His Majesty’s Prison and Probation Service

Debate between Andy Slaughter and Conor McGinn

Tuesday 4th July 2023 Commons Chamber

[Andy Slaughter (Hammersmith) (Lab)]

It is a real pleasure to follow that forensic speech by the Chair of the Justice Committee, the hon. Member for Bromley and Chislehurst (Sir Robert Neill). He took us through many of the problems, particularly those in the Prison Service. I will be rather more selective about the issues I speak about, but I will concentrate in particular on prison conditions.

Three weeks ago, I visited Wormwood Scrubs prison in my constituency. It is a prison that I have visited on and off for the past 30 years as an MP, a councillor and a criminal barrister. Despite meeting many dedicated officers and determined governors, I have never changed my mind about it being an unsuitable institution in the 21st century, particularly for the rehabilitation, or indeed the punishment, of offenders. On my most recent visit, I saw that many of the men were sharing one-person cells with unshielded toilets, making their living conditions cramped and unpleasant with no privacy. In addition, the Scrubs, like many prisons, is still operating a 23-hour lock-up regime, in which some prisoners get only one hour a day outside their cells. Is it any wonder, then, that self-harm and poor mental health are at a high across the prison estate?

I recently asked a series of written questions of the Minister’s Department, mainly on the topic of time out of cell. The MOJ responded that it does not hold those statistics centrally and that it was not practical for it to record the data. How does the MOJ hope to have an overview of the wellbeing of the prison population in its care if it does not know what each prison’s time-out-of-cell regime is? I followed up to inquire about why the MOJ does not collect that data centrally, and I was provided yesterday with a response that said that the MOJ would need to record data for each prisoner individually, based on his or her movements each day, to understand time out of cell for each prison. If I may say so, that is a ridiculous response and the Minister has misunderstood the question—not intentionally, I hope.

To get an understanding of each prison’s time-out-of-cell regime, the MOJ need only ask each prison to report that data to it. As the data is about the time out of cell rather than the individual schedules of prisoners, it will be much simpler to collect than the Ministry pretends. [Interruption.] The Minister is chuntering from a sedentary position. I am sure that he will, when he responds, deal with that point in more detail.

A couple of weeks ago at Justice questions, I also asked about the overcrowded conditions in prisons. That data is held and published by the Government, but I do not think it is an accurate representation of what is and is not an overcrowded prison. For example, when I visited Wormwood Scrubs, the governor told me that she had just been asked by the MOJ to increase operational capacity. How will we ever know if a prison is overcrowded if the MOJ keeps moving the goalposts of operational capacity? If the MOJ keeps asking prisons to increase operational capacity, overcrowding will become an even bigger problem, as well as something of a hidden one.

Prisons are overcrowded, single cells are being used to house two people, and most time-out-of-cell regimes are oppressively restrictive. What necessitates much of that is an insufficient number of staff on the wings. Prisons need more staff, but they cannot hire more staff if their budget does not allow it. Prison officers are leaving the profession in their droves, and it is not hard to see why. It is a very dangerous job; prison officers are at very real risk of physical injury. It is also emotionally taxing seeing prisoners at some of the lowest points in their lives, and getting very little assistance by way of productive work, education and other support. The pay does not do the job justice, and is proof that the MOJ has insufficient regard for the profession. It wastes thousands of pounds training new prison officers who then leave within the first two years due to the conditions. It is clear that something is going very wrong, and the Government need to fix the problem.

[Conor McGinn]

As well as prison officers, will my hon. Friend join me in paying tribute to prison chaplains, particularly at his local prison of Wormwood Scrubs, where Father Gerry McFlynn was the chaplain for a long time? He is now the director of the Irish Council for Prisoners Overseas; my right hon. Friend the Member for Hayes and Harlington (John McDonnell) will know him. Father Gerry celebrated his golden jubilee just last week—he is 50 years an ordained priest, and has dedicated his whole life to prisons and prison chaplaincy. I am sure my hon. Friend will join me in sending his regards to Father Gerry, as will all Members.

