Prisons: Overcrowding

Baroness Vere of Norbiton Excerpts

Thursday 7th September 2017 Lords Chamber

[Lord Beecham (Lab)]

My Lords, I join other noble Lords in congratulating the noble and learned Lord, Lord Brown, on securing the debate and on his masterly review of the crisis in our prisons system.

On 23 February, a Home Office press release announced:

“Justice Secretary Elizabeth Truss unveils landmark Prisons and Courts Bill”,


and claimed that the Bill,

“paves the way for the biggest overhaul of prisons in a generation”.

In her Second Reading speech on the Bill—which of course subsequently seems to have disappeared—the then Lord Chancellor proclaimed:

“We have held the prison population stable for the last six years”. —[Official Report, Commons, 20/3/17; col. 657.]


Stability can of course take several forms. Certainly prisoner numbers remained stable, but as today’s debate makes clear, stability cannot be claimed for the rising tide of violence, self-harm and drug abuse which grew exponentially in those six years.

For a quarter of a century, under successive Governments, the number of prisoners grew inexorably, until we now have, as we have heard, the highest incarceration rate in western Europe, higher than some of the less advanced countries in eastern Europe. Also, of course, the number of prison officers has fallen substantially, by more than 25%.

The consequences include the highest number of deaths among prisoners on record in the year to March 2017. The chief inspector’s report states that a third of the 344 deaths were self-inflicted, while serious assaults more than doubled in the last three years, and, tellingly, assaults on staff rose by 88% in the last two years. Force is also used by prison staff, and the report discloses that it was found at a high level in two-thirds of prisons, while it expresses,

“concerns about the quality of documentation used to justify the use of force”.

Further, self-harm figures rose from just under 26,000 in 2014-15 to over 40,000 in 2016, a rate of 471 per 1,000 prisoners. The Howard League recently reported a 75% increase in two years of additional days in prison for breaking prison rules, to a total of 290,000 cases.

Having reduced the number of prison staff by 7,500 and saved £900 million by 2015, the Government are now seeking to recruit 2,500 new officers. However, the number of front-line staff increased by only 75 in the last year after allowing for numbers leaving the service. Can the Minister update the figures for those leaving and those joining the service, and can she tell us the average term of service for those who departed? Does she accept that, so far from prison numbers being held at the present level, let alone reduced, the forecast for 2020 is now for the numbers to grow to 90,000? If so, what are the implications for staffing and new prison places?

The chief inspector’s report of 18 July is a veritable litany of failure across the penal system. He highlights the fact that only 14% of prisoners and 4% of young adults were unlocked for at least 10 hours a day, and was shocked to discover that 30% of the latter spent fewer than two hours a day out of their cells. He was confronted by vermin infestation and insanitary toilets and showers. Too many prisoners suffered from learning disability or mental health problems, and he affirmed that it is the,

“job of the Inspectorate to point out where the imbalance between staff and prisoner numbers adversely affects the treatment of and conditions for prisoners”.

It is fair to point out that the inspector found conditions in women’s prisons to be better, but self-harming and suicide reached the highest level in women’s prisons in 12 years. Similar patterns were-reflected in young offender institutions, where the inspector shockingly concluded that,

“there was not a single establishment that we inspected in England and Wales in which it was safe to hold children and young people”.

It is particularly disturbing to learn that:

“In many cases the response to previous recommendations has been unforgivably poor”,


with,

“42% of recommendations on safety”,

not being achieved.

Worryingly, the report records a decline in the condition of secure training centres, stating:

“We have seen regimes where boys take every meal alone in their cell, where they are locked up for excessive amounts of time, where they do not get enough exercise, education or training, and where there do not appear to be any credible plans to break the cycle of violence”.


It is difficult to imagine a more damaging critique of any public service, let alone one concerning young people. Paradoxically, the report notes that large sums of money have been provided for teachers and classrooms that are being paid for but not used, because institutions cannot get boys to education in time or at all.

We are entitled to ask of the Government what notice, if any, they take of the inspectorate’s reports regarding the funding of the service and the penalties imposed for failure, especially in prisons being run for profit by the likes of G4S and Sodexo. Damningly, in his introduction to the report, Mr Clarke points out that, notwithstanding his statement of the previous year,

“too many of our prisons had become unacceptably violent and dangerous places. The situation has not improved – in fact, it has become worse”.

