Prisons (Interference with Wireless Telegraphy) Bill

Baroness Hayter of Kentish Town Excerpts

2nd reading (Hansard): House of Lords
Friday 26th October 2018 Lords Chamber

[Baroness Hayter of Kentish Town (Lab)]

My Lords, although this Bill is welcome, its provisions would, of course, have been better within a government Bill that incorporated a comprehensive programme for the reform of prisons and courts. Our prisons are now, I am afraid, in a pretty sorry state—I think the noble Lord, Lord Ramsbotham, referred to a crisis—thanks to government underinvestment and poor management.

The previous Government’s Queen’s Speech promised reforms to transform how our whole justice system operates. But what materialised instead was a legislative drip-feed, with many of the most important challenges completely absent from their legislation. Indeed, the one welcome initiative—the one before us today—has had to be handled in a Private Member’s Bill. It would create a power for the Secretary of State to authorise communications providers to disrupt unlawful mobile use in prisons, which would otherwise contravene the law. As the Bill is all about that legal power, we do not share the worries about technicalities raised by the noble Lord, Lord German.

In 2013, 7,500 phones and SIM cards were found in prisons but, as we heard, within just two years—by 2015—the figure was nearly 17,000. This Bill goes some way to addressing that problem. There is, as we have heard, clear evidence that mobiles are smuggled into prisons, often enabling inmates to order drugs, harass victims or witnesses and even organise crimes, whether inside or outside prison, as outlined by the noble Baroness, Lady Pidding. The ability to disrupt phone usage could indeed reduce illegal activity and may help to counter organised violence and drug use. It is obviously not a panacea.

Alas, the Government have a lot to answer for regarding the sort of environment that we now see in prisons, an environment which facilitates violence, drugs and crime. If the Government are going to take a decision, as they did, to slash budgets and prison officer numbers—indeed, to neglect our prisons—they will have to accept responsibility for overcrowding, limited offender rehabilitation and the violence that goes on in prisons. Attacks are reaching a record high as the service struggles to tackle out-of-control drug use and the influence of gangs. Every 20 minutes there is an assault in prison, and a prison staff member is attacked every hour. Attacks on staff have increased by more than a quarter in the year to June, while prisoner-on-prisoner attacks have increased by one-fifth. This problem will not go away through wishful thinking; it needs serious funding and a proper strategy. We still look to the Government to provide that.

As has been said, the measures in the Bill were originally in the Prisons and Courts Bill, which fell when the Prime Minister called her rather ill-fated 2017 election. Not only did she lose her majority but this measure similarly disappeared. Can the Minister say when the other provisions in that lost Bill will come before Parliament? As I think he knows, we are particularly concerned about the measure to prohibit the cross-examination by perpetrators of victims of domestic violence in family courts. There is currently no sign of that measure appearing. I am sure the Minister is not content that it is still possible, despite restraining orders being in place, for these victims to be cross-examined by the individuals they most fear, who have made their lives and those of their children so miserable.

A recent study by Women’s Aid, with Queen Mary University of London, showed that nearly one-quarter of domestic abuse victims are still being cross-examined by the perpetrator in family courts—a practice we managed to end in criminal courts. That concern caused the Law Society and Resolution to write to the Lord Chancellor to urge action. Despite professing support, however, the Lord Chancellor resorted to that old excuse, yet again, that it would be dealt with,

“as soon as parliamentary time allows”.

That was in a letter from the Lord Chancellor three months ago. Perhaps the Government will take the opportunity provided by today’s debate to spell out when we will see that legislation. If need be, it could be addressed in a similar Private Member’s Bill or assisted by us in some other way.

We are content, with the support of your Lordships, to give this Bill a Second Reading, and we certainly wish it speedy progress. However, the Government’s handling of the legislative programme relating to wider reform concerns us. The fact that they have now to rely on a Private Member’s Bill, welcome though this one is, as a vehicle is probably also of concern to your Lordships. For now, we wish this Bill well.