[Andy Slaughter]

I am very glad to have taken that intervention. I agree that prison chaplains, prison priests, prison vicars and prison imams—we have an excellent imam at the Scrubs—are in many ways unsung heroes, doing a fantastic job alongside the other staff.

I am afraid that often the problem is the MOJ itself, which is seemingly always one of the first Government Departments to offer itself up as soon as the Chancellor of the day mentions cuts. I think its budget is now 12% lower than it was in 2010. If prisons do not have the staff to unlock the prison safely for a reasonable period of time, do not have the money to provide meaningful activities and do not have the resources to provide good-quality education, mental health declines, and that can have tragic consequences for prisoners and staff.

I will come back to the issue of education in a moment, but I will briefly mention mental wellbeing in prisons. I recently met a lawyer who has been representing four bereaved families of prisoners from Wormwood Scrubs who took their own lives. Between April 2020 and February this year, there have been seven self-inflicted deaths at the Scrubs. The pain for the families must be unimaginable, and I am sure that other prisoners and the staff who found the deceased are also struggling. Any self-harm death in a prison is a potentially preventable one that deserves a rapid response to work out what went wrong and to implement learning for the future, but not one of those cases has yet made it to an inquest. An inquest for one of the families is scheduled for August this year, but that is over three years of waiting for answers.

We rightly talk a lot about the court backlog, but maybe not enough attention is paid to the coroner’s court backlog. According to coroner statistics for 2022, the average time from the date of death to the conclusion of an inquest is 30 weeks, but it is a postcode lottery; I think the worst case was at North Lincolnshire and Grimsby, where the wait was 72 weeks. One of the important outcomes of inquests is often the prevention of future deaths report. If an institution such as Wormwood Scrubs is waiting over three years for an inquest into the death of a prisoner and there is crucial learning that a coroner could uncover, how can that prison be expected to make the necessary changes? When the coroner does provide recommendations in their prevention of future deaths report, how do we know that public bodies will implement them?

I recently spoke on a panel for a campaign launched by the charity Inquest, which is asking the Government to implement a national oversight mechanism. The mechanism would collate recommendations from inquests and prevention of future deaths reports, along with the public body response, in a database. It would then analyse these responses, and produce a report. Finally, the mechanism could allow a follow-up procedure to check on the progress of implementing changes arising from the original recommendations. This sounds like a sensible and not expensive approach, and one that could help to lower the number of preventable deaths, if recommendations became centralised and easy to follow up. I am grateful that the Under-Secretary of State for Justice, the hon. Member for Finchley and Golders Green (Mike Freer), has offered to meet me and Inquest to discuss this, and I hope to hear from him soon. I realise that deaths in custody and deaths in prison are only one part of the equation, but they are an extremely important part.

I want to finish by coming back to education in prisons, In my recent meeting with the governor at Wormwood Scrubs, she explained that individual prisons have little control over their education services. The MOJ employs education providers in the Prison Service, but the quality of these providers can vary greatly from prison to prison. The governor says that she is unable to change the provider, because it has a contract with the MOJ for a number of prisons. That is only one example, but I think it is typical of the disconnect and neglect that is apparent.

I mentioned local and remand prisons. These are often the oldest, Victorian prisons and those in the worst condition. The Government boast—I am not sure why—that they are on this massive prison expansion programme and putting huge sums of money into new prisons. However, that is not to renew the prison estate, but because of the increase in population. I urge the Minister to look at the way that some of our older prisons are being run. They do a disservice not only to the people who work there and run them, as well as of course to the inmates, but to the wider community, because people are not being rehabilitated and are coming out of prison insufficiently supported and going back into prison very quickly. That is a recipe for disaster not only for the individual but for society as a whole, and it is an indictment of the failure of the prison system under this Government.