What are the Government going to do to rectify this dire and shameful situation? The much vaunted Prisons and Courts Bill was launched in February, claiming to be,

“paving the way for the biggest overhaul of prisons in a generation and the delivery of a world-class court system”.

I observe that we already have a world-class system—unfortunately, it is a third-world-class system. We do not know what the Government’s intentions are in respect of legislation. Perhaps the Minister could advise us. What has become of the claim in the Government press release of 23 February that the,

“Historic Prisons and Courts Bill will transform the lives of offenders and put victims at the heart of the justice system, helping to create a safer and better society”,

and that,

“new legislation underpins measures outlined in the ground-breaking Prison Safety and Reform White Paper which will transform how our prisons operate”?

Ever helpful, as is my wont, I suggest that the Government begin again and include in any future Bill on the topic—assuming there is parliamentary time in the face of the tidal wave of Brexit legislation which is about to overwhelm us—some basic proposals designed to reduce the prison population to a more manageable, and therefore more effective, level. First, in addition to the suggestions of the noble and learned Lord, Lord Brown, there is a need to deal much more promptly with the scandal of the IPP prisoners, still numbering some 3,000. Secondly, the Government need to reduce significantly the number of prisoners on remand pending trial, a significant proportion of whom will be found not guilty or, if guilty, receive light, often non-custodial sentences. Thirdly, in discussion with the judiciary, they need to review the degree of sentence inflation which has characterised the last couple of decades, which a number of noble Lords have referred to. Fourthly, they need to reconsider their policy of building very large prisons, which in too many cases are very distant from the families and communities to which prisoners will return on their release. Lastly, they need to investigate the disproportionate number of ethnic minority prisoners relative to other offenders committing comparable offences.

We have had a broad and very well informed debate which I hope the Government will take on board. I’m not sure whether the noble Baroness, Lady Vere, has had to reply to a debate on prisons thus far?

[Baroness Vere of Norbiton (Con)]

No.

[Lord Beecham]

I hope her initiation has not proved too painful. I am sure she will address very seriously the issues that noble Lords around the House have raised and will, together with the new Lord Chancellor, make greater progress than seems likely at present. I think the House will be grateful to the noble and learned Lord, Lord Brown, in particular, who has, as ever, brought his masterful experience of the system to the fore and made a very strong case for the change that is needed to make it more effective and humane.

[Baroness Vere of Norbiton]

My Lords, I would like to begin by thanking the noble and learned Lord, Lord Brown, for securing this debate. He and other noble—and in some cases noble and learned—Lords have raised some very important points, which I hope to address. I will certainly write to address detailed and specific points, as so many have been raised today, and I am extraordinarily grateful for the quality of this debate.

Our prisons have been overcrowded for well over a decade, with the rate stable at around 25%. Overcrowding has been a long-standing issue for successive Governments. In November last year, to tackle overcrowding and other problems facing the prison system, this Government launched the Prison Safety and Reform White Paper. This programme will transform the prison estate and the experience of prisoners in it. It includes a £1.3 billion investment to make prisons safe and secure—and, in turn, places of rehabilitation. To reduce overcrowding, we must act in two areas. We must reform the prison estate and manage prisoner numbers.

Turning first to the prison estate, we need to make sure that we have the right number of prison places of the right type in modern or modernised buildings. There remain large parts of the prison estate that are old and inefficient, as noted by my noble friend Lord Colgrain. Prisoners are housed in poor physical conditions. Our transformative prison building and redevelopment programme will put this right. We are replacing old, inefficient prison places with 10,000 modern and better-designed places that support prisoner rehabilitation. Reducing overcrowding is a central aim of this estate modernisation, and the new prisons will be designed with this firmly in mind—so I believe that what we are doing is in line with the comments of the noble and learned Lord, Lord Brown. We are not building significantly more, but we are building better. We are also making sure that places are available now by bringing unused cells back into use.

