Prisons: Planning and Policies

Baroness Chapman of Darlington Excerpts

Thursday 15th October 2015 Westminster Hall

[Jenny Chapman (Darlington) (Lab)]

It is an immense pleasure, Mr Walker, to serve under your chairmanship once again this week, as I do every Wednesday afternoon on the Select Committee on Procedure. I do not think that I have ever taken part in a debate that you have chaired in Westminster Hall.

It is a pleasure to respond to this report by the Select Committee on Justice. The previous speakers have been incredibly kind to the Government. When I read the report, I thought what uncomfortable reading it would be for Ministers and officials, as it does not pull its punches at all. The hon. Member for Bromley and Chislehurst (Robert Neill) has been incredibly generous in his presentation of the report; his manners are a credit to his parents. I do not think that I will be quite as polite. I am under no illusions about the nature and scale of the task faced by the Ministry of Justice in tackling the crisis that is beginning to take hold in prisons. It is a crisis, and I do not use that word lightly. I have avoided using it for my first four years in this role, but I am beginning to think that a crisis is exactly what we are seeing.

The report explains very well the overcrowding and violence, and that there is zero improvement in reoffending figures. [Interruption.] The Minister is asking his officials. They will find a not statistically significant reduction in reoffending figures—a wasted five years in the previous Parliament. Opportunities have been missed to improve outcomes. It seems that almost every opportunity has been taken to make matters much worse.

The most urgent issue that the report, quite rightly, addresses is that of violence in prisons. The Minister and I have had debates in here on that very issue. I know that he is acutely aware of the level of the problem and he knows of my long-standing concern, which dates back to early in the previous Parliament, when I met one of his predecessors, the hon. Member for Reigate (Crispin Blunt), along with prison officers from the north-east.

One of the officers, Craig Wylde, had been assaulted by an inmate with a history of violence who had barricaded himself into his cell at Frankland prison near Durham. The inmate attacked several officers with a broken bottle, causing life-changing injuries. As far as I am aware, they have not all been able to return to work. That case brought home to me that violence in prisons is not just a case of throwing punches or the inappropriate use of restraint techniques. It can be extremely serious.

For the first time that I can remember, this year we lost a serving custody officer while she was at work. That happened since the publication of the report; I am sure it would have been included. Although she was not in a prison at the time, the tragic event reveals something about the level of risk that prison staff take on a daily basis. At Prime Minister’s questions in the week following that dreadful murder, members of neither Front Bench—I do not reserve criticism just for those on the Government Front Bench—used the opportunity to pay tribute to Lorraine Barwell in the way that they, quite correctly, do when a member of the armed forces or a police officer is killed in the line of duty. It saddens me to acknowledge that this reveals something of a disparity of esteem in the eyes of the media and the public. That is not right and we must all work to put it right. Prison officers are brave public servants working to keep us safe. They deserve equal respect and acknowledgement for the job they do.

I have spoken for the Labour party on prisons since 2011. Throughout that time, the deterioration of standards in jails has been shocking, and they were not in a great state to begin with. I worked in prisons in the early ’90s; I know exactly the state that they were in then and I see the state that they are in now. I have seen nothing but decline. The situation is not, in any way, the responsibility of those working in our prisons. They are not to blame. Overcrowding, understaffing and a lack of political interest or leadership is responsible. The statistics are really quite grim. As the report states,

“since 2012 there has been a 38% rise in self-inflicted deaths, a 9% rise in self-harm, a 7% rise in assaults, and 100% rise in incidents of concerted indiscipline…There are fewer opportunities for rehabilitation, including diminished access to education,”—

we all remember the book ban—

“training, libraries, religious leaders, and offending behaviour courses.”

There have been 43 suicides and five homicides in prisons in the past six months. Serious assaults on staff are at an all-time high, with overcrowding, drugs and radicalisation getting worse or, as the chief inspector feels, becoming accepted as part of prison life. The most telling paragraph in the report is paragraph 17 on page 70. I want to read a few sentences from it. It is quite disturbing and I would like to hear the Minister’s response. It says:

“It is possible that the Ministry might be taking the matter of the sudden rise in self-inflicted deaths seriously internally, but downplaying publicly its significance, and the potential role that changes in prisons policy might be playing in it, is ill-advised as it could be construed as complacency and a lack of urgency.”

That is how it is construed. I do not suggest for a second that that is how the Minister intends it to be construed or that he personally feels that way about it, but that is the perception in jails. That is why he urgently needs to set his mind about the issue.

