoners face to face with their enduring responsibilities to their families who are left in the community, is indispensable to the rehabilitation culture that we urgently need to develop in our penal system. I welcome the commitment by the Ministry of Justice to measuring the quality of prisoners’ relationships. At a very practical level, we know that enduring family relationships lead to many prisoners being able to access on release family accommodation that would be unavailable to them if those relationships had broken down.

[Kate Green]

There is a huge amount of consensus this evening about maintaining prisoners’ family relationships. Does the hon. Gentleman agree that a corollary of that is that family contact should not be removed as a penalty where other forms of sanction are available? It is unfair to the family members and it defeats the object, which he and others have talked about, of maintaining prisoners’ contact with their families.

[Andrew Selous]

I share the sentiments expressed by the hon. Lady, and my instincts are with hers. I have talked extensively to prison officers about the issue, and on occasions they have a relatively limited number of levers that they can use. I am with the hon. Lady, however. Family relationships are really important, and they are often powerful forces for good that can help prison officers to achieve what they are trying to achieve.

Accommodation is the base camp of rehabilitation, and we are unlikely to make any progress without it. It is concerning that some local authorities are, frankly, discriminatory towards ex-offenders. Ex-offenders should not be given preferential treatment, but neither should they be treated worse than others who seek accommodation.

I hope that Her Majesty’s Prison and Probation Service, as it will be called from 1 April, will look at the cost of prisoners phoning home. Many prisoners have mobile phones so that they can speak to their wives, husbands, partners and children. We need to make sure that prisoners have good access, for legitimate use, to affordable prison telephones. I am also a fan of the prison voicemail initiative, which is spreading in our prisons. A daughter managed to leave a message of her first violin piece for her father to hear on a prison voicemail, for example.

[Suella Fernandes (Fareham) (Con)]

On the issue of housing and released prisoners, does my hon. Friend agree that many prisoners struggle to get on to the housing list in various local authorities? How does he suggest we incentivise local authorities to consider in priority need those prisoners who have served their sentence and need a bit of support to prevent them from getting into homelessness?

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[Andrew Selous]

At the very least, we need fairness across the system. What concerns me is that some local authorities have a blanket approach of telling ex-offenders to wait a couple of years. My local authority, Central Bedfordshire Council, has a very good policy. It is concerned about antisocial behaviour, and it does not really mind whether someone is an ex-offender; it wants to know whether that person will be a good tenant. As long as they are a good tenant, the council does not discriminate against them. I think that that is a good and practical policy.

[Michael Tomlinson]

Does my hon. Friend welcome, as I do, the Third Reading in the House of Lords of the Homelessness Reduction Bill, in which there is duty on local authorities to provide advisory services to those who have been in prison? Does he welcome that excellent measure?

[Andrew Selous]

I very much do so, because so many of the other things that we want to do—improving prisoners’ education, getting them into work, keeping family links strong—depend, very naturally, on having somewhere to live.

I am concerned that offenders’ innocent family members are being unfairly and wrongly penalised by insurance companies either withdrawing insurance cover or making it prohibitively expensive. In some cases, this is happening while the offender is in prison, and it is hard to see how there could be an additional risk to the insurer with regard to the family home in such cases. The Ministry of Justice needs to make its views about this issue very clear to the Association of British Insurers. I am grateful to the Salvation Army for highlighting it in a recent edition of its magazine, The War Cry.

The previous Secretary of State was absolutely right to get an outstanding headteacher, Dame Sally Coates, to review prison education. We need much better baseline assessment of levels of literacy, numeracy and other key skills on arrival in prison, and a real determination not to waste a single day in prison in making progress on those areas. We also need a culture change so that prisons become places of education across the whole establishment. One of the ways to achieve that is through the much greater use of mentors—for example, with the Shannon Trust’s reading schemes, or by using numeracy schemes, such as one to one maths. Some of our best governors, such as Ian Bickers at Wandsworth, have accelerated this progress and formalised the mentoring arrangements with prisoners who have level 3 qualifications and are able to help other prisoners.