I turn to the number of prisoners in our prisons. The Government are clear that there will always be enough prison places for offenders committed to custody by the courts, but many of the opportunities for achieving a better outcome for prisoners and the public may result in a reduction in prisoner numbers and will therefore help us tackle overcrowding. First, we must reduce reoffending. Many noble Lords have mentioned reoffending or the factors that lead to it: a lack of education and training, a dearth of employment opportunities, drug or alcohol addiction, poor mental health, and so many more. Reoffending costs the country £13 billion a year and puts a huge strain on our prisons.

The Government are committed through the prison safety and reform programme to improving the education, training and employment opportunities for prisoners, including encouraging prisoners to get qualifications in English and maths, providing access to apprenticeship programmes and teaming up with employment partners such as National Rail, Timpson, Halfords and so many more, as mentioned by the noble Lord, Lord Lee. There will be more on these when we launch the education and employment strategy later this year.

The Government are also working to help prisoners beat addiction by ensuring access to trained providers of specialist addiction services. We have also announced measures to crack down on the availability of drugs in prisons. We believe that these actions will reduce reoffending and aid rehabilitation.

IPP prisoners have an impact on prisoner numbers, of course, and were mentioned by many noble Lords. We are committed to helping the remaining IPP prisoners to progress through their sentences towards safe release. IPP sentences, introduced by the previous Labour Government, were imposed a long time ago and were abolished by the coalition Government in 2012. Since then, the Prison Service, the National Probation Service and the Parole Board have taken up a range of work to speed up IPP sentence progression. This has included diverting recall cases away from the Parole Board so that it can focus on reviewing IPP prisoners; enhanced case management, with a view to avoiding IPP cases becoming stuck in the parole system; increasing the provision of places on new progression regimes; and improved access to interventions and programmes. Last year alone, 576 IPP prisoners were released—the highest number of annual releases. The Parole Board gave a release decision to almost half of all IPP prisoners considered, and recommended a move to open conditions for a further quarter.

There are a number of other areas it is worth mentioning with regard to prisoner numbers. The first is our focus on deporting foreign national offenders. Last year we deported 6,171—a record number. Electronic tagging, mentioned by the noble Lord, Lord Marks, is an effective offender management tool, which can give suspects and offenders a chance to maintain their ties with a community while imposing additional safeguards to protect the public. The work to deliver the new service is complicated and has taken longer than originally anticipated, although lessons have been learned along the way. Our changes will introduce location monitoring and the flexibility to bring in an even greater range of monitoring in the future.

There is also the use of release on temporary licence as part of rehabilitation, where we will maintain improvements recently made to ROTL and allow governors greater discretion to help prisoners get the skills and training that they need. We will, however, continue to use recall where appropriate for breaches of conditions, particularly where there is a risk to the public—but we are taking action to ensure that more is done to help offenders complete their licence period successfully without reaching the point where recall becomes necessary.

Noble Lords referred to other issues that may ultimately make it less likely that a prisoner will be rehabilitated and go on to become a successful returning citizen. I have mentioned that we are taking steps to tackle drug addiction and reduce the availability of drugs. These are important to improve prisoner rehabilitation and reduce violence and instability in our prisons. We want prisons to be places of hard work, rigorous education and high ambition, with incentives for prisoners to learn and for prison staff to prioritise education and work. We need to put the tools to drive change into the hands of those in the front line, who know best what works. Progress is being made on a number of recommendations, including giving governors the budget and flexibility to spend their resources appropriately in order, for example, to help prisoners keep up important family ties—which was mentioned by the noble Baroness, Lady Hollins.

To support prisoners and enable each to reach his or her new potential, the new offender management model included as part of the prison safety and reform programme ensures that each prisoner has a key worker with time to engage one to one, act as a mentor and support changes in attitudes and behaviour. Each prison officer will have no more than around six cases. That will ensure that prisoners have the means to develop a programme of support that meets their needs: from access to education to getting ready to leave prison, from getting treatment for poor mental health to enrolling on a training programme.

Many noble Lords, including the noble Baroness, Lady Murphy, the right reverend prelate the Bishop of Rochester and the noble and right reverend Lord, Lord Harries, mentioned the problems of suicide, self-harm and poor mental health. On suicide and self-harm, we have put in place a range of measures to support prisoners who are at risk of self-harm or suicide, especially in the first 24 hours, when they are at their most vulnerable. We are rolling out new training that will help staff identify the risks and triggers of suicide and self-harm and understand what they can do to support prisoners at risk. We have put in place specialist roles, including regional safer-custody leads in every region to provide advice to prisoners and spread good practice. We are using experts, including providing extra funding to the Samaritans, to provide support for prison staff and prisoners directly.