I have spoken in similar terms on so many occasions, as have organisations representing staff and others with an interest in prisons, but the Government continue to speak in the same terms. We hear about the rehabilitation revolution, working prisons, and through-the-gate support, but it is all starting to wear very thin. The Government’s disdain—shown through their inaction, if not their words—is unforgivable. As well as a new Justice Committee Chair and, mostly, a new Committee, we have a new Secretary of State. It is great to hear him. Some of the things that he is saying are very welcome but we have to see more than just words.

However, even in the grimmest of times—and I think these are the grimmest of times in prisons—there are always shining examples of success. We have all visited prisons and seen workshops preparing offenders for employment, amazing charities working to maintain vital family links, prison officers helping inmates to read and businesses, such as Timpson, going to great lengths to provide jobs on release. I admire those working in our prisons to contribute to the gargantuan task of reducing reoffending.

The Government have made a start, and I want to encourage more of the same, but we must assess the effectiveness of such interventions and focus funding on those proven to be most effective. It is incredibly frustrating to find that the work that does happen is so patchy and is not enough to have a significant impact on reoffending figures, which is probably because the methods are very inconsistent and delivery sometimes lacks quality. Access to courses, as we know, is extremely limited, and understaffing leads to offenders spending time idle and to missed opportunities to put right bad attitudes.

I welcome the new Secretary of State’s declarations. I completely support him when he says that he wants better education in our prisons, and more of it. I support him when he says that he wants to work to create a system in which every offender gets a chance to change—absolutely. But, so far, his words are lacking in substance, and he has not yet come up with a single policy that tells us how he will achieve his aims. We look forward to hearing about those policies, but so far we have not.

The Secretary of State does not need me or anyone else to worry about him all that much, but in his rush to reform our penal system he must not forget the needs of victims or neglect the vital task of maintaining public confidence in criminal justice. I share many of the concerns that he expresses, but he must remember that, if public confidence is lost, his opportunity to reform will vanish, too. The Minister will probably ask, “What would you do?” That is a fair question. We would fundamentally change how prisons are managed. It is pleasing to hear the Secretary of State utter similar words.

The report also observes that prison governors are “effectively becoming contract managers”, which the hon. Member for Bromley and Chislehurst articulated well. Prison governors are constrained in their operational decisions, and the Committee rightly concludes that

“relegating governors to an oversight and partnership management role with much reduced discretion undermines their control over the performance and safety of the establishment and their ability to govern their prisons using their professional judgment, as they are trained at public expense to do.”

I would like to see the creation of prisons that are not centrally run from Whitehall. Instead, we should have locally run establishments. If hospitals, colleges and fire services are best run by local stakeholders, why not our prisons? It has never made sense to me that, at a strategic level, prisons should be entirely detached from the services needed to house, heal, educate and employ their inmates on release. It is no wonder that prisons do not succeed more often and that homelessness, unemployment, mental illness and drug and alcohol abuse are all commonplace among those recently released from prison. We know that those factors all contribute to reoffending and that roughly half those released from custody reoffend within a year.

I am glad that the Secretary of State seems to be coming round to that point of view. When we hear his concrete proposals, I have no doubt that we will do our best to support him, but it is widely accepted that work to prevent prisoners from returning to crime has to begin before release. That is better achieved if agencies with expertise in preventing homelessness or combating drug addiction have a stake in devising and delivering prison regimes, not just in providing programmes within a prison or providing support after release. That would be a major reform, and it would need to be piloted. Some service providers need to confront the consequences of getting things wrong the first time by taking a lead in putting things right. High reoffending rates are not the responsibility of the Ministry of Justice alone.

Conservative estimates say that about 23% of the prison population have been through the looked-after system. If that group were better provided for and prevented from committing crimes, we would save the Treasury an absolute fortune. Even if only half that group were kept away from crime, we would prevent some 10,000 people from becoming victims, saving about £270 million each year in incarceration costs.

Alongside a change in management, we need a change in inspections. Her Majesty’s inspectorate of prisons produces excellent, insightful reports that act as catalysts for change in the institutions concerned, and more widely—ending the handcuffing of women in labour is a good example. If, as the report suggests, Parliament is to be asked to devolve many of the decisions on running prisons to establishment level, we must have confidence that high standards of security and safety will never be compromised. I suggest that we need a new kind of inspectorate with more frequent unannounced inspections that produces reports with real clout. Too often, we see the response to a poor inspection report centre on the appointment of a new governor. I have read so many times that things have improved dramatically since an inspection took place, but inspectors need the ability to insist on meaningful and immediate change.

I encourage the Government to put more effort into preventing people from getting involved in crime in the first place. As the Committee rightly observes, prisons have no control over which, or how many, inmates they hold. As has been observed, effective policing, work with troubled families, Sure Start and good mental health services for young people are all ways in which the Government can improve outcomes in prisons. The Minister should share the love for prisons by trying to get some of his colleagues in other Departments as interested and as keen to improve things as I know he is.

