Commercial Governance

Andrew Selous Excerpts

Monday 14th March 2016 Written Statements

[The Parliamentary Under-Secretary of State for Justice (Andrew Selous)]

Yesterday the press reported allegations that former employees of the Ministry of Justice have behaved improperly and that knowledge they may have acquired while working for the Department has been used to gain a competitive advantage.

We take all allegations of impropriety extremely seriously. We have launched an immediate investigation to ascertain the facts, which the Cabinet Office’s Proprietary and Ethics team will support.

The rules around former civil servants taking up employment in the private sector are made very clear when they leave. Under no circumstance should they exploit privileged access to Government contracts or sensitive information which could be used to influence the outcome of commercial competitions.

Let me also add, that over the last six months, we have improved our commercial capability, more than doubling the senior commercial experts monitoring work with the private sector. But we know there is still more to do.

I will update the House once our investigation has been completed.

[HCWS619]

England and Wales Prison Service Pay Review Body Report

Andrew Selous Excerpts

Tuesday 8th March 2016 Written Statements

[The Parliamentary Under-Secretary of State for Justice (Andrew Selous)]

The fifteenth report of the Prison Service Pay Review Body (PSPRB) (Cm 9206) has been laid before Parliament today. The report makes recommendations on the pay for governing governors and other operational managers, prison officers and related support grades in England and Wales in 2016-17. Copies are available in the Vote Office and the Printed Paper Office.

I am grateful to the chair and members of the PSPRB for their hard work in producing these recommendations.

The recommendations for 2016-17 will be implemented in full.

[HCWS592]

Oral Answers to Questions

Andrew Selous Excerpts

Tuesday 8th March 2016 Commons Chamber

[Stephen Hammond (Wimbledon) (Con)]

18. What progress his Department is making on plans to ensure that more prisoners obtain employment after release.

[The Parliamentary Under-Secretary of State for Justice (Andrew Selous)]

I hope you will allow me, Mr Speaker, to express on behalf of the whole House our utter disgust at the attempted murder of a prison officer in east Belfast on Friday. I am sure that prison officers throughout the United Kingdom will join us in wishing him a full recovery from his injuries.

I meet regularly with businesses and trade bodies to talk about the benefits of employing offenders on release. Following the Prime Minister’s announcement of changes to recruitment practices for the civil service, to give offenders a fair chance of a job, I am keen to encourage all employers to “ban the box” when recruiting.

[Michael Tomlinson]

May I associate myself with the Minister’s initial remarks?

Given the reoffending rates of those who leave prison and manage to secure employment—the evidence shows that fewer than half reoffend, compared with those who do not secure employment—will the Minister support initiatives such as the excellent Footprints project in Dorset, which provides help and mentoring through its team of volunteers? Will he ensure that such projects operate a clear and transparent process of referrals from the new community rehabilitation companies?

[Andrew Selous]

I warmly commend the important work that Footprints is doing in Dorset. I want to see greater use of the voluntary sector, and an increased focus on offender employment on the part of CRCs. I made those points to CRC leaders only last week.

[Oliver Colvile]

As a member of the Northern Ireland Affairs Committee, I, too, wish to associate myself with the Minister’s initial comments.

How can we ensure that prisoners do not become institutionalised as a result of seeing prisons as “safe havens”, rather than rebuilding their lives once they have been released?

[Andrew Selous]

My hon. Friend has raised an important point. We need to help prisoners to take responsibility for their lives, and that includes helping them to find legal work in order to support their families. I believe that the Prime Minister’s announcement that we will measure employment outcomes for prisoners will drive further progress.

[David Mackintosh]

Will my hon. Friend join me in welcoming the work of Goodwill Solutions in Northampton, which is running a “back to work” programme that is helping ex-offenders, homeless people, those with substance dependencies, and vulnerable young people to secure training and employment in the logistics sector?

[Andrew Selous]

I certainly welcome the work of Goodwill Solutions in my hon. Friend’s constituency, but the truth is that we do not have labour shortages only in the logistics area. We have them in construction, engineering, catering and many other areas, which is why I am very ambitious about increasing offender employment.

[Stephen Hammond]

As was noted by my hon. Friend the Member for Mid Dorset and North Poole (Michael Tomlinson), the key to rehabilitation is employment, and the key to employment is training. What is the Department doing to encourage all employers to take an interest in training inside prisons, in order to help offenders to find employment?

[Andrew Selous]

That is an extremely important point. The model that I like best is that of the Clink restaurants and the Timpson, Halfords and Aramark academies, which offer demanding work and training in prison and a job and ongoing support on release. It works: I call it the gold standard. Clink graduates, who probably include some of my constituents, are now working at some of London’s top hotels and restaurants.

[Helen Jones (Warrington North) (Lab)]

May I, on behalf of Labour Members, associate myself with the Minister’s remarks about the prison officer who was so severely wounded in Northern Ireland?

We have heard the Minister make a commitment to providing education and employment for prisoners, but surely he is aware that the shortage of prison officers is causing many prisoners to be locked in their cells for long periods, unable to gain access to education and training opportunities. Will he commission a report from within the Department on the impact of staff shortages on prisoners’ education and employment, given that, as many have pointed out, the best way of ensuring that people do not reoffend is to get them into jobs?

[Andrew Selous]

The hon. Lady has made a valid point. The good news is that last year we appointed 2,250 prison officers—that is a net increase of 440—and we will continue to recruit the prison officers whom we need.

[Greg Mulholland (Leeds North West) (LD)]

Employment is the single biggest factor that prevents reoffending, and I remind the House of the excellent changes that were made under the coalition Government in 2012, but will the Minister update us on what cross-departmental work takes place? This is a process that must start within the prison system but must continue afterwards, and that is obviously the job of the Department for Work and Pensions.

[Andrew Selous]

I can tell the hon. Gentleman that there is indeed some very good cross-departmental working. The Social Justice Cabinet Committee takes the issue very seriously, and I have had outstanding help from the Employment Minister, who has been extremely supportive. We have been given plenty of practical help by the DWP, the construction industry and training organisations. Buses are sent into prisons so that prisoners can complete their construction skills certification scheme cards, and sewing machines have been bought so that they can use them after their release.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

Following on from the question from my hon. Friend the Member for Warrington North (Helen Jones), what is the Minister’s assessment of the impact of overcrowding on educational opportunities for offenders?

[Andrew Selous]

What I can say to the hon. Lady is that we are building a prison estate that is fit for purpose. The Chancellor has just given us £1.3 billion to build nine new prisons, we are opening two new house blocks and we are about to open HMP Berwyn in February next year, so we are in the process of building a fit-for-purpose prison estate.

[Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)]

6. What steps he is taking to reduce the number of women in prisons.

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[Alex Cunningham (Stockton North) (Lab)]

14. What steps he is taking to ensure the safety of prisoners and staff on the prison estate.

[The Parliamentary Under-Secretary of State for Justice (Andrew Selous)]

We are committed to running safe and decent prisons, and are taking action to improve this. We are trialling the use of body-worn video cameras, and the Psychoactive Substances Act 2016 introduces new offences to control supply and possession. We recognise that our prisons need reform, and there is still much more to do to ensure that prisons are places of decency, hope and rehabilitation.

[Alex Cunningham]

I have a large prison in my Stockton North constituency, and prison officers there tell me of an increasing threat of violence, with the latest figures showing that the number of serious assaults on prison staff is up 48% in a year. They blame staff cuts and increased substance misuse. What does the Minister blame? What does he want me to tell prison officers in my area? Do his plans include granting academy status to Holme House?

[Andrew Selous]

The hon. Gentleman can tell his prison officers that all violence within prison is a crime. We strive to eradicate it, and it is wholly unacceptable. We take it very, very seriously. As I told the hon. Member for Warrington North (Helen Jones) a moment ago, we appointed 2,250 extra prison officers last year—a net increase of 440—and we will carry on recruiting. Really importantly, we will be testing for new psychoactive substances throughout every prison next month, and that will make a significant difference to the important issues that he raises.