The Ministry of Justice is to be commended for realising the vital importance of making sure that prisoners leave prison with a job to go to. This is a huge challenge and we are a long way from achieving it, but no longer is purposeful activity just to be about keeping prisoners occupied, worthwhile though that is. Work and training in prison needs to be related to getting and keeping a job on release. I welcome the focus on prison apprenticeships. I hope there will be more properly focused release on temporary licence, as its decline from 529,000 instances in 2013 to 333,000 in 2015 is a great concern.

It would be good to have an update on how the Government and the wider public sector are doing with the Ban the Box initiative. Companies such as Boots, Barclays, Carillion, Land Securities, Ricoh, Virgin Trains and many others are leading the way. We need other firms to join them, and we need to bring employers who are not as enlightened up to the mark.

I am very pleased that the Bill does not alter the statutory provision for chaplaincy set out in the Prison Act 1952. Chaplains play an extremely important role in prisons, and recent research on Catholic prisoners found that over 90% trusted their chaplain. The cost of accommodation for clergy can lead to vacancies, and I hope that Churches will look at shared appointments, making use of existing clergy housing, or indeed invest further in housing for this important ministry. I am also extremely grateful to the benefactor who, at no cost to the public purse, has provided thousands of copies of the “Doing HIS Time” devotional guide for prisoners. Chaplains should be aware of this excellent free resource, which I believe will have a significant impact in our prisons and beyond, given the clear links between rehabilitation and redemption.

Prisons will be successful in achieving rehabilitation and preventing reoffending only if we have an effective probation service that is working hand in hand with our prisons. I welcome the implementation of the key worker role in prisons to help bring this about, and I hope that the probation service will look at the inspiring examples of what can be done by initiatives such as Jobs, Friends & Houses in Blackpool. It is an initiative between Lancashire police and Blackpool Council that provides construction skills training, accommodation, employment and friendship, as well as strengthening the wellbeing of those it serves in very practical ways. I have explained the model to the chief constable and police and crime commissioner in Bedfordshire, as well as to senior judges in Luton, and I hope that they will be inspired to establish a similar initiative in my own county.

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[Richard Arkless (Dumfries and Galloway) (SNP)]

I refer the House to my entry in the Register of Members’ Financial Interests: I am a non-practising solicitor, qualified in England and Wales, and in Scotland. I start by paying tribute to the people on the frontline of what some describe as a prison crisis—that is perhaps not the terminology that I would use in front of the Lord Chancellor. Our frontline prison officers have had to deal with the brunt of much of the under-resourcing, the psychoactive substances, and the violence in prisons. Everyone on both sides of the House should make it abundantly clear that we owe them a sincere debt of gratitude. As we go through the recruitment and upscaling processes, I hope that they will start to feel more wanted in their jobs, which will be crucial in allowing them to help us to develop a more rehabilitative society.

I will touch on a few of the contributions made in this excellent debate before I refer to one or two aspects of the Bill that are of interest to SNP Members. The Back-Bench contributions were kicked off admirably by the Chair of the Justice Committee, the hon. Member for Bromley and Chislehurst (Robert Neill), a gentleman I have grown very fond of in my less than two years in this House. When a Tory Chair of the Justice Committee is telling a Tory Front-Bench team that the situation is grim, we should all listen, but the hon. Gentleman’s tone was constructive, as always. He described some of the more progressive measures in the White Paper and the Bill as radical Tory proposals. I thought that they were moving in the other direction—towards progression—but nevertheless I completely take his point.

The hon. Gentleman also succinctly hit on a real political problem in prison reform: the climate of public opinion. There is a notion that it is unpopular to say—or that this implies that we are somehow soft on crime—that we are motivated to ensure that prisoners receive funding, rehabilitation and life advice when they come out so that they do not do the things that got them inside in the first place. If the Lord Chancellor is willing to take up that battle, she will get great praise from me. That is not an easy political decision to make, and I wish her all the best in fighting that political climate. If she can change it, I will be a fan.

My friend, in the sincerest form of the word, the right hon. Member for Delyn (Mr Hanson) outlined with his usual great clarity the statistics that corroborate the Chair of the Justice Committee’s assertion that the position is grim. He struck an excellent tone and was very constructive, which does not belie at all his two years as a prisons Minister. He made the point, as did the hon. Member for Leeds East (Richard Burgon), that just because we think that elements of the Bill could be improved, that does not necessarily mean that we do not agree with its general thrust. I can say on behalf of my party that we welcome, for the most part, the measures in the Bill.