The Committee rightly observes that, with the need to make financial savings in the medium term, there is no scope to spend more on prisons. I therefore encourage Ministers to look closely at the Youth Justice Board. We have committed to extending the YJB’s responsibilities to include 21-year-olds and to developing a women’s justice board because we want to reduce demand on prison places by intervening early to divert those at risk of committing crime away from harming themselves and others. We need to see the proper use of restorative techniques and beefed-up community orders, but never at the expense of public confidence. We must always be mindful of the needs of victims.

I never felt unsafe when I worked in prisons. I benefited from quality supervision and good support from all grades of staff. Uniformed officers took leading roles in preventing bullying. They demonstrated daily how to keep calm in tricky situations and how to de-escalate violent disagreements without anyone getting hurt; they knew how to listen. They were trained to support rehabilitation day in, day out without any fuss or particular expense. The report captures that very well, as did the Committee’s earlier report “Role of the Prison Officer”, which I commend to the Minister.

Twenty years on, prison officers are undervalued and underused. We need to support them so that they are not, and never will be, just turnkeys. As the Committee put it in 2009—it is just as true now as it was then—prison officers’ sense of vocation

“needs to be encouraged, nurtured and developed as far as possible rather than, at best, being taken for granted and, at worst, ignored.”

I am grateful for this debate. It is not often that we get the opportunity in this place to have a good romp around the issue of prisons, but this debate has afforded that, and I look forward to the Minister’s response. There is one more thing that I committed to ask the Minister. I now have a regular slot on BBC Radio Berkshire to talk about Reading jail. The Chairman of the Committee and the report discussed the new-for- old programme. It is a sound strategy in principle, but in some places such as Reading, there are empty, mothballed prisons at strategic sites in towns with potential global heritage value. Local people in Reading are getting frustrated at the Ministry of Justice’s lack of ability to decide what to do with the site. If the Minister or his officials can put the minds of the people of Reading at rest about the future of that site, that would be welcome, and would save me my early morning slot on Radio Berkshire.

[Mr Charles Walker (in the Chair)]

Before I call the Minister, I remind Members that we will hear from the Chair of the Committee for a few minutes after the Minister has finished his speech.

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

It is a pleasure, as always, to serve under your chairmanship, Mr Walker. I thank the colleagues who have spoken so knowledgeably in this debate; I know that they all care deeply about the issues, and I am grateful for their remarks and the expertise that they bring to our proceedings.

Let me start with the issue of prison reform, about which much has been spoken. It is true that our thinking on the issue is emerging and developing; I am grateful to the hon. Member for Darlington (Jenny Chapman) for her support for what she has heard so far. As she and others have said, it is clear that our current system fails to rehabilitate offenders and ensure that criminals are prevented from reoffending. Our prisons must offer offenders the opportunity to get the skills and qualifications that they need to turn their lives around, particularly qualifications that have value in the labour market and are respected by employers.

Key to the reforms that we are putting in place is the role that prison governors play in helping drive through change. We have many dedicated and hard-working governors—I had the pleasure of going to a Prison Governors Association meeting on Tuesday—and the Justice Secretary and I want to ensure that those who run establishments are more autonomous and accountable but also demand more of our prisons and of offenders. Currently, governors do not have control over what happens in their prisons. We want to give governors that control, and we want to incentivise and reward them for delivering the right outcomes.

The Secretary of State has also acknowledged that working conditions in much of the current prison estate—particularly older Victorian prisons, which have high levels of crowding, as the Chair of the Committee and others have mentioned—are not conducive to developing a positive rehabilitative environment. He has made clear his ambition to replace ageing and ineffective Victorian prisons with new prisons that embody higher standards in every way they operate. On the final comments made by the hon. Member for Darlington, we are actively considering all those issues and have set out the direction of travel. Over the past five years, we have sold 16 prisons, considerably more than in the previous 20 years or so. Our record has been one of taking action where we need to, and we are actively considering all those issues.

The money we make from selling off old prisons should be reinvested in commissioning a modern, well-designed prison estate that designs out the faults in existing structures that make violent behaviour and drug taking harder to detect. The Government recognise fully that the private sector has innovated well, particularly in its use of technology in prisons, and that there are opportunities to innovate further across public sector prisons.