[Yvonne Fovargue (Makerfield) (Lab)]

15. What steps he plans to take to ensure access to justice does not depend on the ability to pay.

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[Dr Daniel Poulter (Central Suffolk and North Ipswich) (Con)]

T3. Pilot studies into critical time interventions for released severely mentally ill patient prisoners have shown promising results in improving care for people released from prison with severe and enduring mental illness. They have also helped to cut reoffending rates. Will the Minister meet me and the team who helped to put this important work together to look at the potential for rolling out a national scheme?

[The Parliamentary Under-Secretary of State for Justice (Andrew Selous)]

I would be delighted to meet my hon. Friend, who is a distinguished former Health Minister, to discuss this important matter. As he might know, although mental health provision on release is provided by our health partners, probation staff work with health colleagues as part of their Through the Gate resettlement service, making sure that offenders access appropriate services and liaising with prisons and community mental health services.

[Andy Slaughter (Hammersmith) (Lab)]

My hon. Friend the Member for Wirral West (Margaret Greenwood) referred to the short and very clear recent judgment by the Court of Appeal, which said that the evidence criteria for accessing legal aid by domestic violence victims were unlawful in two important respects—something the Government have been told ever since the law was passed four years ago. The Secretary of State has had enough time to consider the matter. On International Women’s Day, will he tell us what he will do in the light of the Court’s ruling?

--- Later in debate ---

[Andrew Selous]

I welcome my hon. Friend’s continued focus on this important issue. As the Prime Minister said in his speech on 8 February, we believe in humane treatment and care. In our work in prisons we are going to give prison governors more say in this area, and we are going to move towards full co-commissioning for governors with NHS England, meaning that prison leaders can have more of a say in defining what kinds of services prisoners need and the budgets available for them.

[Mr Graham Allen (Nottingham North) (Lab)]

T2. Will the Secretary of State welcome back, after her long illness, my hon. Friend the Member for Bristol West (Thangam Debbonaire)? Will he also consider giving the House a report on the Peterborough prison experiment, where a social impact bond involved voluntary and private sector investors to reduce the amount of recidivism in prisons? May we please have a report on how that is going?

[Sir David Amess (Southend West) (Con)]

T8. My constituent Mr Tony Conti was convicted last November of fixing LIBOR when he worked for Rabobank. Given that the US established the international prisoner transfer programme in 1977 to make it easier for foreigners who are convicted to return to their country of origin, will my hon. Friend consider such a transfer for my constituent?

[Andrew Selous]

I have listened carefully to what my hon. Friend has said, and we will give careful consideration to any transfer application from his constituent that is referred to us by the US authorities.

[Stephen Timms (East Ham) (Lab)]

T5. It surely cannot only be Opposition Members who are dismayed that, to quote the Lord Chief Justice again: “Our system of justice has become unaffordable to most.”Has the Secretary of State discussed this dreadful situation with the Lord Chief Justice, and is there a plan to do something about it?

Justice

Andrew Selous Excerpts

Tuesday 23rd February 2016 Ministerial Corrections

[Michael Gove]

I thank my hon. Friend for the work he did as Deputy Mayor of London, when he was responsible for policing and crime and made a significant contribution to reducing knife crime on our streets and in deploying the Metropolitan police more effectively. I think all of us would agree that prisons and probation cannot work effectively unless there is a close working relationship with the police service. However, I would caution against making a change at this point of the kind my hon. Friend suggests. It is a fascinating idea, and it has been put to me by others whom I respect, but we are just 12 months into the transforming rehabilitation programme initiated by my predecessor, and it is only appropriate that we acknowledge that that programme has already seen an increase in the number of frontline probation staff, again of more than 500.

[The Parliamentary Under-Secretary of State for Justice (Andrew Selous)]

We have created the National Probation Service, and I should tell Members that 19 of the 22 CRCs are being run with a staff mutual or a voluntary, charitable or social enterprise sector body alongside their owners. We monitor their performance very carefully indeed, and the October 2015 performance figures showed that we are advancing in performance in almost all areas. South Yorkshire CRC has developed an action plan to deal with the issues it faces, but I can tell the House that no CRC is in a formal remedial plan. I can also tell the House that there are 560 more probation officers than there were 12 months ago. That is the largest intake of newly qualified probation officers for some considerable period.

[Official Report, 27 January 2016, Vol. 605, c. 376.]

Letter of correction from Andrew Selous:

An error has been identified in the response I gave to the Opposition day debate on Prisons and Probation.

The correct response should have been:

[The Parliamentary Under-Secretary of State for Justice (Andrew Selous)]

We have created the National Probation Service, and I should tell Members that 19 of the 22 CRCs are being run with a staff mutual or a voluntary, charitable or social enterprise sector body alongside their owners. We monitor their performance very carefully indeed, and the October 2015 performance figures showed that we are advancing in performance in almost all areas. South Yorkshire CRC has developed an action plan to deal with the issues it faces, but I can tell the House that no CRC is in a formal remedial plan. I can also tell the House that there are 560 more probation staff than there were 12 months ago. That is the largest intake of newly qualified probation officers for some considerable period.

Prisons and Probation

Andrew Selous Excerpts

Wednesday 27th January 2016 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Andrew Selous)]

We have had an excellent debate, with 22 Members taking part. I want to start, as others have, by putting on record my thanks to the men and women of our probation and prison services. They are outstanding public servants. They are often not in the public eye and do not get the thanks and appreciation they deserve. Probation officers make difficult professional judgments every day, often to tight timescales for the courts and the parole service. Prison officers face unacceptable violence, which we do not tolerate and are determined to reduce.

The Government are not in denial about the problems we face. We are not rehabilitating or reducing reoffending enough in order to keep the public safe. That is why our reforms are so vital, to protect the public by better rehabilitating offenders. That is why I am delighted that we have more support for prison reform from the top of Government than we have had for very many years. Reoffending has been too high for too long. That is why we have brought together the best of the voluntary, charitable and private sectors to join our excellent public service probation workers in bringing in our probation reforms. That has meant that we have extended probation supervision to some 40,000 short-sentence offenders who did not get it before. We have also introduced a through-the-gate service, joining up probation from prison into the community.

We have created the National Probation Service, and I should tell Members that 19 of the 22 CRCs are being run with a staff mutual or a voluntary, charitable or social enterprise sector body alongside their owners. We monitor their performance very carefully indeed, and the October 2015 performance figures showed that we are advancing in performance in almost all areas. South Yorkshire CRC has developed an action plan to deal with the issues it faces, but I can tell the House that no CRC is in a formal remedial plan. I can also tell the House that there are 560 more probation officers than there were 12 months ago. That is the largest intake of newly qualified probation officers for some considerable period.[Official Report, 23 February 2016, Vol. 606, c. 4MC.]

In the Prison Service, we saw a net increase of 540 prison officers in the year to 30 September last year. We have appointed some 2,340 extra prison officers. As of last week, we have increased prison officer training to 10 weeks, to make sure they are able to deal with many of the serious issues that colleagues from around the House have mentioned. We are going to carry on recruiting at that rate to make sure that we run safe prisons.

Many Members raised the very serious issue of self-inflicted deaths. I want to reassure the House that the Justice Secretary and I continue to take it very seriously indeed. We have acted on the vast majority of the recommendations of the prisons and probation ombudsman and will continue to do so. We have put more money into providing safer custody in prisons and at a regional level. We have also revised and improved our case management system for at-risk prisoners, which is being implemented.

We are reviewing early days care—sadly, prisoners often take their life in the first few days of their sentence. I draw the House’s attention to our extensive use of the Samaritans-trained prisoner volunteer listener scheme. That is extremely worth while and very much appreciated by prison officers.

I attend every single inter-ministerial group on deaths in custody and will continue to do so. We will carry on learning lessons around the system.

[Jenny Chapman]

rose—

[Andrew Selous]

I will mention the hon. Lady’s points. I regularly meet victims and commit to keep on doing so, but she raises a good point. I will increase the amount of victims that I meet, specifically and particularly the families of those who have lost their life in prison. However, as the prisons and probation ombudsman has said, there is no simple, well-evidenced answer as to why self-inflicted deaths have increased so sharply.

Many Members mentioned violence within our prisons. We are taking a lot of measures to equip prison officers better. We are trialling body-worn cameras in 23 prisons. That evaluation is progressing well, and both staff and prisoners see the benefits of it. We are ensuring that every conversation a prison officer has with prisoners is productive and supportive.