The hon. Member for Stretford and Urmston (Kate Green), my fellow member of the Justice Committee, tackled one of the most difficult issues head on. She, unlike many, was willing to address the subject of prisoner numbers. Although we can beef up recruitment and beef up the number of prison officers, I agree that we should perhaps consider ways of not filling our prisons with people who are there needlessly. She spoke with great passion about the situation of women and those with mental illness, and I agree that there are so many people in prisons who should not be there and for whom it is not the right place to be rehabilitated. She is brave, and should be commended, for striking that tone.

The right hon. and learned Member for Harborough (Sir Edward Garnier), who is no longer in his place, made an excellent economic and moral case for our prisons being rehabilitative institutions. He said that the principles contained in the Bill are laudable, but he said that there is a difference between those principles and action to drive them through the operation of the prison estate. We will all have to face that challenge.

The hon. Member for Bridgend (Mrs Moon) is just retaking her place. If any Member did not hear her speech, I suggest that they look it up with haste. Her speech was incredible. She spoke of 69% of prisoners at Parc prison in Bridgend having regular family contact, with a 10% reoffending rate, as well as many other statistics. I propose to the Lord Chancellor that we scrap this Bill and devolve prison estate management in its entirety across these islands to the offices of the hon. Member for Bridgend. If we can do across the United Kingdom what Parc is doing, we will have made enormous progress in making our prison estate fit for purpose.

Perhaps the hon. Member for Shipley (Philip Davies) should visit Parc prison, which would be an incredibly enlightening experience. I would pay serious money to be a fly on the wall during that visit. He made a typically robust yet unusually brief contribution and, to be fair, parts of his speech were more balanced than perhaps his reputation would dictate. When he talks about those who assault prison officers being denied early release, it is very difficult to disagree with him. He does not say much with which I agree, but it is difficult to disagree with him on that. Our prison officers face the brunt of the consequences of austerity, as I would describe it, and should they face the brunt of this, too? They deserve more protection, and his proposal would certainly have my ear if it could provide that protection.

Finally, like my colleague and friend from the Justice Committee, the hon. Member for Banbury (Victoria Prentis), I pay tribute to the Minister for Courts and Justice for the interesting and comprehensive one-hour pilot of the digital scheme before the Committee last week. Like the hon. Lady, I was able to apply for divorce and issue an astronomical money claim to my wife at the flick of a button—I am sure everyone, not least my wife, will be delighted to learn that it was fictitious. One thing that occurred to me—[Interruption.] Perhaps the Minister will give me a wee bit of attention so that I can describe it to him.

There seems to be an opportunity relating to costs within the digital construction of case management files online—the legal profession will not thank me for saying that. One of the huge criticisms of the legal profession is that its costs can be inflated, but if we have a digital system in which we can see, step by step, what has happened in each and every case, it might act as a skeleton on which to base standard assessments for costs. The legal profession will not be delighted that I say that, but it strikes me as sensible to have that framework in place. If reduced costs are a consequence of digitising the courts system, I will be very pleased.

Part 1 of the Bill establishes a statutory purpose for prisons, with principles that should guide our administration of the prison estate, but the real issue in prisons, and it is not addressed in the Bill for understandable reasons, is the lack of resource and lack of staff. The Government are rightly embarking on a campaign to recruit 2,500 net new officers to the prison estate. I have heard various figures for what the gross figure would have to be to get to that net figure. It is somewhere between 4,000, as I think the Government have said, and closer to 8,000, as I have heard the hon. Member for Leeds East say on TV. I would like to know how we are getting on with that recruitment drive. I was intrigued yet worried to hear a statement from the Lord Chancellor in her opening speech, although I am sure it was erroneous, about the progress being made in the 10 prisons we have identified for additional staffing resource. Contrary to that position, we received a letter from the prisons Minister outlining that as at 31 December, six months into the recruitment drive, four of those prisons had lower staff numbers than they had six months before—High Down, Rochester, Hewell, and Wandsworth. In defence of Ministers, let me say that that position may well have been superseded in the 10 weeks that followed, but if that is the case I would be grateful for some clarity on it. I, as much as anybody, want these resources to be beefed up so that we can do the job properly.