We must also tackle overcrowding, which the Chair of the Committee also quite properly mentioned, with sufficient places to meet demand that all provide a safe and decent living environment. We have recently delivered 1,250 new places in the four new house blocks at Peterborough, Parc at Bridgend in south Wales, Thameside and the Mount outside Hemel Hempstead, and we are currently building a 2,106-person modern fit-for-purpose prison in north Wales. We recognise the Committee’s concern about the impacts of a rise in the prison population. The need to be prepared for unexpected rises in demand will always be necessary. As the Committee recognised, we keep the capacity for each population cohort under review and rebalance the estate as required.

I move now to the issue of education and employment, which has quite properly featured highly in this debate. Prison should offer offenders the chance to get the skills and qualifications that they need to make a success of life on the outside—a second chance to make the best of the education that, in many cases, they did not get when they were younger. That is a crucial area of our reform agenda, and the Secretary of State and I are putting in place steps to help make prisons places of purpose by increasing education and employment opportunities for offenders. That includes working with other Departments, such as the Ministry of Defence, to expand work opportunities.

I also pay tribute to companies such as Halfords. I have mentioned the academy that Halfords runs in Onley prison, where instructors and prisoners work together in a well-equipped workshop. They all wear Halfords sweatshirts, and prisoners go out on day release to work in Halfords stores. After they complete the course, on release, there are jobs available for them as bicycle mechanics in Halfords stores. That is an excellent model providing employment on release, and it is exactly what I want to see a great deal more of.

[Jenny Chapman]

The examples that the Minister cites are entirely appropriate and excellent, but they are just examples. The situation is patchy. What plans does he have to make that kind of experience the norm? My observation is that it is incredibly difficult to create such models of good practice throughout the country. It is something that Ministers have struggled with ever since I can remember.

[Andrew Selous]

The hon. Lady is absolutely right. We need to do better, and I am extremely ambitious and impatient to do more. I assure her that I regularly raise the issue with my officials, and I will continue to do so, because I share her impatience at the scale of the challenge. We need to act at pace to do something about the issue.

That said, work in prisons continues to grow steadily, with 14.9 million hours worked across the estate in 2014-15. However, as I said, I am determined to do much more. Increasing numbers of prisoners are also engaged in learning, but Ofsted inspections confirm that one in five prisons has an inadequate standard of education provision and another two fifths require improvement. That is why the Secretary of State has asked Dame Sally Coates, a distinguished former headteacher, to chair a review of the quality of education in prisons, which will report in March 2016.

The review will examine the scope and quality of current provision in adult prisons and young offender institutions for 18 to 20-year-olds. It will consider domestic and international evidence of what works well in prison education and identify options for future models of education services in prisons. In the meantime, work is already in progress to improve the quality of learning and skills in prisons, including: finding ways to improve class attendance and punctuality; collecting better management information, which is key; improving support for those with learning difficulties and disabilities, including mental health issues, which my hon. Friend the Member for Bromley and Chislehurst (Robert Neill) raises rightly and regularly; and developing more creative and innovative teaching.

On that point—I have mentioned it before—Swaleside has a good maths and English programme in the physical education department, of all places, that has been particularly successful at helping harder-to-engage prisoners improve their English and maths skills. That is exactly the sort of thing that I am talking about, and we need more of it.

In August last year, we introduced mandatory assessment of maths and English for all newly received prisoners, so we now have a proper baseline measure of prisons’ standards of literacy and numeracy. We have also invested in a virtual campus, a secure web-based learning and job search tool, currently available in 105 prisons to support prisoners’ education.

In addition to education inside prison, the Government also fully support prisoners using temporary release to take up work, training and educational opportunities in the community as well as to maintain ties with families. Although that should never come at the expense of public protection, it is a powerful tool for reintegrating offenders back into the community and preparing them for release. All the measures taken since the ROTL review in 2013 focus on minimising the risks taken in allowing temporary release and ensuring that releases are purposeful. The latest data show a 39% reduction in recorded instances of ROTL failure. We agree that ROTL can be a useful resettlement tool; it is important not to let abuse by a small number of people undermine it. We will review the impact of the new measures in 2016, so we can be sure that the public is protected while avoiding unnecessary restrictions on purposeful rehabilitative ROTL.

I turn to young people and young adults in custody. Although fewer young people are committing crimes for the first time, those who enter the youth justice system are some of the most troubled in our society, and too many go on to commit further offences. The significant reductions in volumes mean that the youth justice system now faces very different challenges. We need to consider whether the structures and delivery models created in 2000 are appropriate to meet the challenges of 2015 and the changes to the public service landscape. We also need to ensure that the youth justice system provides maximum value for the taxpayer. In recognition of the continued significant reductions in the number of young people in custody, as well as the scale of the financial challenge, we will not pursue plans to build a secure college, although we remain committed to improving education for all young offenders.