We have better multidisciplinary case management involving psychologists and mental health workers to get on top of violence in prisons. For the first time, we have introduced a national protocol to ensure that the police and the Crown Prosecution Service work as closely as they should with the National Offender Management Service to ensure that cases are dealt with seriously. I will take up the specific case that the hon. Member for Lancaster and Fleetwood (Cat Smith) mentioned, when a victim impact assessment appears not to have been addressed in time. We have given clearer guidance to staff on defending themselves and will do everything to get on top of this issue, which is not acceptable. A positive, rehabilitative culture, with rigorous education, purposeful work and strengthened family links, is absolutely central to dealing with it.

Part of the reason why violence and assaults have gone up is that we have too many drugs within our prisons, specifically the new psychoactive substances. The good news is that this month, at last, we start to test for those new types of drugs, which we have not had the ability to do in the past. We will extend that testing to all prisons by 1 April this year. We are currently evaluating a full-body scanner in one of our prisons, which will give us the technology to help us to get on top of that problem. We have trained drug dogs and made it illegal to throw anything over the wall—it was not illegal in the past—and we are communicating in every possible way with prisoners about the dangers of those substances.

As many Members have said, there are too many mobile phones within prisons. We are acutely aware of that and are investing in new technology such as metal-detecting wands, body orifice scanning chairs, signal detectors and blockers, and dogs that can specifically find phones. However, we recognise that more needs to be done. We will carry on until we are on top of that issue.

Many colleagues who have spoken today mentioned the prison estate. It is excellent news that the Chancellor committed to invest £1.3 billion to build nine new prisons in addition to the new prison that we are building in north Wales, which has not had a prison for well over 100 years. We will design out the features of the new prisons that facilitate bullying, drug taking and violence, so that we get on top of those problems.

Many Members rightly said that it is not acceptable that people go into prison with educational qualifications and leave with none. We are determined to do better in this area. We want prisoners to have the literacy, numeracy and information communications technology skills they need to get on, get a job and sustain that job. It is excellent that the Secretary of State has got Dame Sally Coates—

[Mr Alan Campbell (Tynemouth) (Lab)]

claimed to move the closure (Standing Order No. 36).

Question put forthwith, That the Question be now put.

Question agreed to.

Main Question accordingly put.

Oral Answers to Questions

Andrew Selous Excerpts

Tuesday 26th January 2016 Commons Chamber

[Stephen Hammond (Wimbledon) (Con)]

13. What steps his Department is taking to improve prisons’ engagement with employers; and if he will make a statement.

[The Parliamentary Under-Secretary of State for Justice (Andrew Selous)]

Providing prisoners with vocational skills and employment opportunities is an important factor in preventing reoffending. The Employers Forum for Reducing Reoffending brings together employers who are willing to employ offenders, and we are working with the Department for Work and Pensions to increase the involvement of more businesses. Community rehabilitation companies also have an important role to play in helping ex-offenders find employment.

[Simon Hoare]

I am grateful to my hon. Friend for that encouraging answer. I am sure he would agree with me that it is beholden on as many employers as possible to offer training in prisons, so that when prisoners leave prison they are ready for employment and equipped with the required skills. I invite him to welcome the work that Cleansheet does in our prison estate, particularly in Guys Marsh in my constituency. I have seen it at first hand and it really gets people ready for work.

[Andrew Selous]

I thank my hon. Friend very much for his interest in this important area and am delighted to praise the work of Cleansheet and so many other organisations that try to get prisoners into work. A number of companies—Timpson, Halfords, the Clink restaurants, the Census Data Group, Aramark and many others I could mention—are rising to the challenge. We want many more to join them.

[Stephen McPartland]

Does the Minister agree that providing work—and the right sort of work—is the real key to an effective rehabilitation process for prisoners?

[Andrew Selous]

My hon. Friend is absolutely right. We have the hard evidence: if a prisoner leaves prison and goes into work, they are less likely to reoffend. We know that reoffending costs between £9 billion and £13 billion a year and creates many more victims. We can avoid that by getting more prisoners into work.

[Stephen Hammond]

My hon. Friend will know that access to the skills likely to be required in the working environment is key. I welcome what he said about the employers’ forum, but will he say what more the Government will do to get more employers to recognise the potential of providing those skills and of the opportunity to employ ex-offenders on release?

[Andrew Selous]

As a London Member, my hon. Friend may have noted that a week or so ago the Mayor of London pointed out that when employers hire ex-offenders, they report above-average commitment and loyalty; the issue is not only an important part of social responsibility, but very good business sense. London is leading the way in this area, with more joined up work between local enterprise partnerships getting extra skills funding into prisons. I want to see what is happening in London spread across the whole of England and Wales.

[Gavin Robinson (Belfast East) (DUP)]

In November, I raised the issue of the barrier that insurance premiums pose to employment for ex-offenders. I am pleased to say that the Minister has engaged with the issue. Does he have an update for the House?

[Andrew Selous]

I do indeed. The hon. Gentleman is right to pursue this matter. Recently, I have come across the issue of insurers imposing a blanket stipulation that employers should have no ex-offenders on their premises. I am not only the prisons Minister but a former chartered insurer; shortly, I will be having a meeting with the Association of British Insurers to challenge it on that issue and see whether that is really necessary. As a former underwriter myself, I suspect that it is probably not.

[Jo Stevens (Cardiff Central) (Lab)]

This morning, the Minister has talked about employment on release from prisons. Education and skills are crucial to an offender’s chance of making something of themselves and getting a job on release. However, the Minister has admitted, in an answer to a question from my hon. Friend the Member for Hammersmith (Andy Slaughter), that Prison Service anti-riot squads were drafted in on 339 occasions in the year to 9 December 2015—an increase of 52% on the previous year. Does the Minister accept that prison overcrowding, coupled with his Government’s cuts in resources, has led to a prison estate that is not fit for educational purpose?

[Andrew Selous]

First, let me warmly congratulate the hon. Lady on her new position; I look forward to debating these important issues with her in the months to come. She is absolutely right to raise the issue of education, which is a crucial part of helping get offenders into work. The Government’s whole prison reform programme is front and centre of part of the answer to try to deal with the issues of violence and disorder that she has identified: more purposeful work, better education, better outcomes, better ordered prisons.

[Mr Alan Mak (Havant) (Con)]

19. Hampshire’s community rehabilitation company plays a vital role in connecting prisons and offenders with local employers across the Havant constituency. Will the Minister join me in congratulating it on its work and in encouraging more employers to consider employing ex-offenders, including through job fairs run by Members of this House?

[Andrew Selous]

I certainly will. I warmly congratulate my hon. Friend not only on organising a jobs fair in his constituency—a very practical way in which to help our constituents find work—but on realising that it needs to be equally open to ex-offenders. He is leading the way, and I hope others will follow. I wish him well with his enterprise.

[Several hon. Members rose—]

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[Ian Lavery (Wansbeck) (Lab)]

8. What support his Department is providing to probation service workers at risk of redundancy.

[The Parliamentary Under-Secretary of State for Justice (Andrew Selous)]

Community rehabilitation companies are responsible for supporting any of their staff at risk of redundancy, in line with employment law. We encourage them to follow good industry practice and the ACAS guidelines. We are working closely with community rehabilitation companies to make sure that they fulfil their contractual commitments to maintain service delivery, reduce reoffending, protect the public, and deliver value for money to the taxpayer.

[Ian Lavery]

There is the potential for 900 probation officers to be made compulsorily redundant within just three CRCs in the very near future. These are the people who stood by the Government at the time of the transitional period into privatisation. They should not be penalised; they should be praised. Will the Minister guarantee that these professionals receive full voluntary redundancy terms and will not be booted out? They provide a very valuable service in the role provided by these private companies on the cheap.

[Andrew Selous]

I repeat what I said just now—we will make sure that the community rehabilitation companies comply with employment law as they are supposed to do. We closely monitor their performance in line with the contracts that they have signed. Last year, 195 extra probation officers became qualified, and we had 750 new probation officers in training. That is the largest intake of newly qualified probation officers for some considerable period.