One prison where things were static at the end of last year was Wandsworth, which I was lucky enough to visit with the Justice Committee slightly before this recruitment drive started. We did not need to spend long there before we became acutely aware of what the problems were. We had meetings with representatives of the inmates and of the officers, and when 15 convicted criminals are telling us, “We need more prison officers”, that is worth listening to. Clearly many people would think it would not be in these prisoners’ interests to have more prison officers, but these prisoners were being locked in their cell for 23 out of 24 hours and not getting visits. Their natural frustration at that was building up to cause many of the problems we have seen over the past few months.

I asked a question in the House a few weeks ago about the existing staff, because although it is clearly sensible to recruit more staff, we must consider what happens to the existing staff. Part of the estate has had a pay rise, but I ask the Lord Chancellor and the Ministers to consider what that does to the morale of the rest of the estate. The current discontent is not confined to certain prisons—it goes across the board entirely—so we must be very careful when we give incentives to one part of the prison officer population but not to others, as there may be a danger of exacerbating the problem. I say that all of them deserve a pay rise and all of them deserve their roles to be professionalised. It would be great to be updated on progress on that.

One point about prison numbers that I have not heard mentioned today but which is worth mentioning, because it has been raised by the Prison Governors Association, is that prisons have 500 fewer governors than they did seven years ago, as well as 7,000 fewer staff. Parts of the Bill rightly place more responsibility on governors. We have heard lots about the recruitment drive for officers and staff, but nothing about the recruitment drive for governors. Is there a drive to secure more governors, given the extra responsibility that this Bill will rightly bestow upon them?

The Bill extends to Scotland in the sense that it will create a framework for the reserved tribunals remaining in Scotland, and for the most part that means the immigration detention centres and tribunals we have in Scotland. In that context, we welcome these proposals, but Scotland is a smaller jurisdiction and we do not have the same claims management culture that seems to prevail in England and Wales. We have not had the same problem in our prisons that England and Wales has had, but it is not in our interests for the situation there to continue to be exacerbated, and we wish the ministerial team all the best in dealing with it.

In Scotland, Her Majesty’s chief inspector of prisons for Scotland is responsible for the monitoring of Scotland’s 15 prisons, and during 2016 the inspection found that Scotland fulfils its responsibilities to a high degree. The Scottish Prison Service has a bold and ambitious vision to unlock the potential of everyone in prison and transform their lives. Its stated intention is:

“Providing services that help to transform the lives of people in our care so they can fulfil their potential and become responsible citizens.”

Given the contributions I have heard today, I believe most people will agree with that. I have also had the privilege of visiting Dumfries prison in my constituency, and I cannot emphasise enough the difference between what I saw at Wandsworth and what I saw at Dumfries. Dumfries prison does not have the category of dangerous prisoners or the population that Wandsworth prison has, but it is sufficiently resourced and all the staff there are completely motivated to transform the lives of the prisoners. I can only describe the prison officers at Wandsworth as ashen-faced. It was as if they had lost hope. The Justice Committee was there with them, but they did not see it as an avenue for change. They felt they were in a hopeless situation. I know, though, that Ministers acknowledge that.

The Scottish National party does not agree with the principle of private prisons, which we think are for profit and not for public safety. The Justice Committee has heard evidence from the governors of private and public prisons, and I have been struck by the differences. The governors of private prisons are bound by contracts and are not motivated in the slightest to come before the Committee and explain that they are having problems.

[Andrew Selous]

I am not sure whether the hon. Gentleman is aware, but the prison he has just praised to the rooftops is privately run by G4S.

[Richard Arkless]

I was not aware of that, but it seems like my friend the hon. Member for Bridgend and her constituency team are running that prison, not G4S. I doubt whether such enlightened and progressive policies would have come from the G4S boardroom; they are much more likely to have come from the hon. Lady. I do not seek to be contentious, though, and if that is the case, I stand to be corrected. I have suggested that the Justice Committee examine the effectiveness of private prisons vis-à-vis the public sector, because it is a legitimate question. If the hon. Gentleman is correct and I am mistaken in my view, such an inquiry will bring out the details. I look forward to the point at which we can have a reasonable, constructive, politics-free discussion.