[Daniel Zeichner (Cambridge) (Lab)]

9. What plans he has to improve youth custody provision.

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[Alex Chalk (Cheltenham) (Con)]

15. What is his Department doing to improve safety in prisons; and if he will make a statement.

[The Parliamentary Under-Secretary of State for Justice (Andrew Selous)]

Violence in prisons has increased in recent years. The nature of the offenders who are currently in custody and the widespread availability of novel psychoactive substances have contributed to prisons becoming less safe. There is no simple single solution that will improve safety in prisons, but we are making progress. We are trialling the use of body-worn cameras and training sniffer dogs to detect NPS, but ultimately the only way to reduce violence is to give governors the tools to more effectively reform and rehabilitate prisoners.

[James Berry]

One threat to safety inside and outside prisons is the ability of inmates to access mobile phones. On Friday, a serving prisoner at Rochester prison was sentenced to 12 years for arranging the supply of reactivated firearms via a mobile phone from his prison cell. Random checks are only so good and prison officers do their best, but I think it is time to cut off the head of the snake and go for mobile phone jamming devices.

[Andrew Selous]

We already employ a number of measures. We have body orifice scanning chairs, metal detecting wands, signal detectors and blockers, and specially trained dogs. My hon. Friend is right that we need to refocus and redouble our efforts in this area, particularly in respect of the use of blockers and detectors. I assure him that the Secretary of State and I are fully engaged in this area.

[Alex Chalk]

The safety of young people in our prison estate was, as we have heard, called into question by the “Panorama” programme about Medway secure training centre. What assurances can be provided that the safety of young people across the prison estate, not just in Medway, is being prioritised?

[Andrew Selous]

My hon. Friend will have heard the answer that the Secretary of State gave to a previous question on this issue. I will not repeat that, save to say that we take this issue extremely seriously. That is why the Secretary of State commissioned Charlie Taylor, the former chief executive of the National College for Teaching and Leadership, to conduct a review of youth justice and youth custody across the piece. That will have not only safety at its heart, but improved outcomes for young people in custody.

[Sarah Champion (Rotherham) (Lab)]

The example of Medway shows that the use of restraint for good order and discipline can be exploited. Will the inquiry look into that issue across all prisons, because I do not think it is appropriate in this day and age?

[Andrew Selous]

There are occasions in custody when, for the safety of the young person and others, we have to use restraint. The chief inspector has acknowledged that the new process of minimising and managing physical restraint is an improvement, but that is the case only if it is used properly and appropriately, and not if it is abused. We are very mindful of that.

[Dr Rupa Huq (Ealing Central and Acton) (Lab)]

The report by the outgoing chief inspector of prisons quoted a member of staff at HMP Wormwood Scrubs as saying that one cell was so unsafe,

“I wouldn’t keep a dog in there.”

I know that you can’t teach an old dog new tricks, but will the Minister tell us what is being done to deal with the Tory prisons crisis?

[Andrew Selous]

I hope that the hon. Lady would be fair enough to recognise that this Government have accepted that much of our prison estate is simply not good enough. It is too old, it is inappropriate and we cannot provide the education or work that we need to provide. That is why the Chancellor has provided £1.3 billion to build nine new prisons, in addition to the new prison that we are building in north Wales, the new house blocks that we have delivered and the two further house blocks that we are going to deliver. We want a fit-for-purpose estate where we can rehabilitate people properly.

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[Louise Haigh (Sheffield, Heeley) (Lab)]

T4. Can the Minister confirm how many times contract breaches at G4S establishments have occurred under contracts with his Department and what amount in fines has been incurred by G4S in respect of those breaches?

[The Parliamentary Under-Secretary of State for Justice (Andrew Selous)]

I do not have the detailed information that the hon. Lady has asked for, but if she will allow me, I will write to her with the details.

[Wendy Morton (Aldridge-Brownhills) (Con)]

T8. My hon. Friend is aware of the serious problems associated with radicalisation in our prisons. Can he update the House on what steps are being taken to tackle it?

[Andrew Selous]

I understand my hon. Friend’s proper interest in this subject. As the threat evolves, we evolve our response. I can tell her that we are strengthening the training for new prison officers to ensure that they are able to tackle criminal activity in whatever form it takes within prisons. As the Secretary of State said earlier, he has asked the Department to review its approach to dealing with Islamist extremism in prisons, and we await that report shortly.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

T5. It is worth repeating the damning indictment of this Government given by the Lord Chief Justice just two weeks ago:“Our system of justice has become unaffordable to most”.Will the Secretary of State take heed of those comments and also follow the Scottish National party lead by committing to the abolition of tribunal fees?

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[James Morris (Halesowen and Rowley Regis) (Con)]

T9. Does the Minister agree that improving the mental health of prisoners should be a top priority and specifically that when a prisoner is released from prison with a known mental health condition, there should be close liaison between the prison authorities, local GPs and local health services to put a care plan in place?

[Andrew Selous]

My hon. Friend is absolutely right, and I pay tribute to his long interest and great expertise in this particular issue. He will probably know that local commissioning groups in England and local health boards in Wales are responsible for services in the community. NHS healthcare staff in prisons are responsible there. It is their job to make sure that services provided in the prison are followed through in the community. We go to great efforts to make sure that happens.

[Carol Monaghan (Glasgow North West) (SNP)]

T7. Will the Secretary of State meet his colleague the Immigration Minister to explain that the Minister’s Bill, which would allow migrant families to be evicted without even a court order, is contrary to the rule of law and the right to a fair hearing, and must be urgently reconsidered?

--- Later in debate ---

[Amanda Solloway (Derby North) (Con)]

Following the question from my hon. Friend the Member for Halesowen and Rowley Regis (James Morris), what steps are being taken to ensure that all prisoners with mental health issues are dealt with safely, appropriately and compassionately?

[Andrew Selous]

I am glad that my hon. Friend has raised this issue again. Whenever a prisoner comes into prison, they immediately have a full health assessment. That health practitioner has the ability to refer on to the prison’s in-reach mental health services. Furthermore, through our liaison and diversion services, we now have either learning disability or mental health nurses available at police stations and in courts, so we can start the mental health treatment right at the beginning of the journey into the criminal justice system.

[Greg Mulholland (Leeds North West) (LD)]

I hope that the Secretary of State, who takes a keen interest in this issue, will meet me and Brake to discuss my Criminal Driving (Justice for Victims) Bill. May I gently point out that the consultation on this started on 6 May 2014 —a very long time ago, and we are not expecting to hear anything back from the right hon. Gentleman until later this year?

Safety in Youth Custody

Andrew Selous Excerpts

Wednesday 20th January 2016 Westminster Hall

[The Parliamentary Under-Secretary of State for Justice (Andrew Selous)]

It is a pleasure to serve under your chairmanship this afternoon, Mr Wilson. I congratulate the hon. Member for Bradford South (Judith Cummins) on bringing this important debate before the House. She said that complacency is never an option in such matters, and she is absolutely right. I assure her that that is exactly the attitude we have in the Ministry of Justice. We also made the broader point that, if we want people to behave well in custody, we should treat them well. She is absolutely right as far as that is concerned.

The hon. Lady spent quite a lot of her speech talking about “Managing and Minimising Physical Restraint”—understandably, following the shocking revelations we saw in the “Panorama” programme. Her Majesty’s chief inspector of prisons described “Managing and Minimising Physical Restraint” as a significant step forward; but of course we acknowledge that more needs to be done. However, I can tell the hon. Lady that detailed action plans are being agreed with individual sites on its implementation, and additional training and support are being provided. We want to get things to a really high standard, and of course it is not good enough just to have good training; we must ensure that the officers on the ground actually implement what they have been trained to do.

The hon. Lady and the hon. Member for Neath (Christina Rees), who spoke for the official Opposition, mentioned the Youth Justice Board budget. The YJB has, as part of general Government savings—as, unfortunately, the country continues to live beyond its means—reduced its administrative expenditure by restructuring to become more efficient; but in doing that, it has been able to focus more resources on monitoring in the youth estate, despite falling numbers of people in youth custody. It is important that that should be on the record.

[Jo Stevens]

The Minister said there was more monitoring of secure children’s centres in youth custody services. If that is the case, why and how did what we saw at Medway on the “Panorama” programme happen?

[Andrew Selous]

The hon. Lady asks the central question of the whole debate. I can tell her that I have thought long and hard about it since the “Panorama” revelations. I do not know whether she was in the House for the urgent question when my right hon. Friend the Lord Chancellor and Secretary of State for Justice set out in some detail the considerable monitoring arrangements we have. Yet the fact is that they did not detect mistreatment and prevent it from happening. As the Minister responsible for youth justice, I have absolutely fully taken that on board and can assure her we will continue to review seriously how we monitor to ensure we do not find out that terrible things are happening from an investigatory television programme. I will elaborate further during the course of my speech.

My hon. Friend the Member for Henley (John Howell), who is a valued member of the Justice Committee, rightly drew attention to the issue of mental health. I can tell him and other Members who properly drew attention to that issue that a comprehensive health assessment is completed for every young person on arrival in custody. This includes an immediate assessment of needs during the first day or night, followed by a more comprehensive assessment as part of their induction programme. If an alternative placement is deemed appropriate, this will be referred back to the youth justice board placement team for consideration in consultation with healthcare professionals.

I can also tell the House that each site has healthcare teams and in-reach teams that provide appropriate treatment for young people with mental health issues. I get the seriousness and importance of this issue and will continue to work with colleagues in the Department of Health to ensure we keep a relentless focus on mental health.

[John Howell]

When he gets back to the office, will the Minister look at the transfer of people and how often the transfer of the information about their mental health does not actually follow them on time?

[Andrew Selous]

My hon. Friend raises an important and serious point. Yes, of course I will look into that matter. We have to have a joined-up system as far as health needs are concerned. He makes a valuable point.

My hon. Friend also made points about young adult provision. I know the Select Committee is looking at that at the moment, but I can tell him that a Government consultation on the management of young adults was paused while the Harris review was completed. This is now being reconsidered as part of our wider prison reform strategy work and alongside the youth justice review, about which I will say more in a few moments.

The hon. Member for St Helens South and Whiston (Marie Rimmer), who is also an extremely diligent and engaged member of the Justice Committee, asked a general point about the threshold for custody for children. The threshold is high and the courts must state in open court why a youth community sentence with high-intensity supervision and surveillance is not appropriate. I will point out, as have others during this debate, that the under-18 youth custody population has halved in the past five years.

I thank my hon. Friend the Member for Rochester and Strood (Kelly Tolhurst) for her contribution to the debate. She is not only the local Member of Parliament who represents Medway, but a ward councillor in that area, so she has detailed local knowledge that we all respect. I have had frequent dealings with her since the revelations came to light. I also thank her for praising the vast majority of decent staff who work very hard in a challenging environment. She was right to put that on the record, and I do so as the Minister as well. We will be relentless in dealing with staff who fall below the very high standards that we rightly expect of them and will continue to demand.

I thank the hon. Member for Lanark and Hamilton East (Angela Crawley) for her contribution. She pointed out that my domain as the Minister extends to England and Wales, and not to Scotland, but generally we take a serious interest in what happens in criminal justice matters and in the youth estate north of our border with Scotland. I have spent time with Scottish academics and others trying to learn what we can from the Scottish prison system, so I thank her for her contribution this afternoon.

The hon. Member for Neath, who speaks for the official Opposition, asked me a large number of questions, which I will do my best to answer this afternoon. I will write to her if I do not answer them all—she posed her questions just before my own contribution, so I will not manage to answer all of them. In general, I repeat what the Secretary of State for Justice said during the urgent question:

“the care and supervision of young offenders in custody is not good enough.”—[Official Report, 11 January 2016; Vol. 604, c. 573.]

We recognise that. That is why the Secretary of State has commissioned the youth justice review. There will be an interim report in due course and a final report in the summer. It is the right thing to do.

The hon. Member for Cardiff Central (Jo Stevens) asked her hon. Friend the Member for Neath to ask me how many of Lord Harris’s recommendations had been implemented. The answer is more than half, but I would ask the hon. Member for Cardiff Central to look at our wider prison reform strategy, more of which will be unveiled over the coming months. She and others will see much in that that speaks to the important points that she and others have raised this afternoon.

The allegations made by the BBC in the “Panorama” programme on 11 January were profoundly disturbing and have quite rightly generated concern about the safety of young people detained at Medway. Let me put on the record, as the Justice Secretary did, my thanks to the BBC for the work it has undertaken to bring the serious allegations to light, although it should not have taken an investigatory television programme to do so.

We take all allegations about mistreatment of children in custody extremely seriously and make sure that they are swiftly referred to the local area designated child protection officer for immediate action. Although it would be inappropriate for me to comment on specific allegations while the investigation by Kent police and Medway Council is under way, I can assure Members that we place the highest priority on the safety of the children and young people committed to our care in custody.

It may be helpful for me to outline in further detail the action taken since the contents of the “Panorama” investigation were first reported. First, G4S suspended all seven staff members named by the BBC on 30 December 2015 and referred the allegations to Medway Council’s local authority designated officer, who is responsible for overseeing safeguarding concerns about children across the local authority, and to Kent police. G4S has subsequently dismissed five staff members, and three more are suspended.

Kent police and Medway Council’s child protection team have launched an investigation that will determine whether there is any evidence to justify criminal proceedings against anyone involved. Five members of staff have been arrested and bailed while police inquiries continue. It is important that the police are now able to complete a full and thorough investigation into each incident and to pursue all necessary lines of inquiry. I can assure Members that the Ministry of Justice and the Youth Justice Board will support and co-operate with their inquiries to the fullest possible extent.

Our immediate priority has been the safety of the young people in custody at Medway. As the Secretary of State indicated in his statement to the House on 11 January, we are meeting Lin Hinnigan, the chief executive of the Youth Justice Board, regularly to make sure that all necessary action to ensure the wellbeing of young people at Medway is being taken. Her Majesty’s Inspectorate of Prisons and Ofsted also visited Medway on 11 January to meet representatives of G4S, Medway Council and the Youth Justice Board, as well as the children detained there. The findings of HMIP’s report are being considered carefully by the Secretary of State and me.

The YJB, which is responsible for commissioning the youth secure estate, has also taken immediate steps to safeguard the children and young people placed in Medway. It might be helpful for me to outline those steps to the House. The YJB has, with immediate effect, ceased new placements of young people to Medway until further notice—that addresses one of the shadow Minister’s questions. The YJB sought urgent assurance from the G4S director of Medway that the centre had safe staffing levels following the suspension and dismissal of staff. That assurance was received on 31 December and is being kept under review. The YJB has increased both its monitoring activity at the centre and the presence of other of its staff members, including senior managers.

I am concerned that the allegations were not readily identified by the checks and systems that we already have in place. It is clear that my Department and the YJB need to work together to make sure that monitoring in the youth secure estate is more effective and robust. We expect the highest standards from all the providers who operate the youth secure estate. We expect staff to want to work with children, to have the skills and training to engage with children positively, and to act with professionalism and integrity throughout. We expect our providers’ management teams to rigorously supervise their staff and drive a positive culture throughout their organisations.

[Jo Stevens]

There will be children in Medway and other secure training centres who are repeat offenders, but it seems to me that the real culprit here is G4S, which is a persistent offender in failing to deliver Government contracts to the required standards. I am concerned about whether G4S should be awarded any further contracts, or should even be bidding, until all the outstanding issues with the company—the Serious Fraud Office inquiry and the investigation into Medway—are resolved. Will the Minister please address that specific point?

[Andrew Selous]

I hear what the hon. Lady says and, given what has happened, I understand the strength of feeling on this issue. Nevertheless, I repeat what I said earlier: it is important that we allow Medway Council and Kent police to investigate fully what are, at the moment, allegations, albeit extremely serious ones. We should wait for the results before we do anything else.

The YJB has increased the availability of the independent advocacy service provided by Barnardo’s. It will now be available on site six days a week, compared with three days a week previously. All youth offending teams that are responsible for those currently held at Medway secure training centre have been contacted and asked whether they have any concerns about individual children or young people. The YJB will consider, on a case-by-case basis, any specific action that needs to be taken to meet the particular needs of each individual child or young person, including, where appropriate, reviewing their placement at the centre. The YJB has also contacted the families of each child and young person at all three secure training centres to explain the actions we have taken and to give them a contact point at the YJB.

I shall outline the key safeguarding and monitoring arrangements that already exist in secure training centres, which we have now reinforced at Medway in the light of the recent allegations. First, YJB monitors are appointed at all STCs to monitor and report on the performance of the establishment. Monitors will investigate and report on allegations made against custody officers and, where necessary, suspend and revoke custody officers’ certificates to work. Barnardo’s staff are also in place at all STCs to provide independent support and advice to young people through its independent advocacy service. Young people can raise any issues or concerns through either the YJB monitors or the advocacy service provided independently by Barnardo’s. There are clear processes in place that enable staff to raise concerns.

The YJB’s service specifications and commissioning arrangements for the secure estate make it clear to providers that there is an expectation that children’s welfare and safety is paramount when they are in custody. That expectation has been strengthened and reinforced in the specifications for new STC contracts and as part of the provision in young offender institutions. All persons in charge of secure establishments have a statutory duty to ensure that their functions are discharged having regard to the need to safeguard and promote the welfare of children. They must also participate as a member of their relevant local safeguarding children’s board. In line with statutory safeguarding guidance, each secure establishment must have an annually reviewed safeguarding policy and a member of the senior management team with responsibility for implementation of the policy. The policy should promote safeguarding and wellbeing by covering issues such as child protection, risk of harm, restraint, separation, staff recruitment and information sharing.

Each local authority has a designated officer to whom concerns about children’s safety that arise from the behaviour of adults must be referred. That is in addition to the requirement for those working with children to report to the local authority any concerns about a child they believe to have been harmed or at risk of harm. All safeguarding managers in young offender institutions are expected to attend the Working With Young People in Custody training programme, which includes modules on child protection and safeguarding. The head of safeguarding will be supported by an establishment-based qualified social worker from the local authority.

As many Members know, there is now a higher concentration of violent and high-risk offenders in the youth secure estate who present complex risks and needs. The level of violent incidents remains a concern, and one to which there is no single, simple solution. For that reason, we have in place a wide range of measures to manage safety and stability. That begins with the placement of young people. The YJB actively manages where young people are placed to support custodial providers, who in turn manage their regimes locally to keep children safe. In young offender institutions in particular, we are working to use more mental health support and psychological services to better manage and support those detained. We are also implementing a range of tools for staff to manage conflict more positively and deal with challenging and complex children. All the while, we have a zero-tolerance approach to violence and are seeking to increase children’s engagement in education to give them a greater opportunity of making progress during custody and on release. For example, in young offender institutes we now require 30 hours of education a week, which is a significant increase.

[Wayne David]

I welcome many of the positive proposals that the Minister is making, but will he give us a commitment that, if it is clearly demonstrated that certain organisations that run STCs are in breach of their duty of care to young children, they will be formally excluded from future bidding processes?

[Andrew Selous]

As I said earlier, for now, we should wait for the result of the investigation by the local authority and the police. I have already said that we have the power to strike off someone from being a custody officer. We have statutory powers and we are not afraid to use them in pursuit of our serious duties regarding the care of these young people.

The managing and minimising physical restraint policy that I mentioned earlier sets out that robust local governance arrangements should be in place to enable those running secure establishments to identify any poor practice. A weekly use-of-force meeting takes place in all establishments using the MMPR policy, and it is regularly attended by a YJB performance manager. During the meeting, which is attended by senior managers in the establishment, along with the YJB, CCTV footage of all incidents is reviewed, anything that happened in the lead-up to an incident is discussed, and any training that might be required to handle incidents better in future can be identified. Those arrangements were already in place at Medway. If there is an incident that warrants referral, we would expect an establishment to refer it to the local area designated officer at the local authority. If that is not done by an establishment, the YJB’s performance managers can make referrals themselves.

As the Secretary of State made clear in his statement on 11 January, it is a matter of record that there have been earlier examples of where G4S has let down the Ministry of Justice and those in our care. But there are also examples of innovative and high-quality institutions run by G4S. I recognise in particular that unacceptable incidents and practices were identified in Ofsted’s inspection of Rainsbrook last year. In that case, the monitoring arrangements in place were effective. The YJB monitor was aware of each of the incidents as they occurred, took the appropriate action and highlighted them to the inspection team. The YJB immediately required G4S to address the issues swiftly and effectively. G4S put in place new leadership, and the YJB agreed an action plan to improve recruitment and training.

I am pleased to tell colleagues that Ofsted’s latest inspection of Rainsbrook shows significant improvement, with improved findings for both safety and care of young people. Although the report identified two serious incidents of staff misconduct since the previous inspection, in both cases, G4S took action and dismissed the members of staff involved before the latest inspection took place.

[Jo Stevens]

Although the problems at Rainsbrook have been identified and welcome steps have been taken, the Government allowed G4S to renew its contract at Medway. Will the Minister explain why it was allowed to renew that contract when it has a history of problems running a secure training unit at Rainsbrook?

[Andrew Selous]

There was a competitive bid to run the contract. Ministry of Justice officials, who are wholly independent from Ministers, scrutinised all the bids using set criteria. They demanded higher standards than we currently have in the STCs. We are satisfied that there was a robust, proper, independent and legal process.

Following the re-tendering of the Rainsbrook STC last year, we selected a new provider, MTCnovo, to take over the running of the centre from May 2016. The YJB put in place an enhanced monitoring plan that aims to support G4S to continue to make the required improvements, as well as supporting MTCnovo as it takes over delivery. We are clear that standards must continue to rise before MTCnovo takes over the contract.

Although youth offending has fallen, reoffending rates have remained high, particularly for those leaving youth custody. We acknowledge that violence in custody has risen and that we are dealing with an increasingly challenging cohort of young people in our custody. As I said earlier, there are no simple solutions to that, which is why the Secretary of State and I agree that the youth justice system requires reform.

As Members will be aware, we asked Charlie Taylor, the former chief executive of the National College for Teaching and Leadership, to conduct a review of youth justice. He is looking at the evidence and current practice in preventing youth crime and rehabilitating young offenders; how the youth justice system can most effectively interact with wider services for children and young people; and whether the current arrangements are fit for purpose. The review will publish an interim report shortly and conclude this summer.

I recognise and share Members’ concern about the allegations featured in the “Panorama” programme, but hope I have reassured colleagues that young people’s safety and wellbeing will remain central to how we look after young people in custody. As my hon. Friend the Member for Rochester and Strood said, the vast majority of those working in the youth justice system display high levels of professionalism and dedication in working with young people from particularly complex and challenging backgrounds. They are committed to the rehabilitation and support of the young people in their care.

[Marie Rimmer]

Will the Minister please consider introducing a duty of candour for custodial institutions, as has been introduced in the health service?

[Andrew Selous]

I am aware that a duty of candour has been introduced in the NHS to good effect, I believe. I commit to look carefully at the lessons learned from its introduction in the NHS to see whether one could be applicable to the youth justice system.

I am clear that the provision of safe, decent and secure environments is an essential foundation for achieving our objectives to protect the public and reduce reoffending. We will continue to challenge the youth justice system to provide the best possible support and the highest levels of care for young people in youth custody.

Draft Legal Services Act 2007 (Claims Management Complaints) (Fees) (Amendment) Regulations 2016

Andrew Selous Excerpts

Thursday 7th January 2016 General Committees

[The Parliamentary Under-Secretary of State for Justice (Andrew Selous)]

I beg to move,

That the Committee has considered the draft Legal Services Act 2007 (Claims Management Complaints) (Fees) (Amendment) Regulations 2016.

May I say what a pleasure it is to serve under your chairmanship, Mrs Gillan? I have been at an all-party group meeting chaired by you before, but not a Delegated Legislation Committee, and I am sure it will be an equally pleasurable experience.

In January 2015, the legal ombudsman began considering complaints from consumers about claims management companies. The Legal Services Act 2007 (Claims Management Complaints) (Fees) Regulations 2014 enable the Lord Chancellor to charge fees to regulated claims management companies to recoup the costs of the legal ombudsman’s work in handling such complaints. It is right that the costs of handling such complaints fall on the claims management sector and not on the taxpayer.

The draft regulations before us amend the level of fees set out in the 2014 regulations for the financial year beginning 1 April 2016 and for subsequent years. Revising the level of fees will ensure that the Lord Chancellor can recover the full costs of the legal ombudsman dealing with complaints about the claims management industry in the 2016-17 financial year. In the first nine months of operation of the complaints scheme, the legal ombudsman dealt with fewer cases requiring an ombudsman decision than expected. However, the number of initial consumer contacts and inquiries to the scheme has been substantially more than envisaged, and the legal ombudsman has been working to raise awareness and assist claims management companies in better complaints handling procedures.

In light of its experience so far, the legal ombudsman has revised downwards its estimate for the number of cases that will require ombudsman resolution during the next financial year and therefore its expected costs. However, in addition to the legal ombudsman’s expected costs for 2016-17, we also need to recover a shortfall in the amount invoiced in 2014-15 and 2015-16. That was the result of greater numbers of market exits than estimated in the fee model. That means that the total cost to be recovered from the market for 2016-17, which is around £2.3 million, remains broadly similar to that for 2015-16. However, due to the contraction in the market, fees have had to be increased.

The claims management sector has acquired a poor reputation as a result of a small number of companies engaging in poor business practices. The legal ombudsman provides redress for consumers of regulated claims management companies, including the potential for awards of compensation, and will continue to assist the claims management regulator in driving out poor standards and practices in the market.

Members may be aware that a fundamental review of the regulation of claims management companies is being undertaken. It is considering the powers and resources that are required for a strengthened regulatory regime and what other reforms may be necessary, and the review is due to be completed in early 2016. As such, I cannot say any more at the present time.

I know that Members welcome the fact that the legal ombudsman can now deal with complaints about claims management companies. It is therefore right that the legal ombudsman’s costs relating to regulated claims management complaints continue to be met by the claims management sector, in the same way that the costs relating to complaints about the legal services sector are met by that sector. I commend the draft regulations to the Committee.

--- Later in debate ---

[Andrew Selous]

I am grateful for the shadow Minister’s support for the measure. To answer his question, we will do our best to estimate as accurately as we can the correct level of fees to cover any shortfalls. We think we have done that as accurately and carefully as we can for the next financial year, but we will keep the matter under review and keep looking at what happens within the sector.

Question put and agreed to.

Oral Answers to Questions

Andrew Selous Excerpts

Tuesday 8th December 2015 Commons Chamber

[Charlotte Leslie (Bristol North West) (Con)]

9. What assessment he has made of the potential merits of increasing the use of sport-based initiatives in (a) rehabilitation and (b) counter-extremism programmes in prisons.

[The Parliamentary Under-Secretary of State for Justice (Andrew Selous)]

We are interested in developing and testing sports-based initiatives as part of our approach to rehabilitation, and remain committed to using evidence to drive better outcomes and value for money. In October this year, we part-funded an initiative called the National Alliance of Sport for the Desistance of Crime, which will provide further evidence for whether and how sport may assist desistance.

[Charlotte Leslie]

The often troubled young men and women who, instead of having their anger and drive directed elsewhere, fall prey to manipulative and destructive extremist ideology are to be pitied. Is the Minister aware of the success of boxing in rehabilitation and helping to prevent extremism, including in prisons such as HMP Doncaster, and will he consider piloting non-contact boxing schemes in more prisons and for more categories of offender?

[Andrew Selous]

My hon. Friend, who has been persistent on this issue, is right that there is promising evidence for the positive influence of sport in rehabilitation. Across prisons in England and Wales, we have 183 different sports-based interventions, although not all of them are available in all prisons. The National Alliance of Sport for the Desistance of Crime will go further in this area, but I would be happy to meet her to talk further about the initiatives she mentions.

[Keith Vaz (Leicester East) (Lab)]

I am not convinced that teaching potential jihadists boxing or table tennis will form an essential part of a de-radicalisation programme, but I am ready to be convinced on the pilot. Does the Minister agree that one way to do this is to appoint an extremism officer to monitor radicalisation in prison and ensure that people are de-radicalised when they leave prison?

[Andrew Selous]

We will of course proceed according to the evidence from the initiative we have just launched. The right hon. Gentleman will also know that the Secretary of State has launched an independent review of extremism across the prisons estate. Yesterday, I met the excellent former governor who is conducting the review, and we will report in due course.

[Jenny Chapman (Darlington) (Lab)]

I am afraid there is an ever-widening chasm between what the Secretary of State and the Minister say about what is happening in our prisons and the reality. I do not doubt that the Minister is sincere in his belief that improvements are being made, but, given that in most prisons exercise in the fresh air, which the hon. Member for Bristol North West (Charlotte Leslie) so wishes to see, is limited to just 30 minutes a day and purposeful activity outcomes are currently at the lowest level inspectors have ever recorded, owing to understaffing, how can he suggest that there is anything other than a crisis in our jails?

[Andrew Selous]

I genuinely respect the hon. Lady’s experience in this area, but we have been extremely successful in getting a lot more prison officers on to the landings up and down the country. In the year to 30 September, we saw a net increase of 540 prison officers, meaning less restrictive regimes and more activities. The good news is that we will carry on recruiting at that number up to the end of March next year, when we are seeking an additional 1,700 to 2,000 prison officers.

--- Later in debate ---

[Stephen Hammond (Wimbledon) (Con)]

T7. Wimbledon is the home of one of London’s probation service resource centres, where there is a real focus on providing ex-offenders with the education and skills they need. Given the importance of education and skills to the rehabilitation of ex-offenders, does the Minister agree that it is essential that the next head of the probation service is someone who can really concentrate on that and on vocational training, as that is what the service needs?

[The Parliamentary Under-Secretary of State for Justice (Andrew Selous)]

I very much agree with my hon. Friend and welcome that point. He will be aware of the importance we are placing on improving education in prisons with the Dame Sally Coates review, but it must follow on through the gate, so that, for example, courses started in prison are completed in the community if they have not already been finished.

[Huw Irranca-Davies (Ogmore) (Lab)]

T6. Further to my earlier intervention, may I simply remind the Minister of the tens, if not hundreds, of thousands of pounds that have been spent in recent years on the courts in Pontypridd and Bridgend? He urges me to consider the upgrading. They have been upgraded; do not close them.

--- Later in debate ---

[Helen Hayes (Dulwich and West Norwood) (Lab)]

T8. The Government’s own figures reveal that the number of serious crimes committed by violent and sex offenders who are being monitored after leaving prison has risen by more than 28%, and that some 222 offenders under supervision in the community were charged with crimes including murder and manslaughter and with sexual offences in 2014-15. The National Association of Probation Officers has said that this is partly due to the privatisation of probation, which means that the exchange of information between agencies is not quick enough. What urgent steps is the Minister taking to address this issue?

[Andrew Selous]

The hon. Lady is absolutely right to suggest that serious offences are a very serious matter from which we must learn every possible lesson to ensure that there is no repeat, but I do not agree that the transforming rehabilitation reforms are in any way responsible for a degradation of the probation service. I remind her that 45,000 criminals now receive probation supervision who did not get it before, because the last Government brought in probation for those who are sent to prison for less than a year.

[Peter Aldous (Waveney) (Con)]

I would be grateful if the Minister could confirm that his Department is giving full consideration to the compelling, evidence-based and locally produced case for Lowestoft magistrates court to remain open.

--- Later in debate ---

[Graham Jones (Hyndburn) (Lab)]

T9. Has the Minister read the recent “Locked out” report from Barnardo’s, which claims that changes to the incentives and earned privileges scheme mean that a child’s right to see their father is being withheld in order to enforce discipline? Does he think that this is good for the 200,000 children who have a parent in jail?

[Andrew Selous]

I am grateful to the hon. Gentleman for raising this issue. I have met representatives of Barnardo’s on a number of occasions, and I pay tribute to the work that they do in this area. The Secretary of State and I place the highest importance on maintaining the family links of prisoners, and we will continue to look at this policy and at all policies that affect strengthening prisoners’ family relationships.

[Suella Fernandes (Fareham) (Con)]

On 27 November, a transgender prisoner killed herself while serving in a male jail. What are the Government planning to do to address the concern about another tragic death in this vulnerable group of people?

--- Later in debate ---

[Mr David Hanson (Delyn) (Lab)]

T10. The prison in Wrexham is extremely welcome, but has the Minister had a chance to look at the concerns raised by the First Minister about the healthcare costs for prisoners, many of whom are from England, falling entirely on the Assembly?

[Andrew Selous]

I had the pleasure of visiting Wrexham a couple of weeks ago, and I can tell the House that the prison is progressing well, and it has excellent work facilities. I am aware of the point the right hon. Gentleman raises, and we will continue negotiations with the Welsh Government on the issue. That is all I can say to him at this time.

[Lucy Frazer (South East Cambridgeshire) (Con)]

Our courts system not only provides effective justice to us domestically, but is the forum of choice for much foreign litigation. When considering the civil courts charge, will the Secretary of State ensure that our courts remain not only effective places for the resolution of domestic litigation, but at the forefront of international dispute resolution?

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

How is the transforming rehabilitation programme in Wales likely to achieve its targets if the only CRC—community rehabilitation company—is to base its operations in Middlesbrough and make 200 staff redundant?

[Andrew Selous]

These reforms give us the opportunity to bring down reoffending rates, which have been stubbornly high for a very long time. We are tracking the performance of the CRCs very closely and we will continue to do so, and in time I think we will see significant results from these reforms.

[Kit Malthouse (North West Hampshire) (Con)]

I recently wrote to the Lord Chancellor and received an uncharacteristically non-committal reply, unbelievable though that may seem. I therefore ask him again: does he believe the maximum tariff for child cruelty, which is set at 10 years, is too low, and will he use the upcoming criminal justice Bill to raise it to 14 years?

Criminal Cases Review Commission (Information) Bill

Andrew Selous Excerpts

Friday 4th December 2015 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Andrew Selous)]

Let me start by congratulating my hon. Friend the Member for Hazel Grove (William Wragg) on bringing this important Bill before the House and on his excellent speech. I also thank those other Members who have spoken in support of the Bill, including the hon. Member for Caerphilly (Wayne David), who spoke on behalf of the official Opposition.

The Criminal Cases Review Commission performs a vital function in our justice system. When thinking about criminal justice, we tend to focus on the front end and concerns that the processes involved in bringing criminals to justice and ensuring that victims are properly supported are as effective and efficient as possible. Sometimes we tend not to focus on the times when those processes go wrong—when, for whatever reason, someone is convicted who was, in fact, innocent. The purpose of the CCRC is to ensure that those people have someone to turn to who will thoroughly investigate and consider their case and, if there is a real possibility that their conviction would not be upheld, refer their case to an appeal court. I know that Members will agree with me about the importance of the commission’s investigations, and that it should have all the powers it needs to inform them.

The commission’s counterpart in Scotland—the Scottish Criminal Cases Review Commission—was established with the power to compel both public and private organisations to provide it with the documents or other material necessary to its investigations. The Bill’s provisions would put the CCRC for England, Wales and Northern Ireland in the same position. To avoid confusion, I should point out that the term “person” in the Bill should be read as covering a body of persons corporate or unincorporated. That means that the measure covers all natural and legal companies, including companies and partnerships, except those serving in public bodies.

In practice, when the Scottish commission notifies a private sector body or individual that it wishes to inspect relevant material, a reminder of the statutory power to make an application to court is usually sufficient to secure voluntary compliance. The Scottish commission advised us that there has been only one case in 15 years in which a request to inspect material has led to contested proceedings in court.

Hon. Members may have seen the Justice Committee’s 12th report of the last Session, to which colleagues have referred, on its inquiry into the Criminal Cases Review Commission. One of the Committee’s most urgent recommendations was that the commission should have the powers that this Bill will give it. It argued:

“The extension of the CCRC’s section 17 powers to cover private bodies is urgently necessary and commands universal support.”

The absence of a power to obtain material from the private sector has often operated to the disadvantage of applicants to the commission. The problem has become more acute in recent years. The difficulties are best illustrated by some examples from cases that have been reviewed by the commission. The first example relates to a media organisation. Shortly after trial, a newspaper published an interview with a complainant in a rape case. It was important for the commission to establish whether she entered into negotiations to sell her story prior to giving her evidence. It could be argued that the defence was unfairly deprived of an opportunity to cross-examine her regarding her motives for making the allegations. In a case where the conviction rested solely on the complainant’s testimony and credibility, this was particularly important. Despite repeated communications with the relevant journalist and the legal department of the newspaper, no response was received and the issue could not be resolved.

The second example involved an organisation in the banking sector. In respect of a serious fraud investigation, considerations of customer confidentiality were cited in response to the commission’s requests for information, despite the commission providing assurances about how the information would be handled and disclosed. The assertions made by the applicant could not be proved or disproved.

The third example demonstrates the problem as it relates to companies that have no direct involvement or interest in a case. In a drug importation case, the commission sought timetabling and cargo information from a ferry company. In the event, the company volunteered the information, but the commission could not have compelled it to do so. If the information had not been obtained, the commission’s overall decision on the case would have been less robust.

Companies sometimes refuse to provide details of employees. For example, in a murder conviction, the commission contacted a bank to seek the employment details of a former employee, a witness at trial, as the information was directly relevant to the credibility of the employee’s testimony at trial. After long correspondence, the police liaison officer for the bank agreed to provide the information requested, although there was no obligation to do so. However, the decision to co-operate with the commission was expressed as being only because the employee had left their employment in the bank.

In the past, the commission has seen a good level of co-operation in respect of its requests for case files from solicitors who represented applicants at trial and/or on appeal. Such requests are supported, as necessary, by waivers of legal professional privilege. In part, this level of co-operation has been thanks to the relevant professional codes of conduct that apply to solicitors. However, in more recent times—perhaps owing to pressures on legally aided defence firms—the commission has faced greater difficulties. It is often readily apparent that requests from the commission are placed at the bottom of a solicitor’s list of priorities. My hon. Friend the Member for Hazel Grove made that point.

Files held by social services, schools and the NHS have been obtained and examined by the commission under the provisions of section 17 in other cases. However, the complainant in one case under review had been referred to a private sector counselling clinic, and despite lengthy correspondence, access to the private counselling records was denied. The significance of this information in relation to the complainant’s credibility and the safety of the applicant’s conviction remains unknown.

Charitable bodies such as the Samaritans, ChildLine and the National Society for the Prevention of Cruelty to Children often hold vital information relevant to commission reviews, particularly in cases of intra-family sexual abuse. Such organisations may agree to assist when the consent of the individual concerned is obtained. If consent is not forthcoming, such organisations will generally decline to provide the commission with the information on the basis of confidentiality.

Campaign groups sometimes hold information vital to the progress of a review. In one case, a miscarriages of justice campaign group had gathered witness statements that were of apparent relevance to allegations of police misconduct. The organisation failed to respond to repeated commission requests and the statements were not obtained. The case was referred to the Court of Appeal in any event, but the statements may have provided useful additional support.

It is only right to acknowledge that the overwhelming number of private individuals approached by the commission agree to be interviewed, but some simply refuse to assist. The reasons for refusal are manifold. Some individuals do not wish to be bothered and are indifferent concerning the outcome of the commission’s investigations. Some may be hostile to the commission. Some come from gangs and may be reluctant to talk to the commission for fear of reprisals.

A key aspect of the commission’s work is the re-examination and retesting of material from crime scenes. With the abolition of the Forensic Science Service, such material will be held by private companies and may not be available to the commission. We therefore need the Bill.

The final example relates to the experts who appear as witnesses at trial. Many of them keep personal notes in addition to their professional notes and reports. Forensic medical examiners may receive information or notes from victims of crime during the course of their examinations. Short reports and second-hand accounts within NHS files are generally provided to the commission as a result of section 17. The original contemporaneous notes of interviews recorded by clinicians are not. That type of information is private rather than public, and the commission therefore cannot require its disclosure. The Bill will change that.

The commission will not simply be able to demand information or documents from private organisations or individuals. The Bill will require it to apply to the Crown court for an order, which will ensure that it can use the power only when a judge agrees it is necessary for the carrying out of its functions. We intend, once the Bill has received Royal Assent, to ask the criminal procedure rule committee to make rules of court that will ensure that, where appropriate, the court holds an inter partes hearing, giving the private organisation or individual the opportunity to make their case as to why disclosure should not be required.

The Government support the Bill because we believe that the provisions are necessary and that the terms of the Bill will ensure that the powers are used appropriately and proportionately. I therefore commend it to the House.