On mental health more broadly, we need a more systematic, nationally consistent approach that provides quicker and more certain access to mental health treatment. We are working with the Department of Health and NHS England to develop a new health and justice protocol so that courts are able to increase their use of mental health treatment requirements, alcohol treatment requirements and drug rehabilitation requirements as part of a community sentence. This will mean that we can intervene earlier to deal with mental health and substance misuse issues. We are also working with the judiciary and the Health Secretary to make sure that courts have better access to psychologists and registered mental health practitioners. These liaison and diversion services—for which we are grateful to the noble Lord, Lord Bradley, for his work—are being trialled at police stations and courts across nearly 70% of the country. NHS England is leading a cross-government programme to expand these services to the whole of England by 2020-21.

Finally, prison must be safe. The level of violence in our prisons is unacceptable. We are fully committed to making prisons safer and addressing the significant increase in violence and assaults by increasing staffing levels and improving ways of working. In all of this, the work of prison staff is supported by close working relationships with a range of partners. Prison chaplains of many faiths, for example—mentioned by the noble Baroness, Lady Hollins, and the right reverend Prelate the Bishop of Southwark—are critical in providing pastoral and spiritual care to those in our care. They offer valuable support to governors in delivering decent and humane regimes. We recognise and welcome the valuable pastoral care that our chaplaincies provide to staff and inmates across the prison estate.

There is much more to be done—much new thinking to be had and innovation to be found. That was mentioned by my noble friend Lady Bottomley and the noble Lords, Lord Wigley, Lord Alton and Lord Bird. I hope that we can continue these discussions going forward.

In order to achieve our goals and provide prisoners with the support that they need, we need to back the hard-working prison workforce already in place and bolster its numbers over the next 18 months. That is why we are investing £100 million a year to recruit an extra 2,500 prison officers by the end of next year. The most recent figures show that the number of prison officers has increased by 868 compared with the previous quarter. Prison officer recruitment numbers are at their highest level since records began. We believe that these new prison officers will meet the forecast needs of the prison system.

Targeted recruitment activities, such as higher starting pay and additional allowances of up to £5,000 a year, support the process in those establishments that have the most difficulty with recruitment. These new recruits will join thousands of dedicated prison officers who undertake such important work day in and day out to keep our prisons and the public safe. We will need their experience, which is why we are rolling out retention programmes across the estate and providing financial incentives to reduce attrition.

It should be noted that the role of the prison officer is developing. It is changing and on training, mentioned by the noble Baroness, Lady Masham, we are making improvements. We have increased our prison officer training capacity to be able to deal with the significant boost in numbers. Existing staff are undertaking key worker training. We are providing tailored support to governors and their teams to introduce this model and train staff, beginning with 10 pathfinder prisons. This investment in additional prison staff, plus more effective training and the greater autonomy we have given to governors—

[Lord Harris of Haringey (Lab)]

I apologise that I was not able to be here for most of the debate because of other business, but can the Minister tell us what would be the ratio, once these additional prison staff are recruited, of prison staff to prisoners compared with, say, eight years ago?

[Baroness Vere of Norbiton]

Unfortunately, I do not have those data to hand, but I go back to the comments I made earlier about each prison officer having a maximum of six cases in their workload, which is certainly manageable going forward. If I receive any further information I will of course write to the noble Lord.

[Lord Ramsbotham]

My Lords, perhaps I can help the Minister. The ratio of staff to prisoners is now 1: 6, which it was last in 1950. At the time of the riots in 1990, it was 1:3. It has increased, therefore, to 1:6, which I suggest is unsustainable.

--- Later in debate ---

[Baroness Vere of Norbiton]

I thank the noble Lord for his comments.

This investment in additional prison staff, plus more effective training, the greater autonomy we have given to governors and the implementation of our commitment to have one key worker for every six prisoners will enable more time directly to supervise offenders, provide essential one-to-one mentoring and support and help reduce the unacceptable levels of assault, self-harm and suicide.

My noble friend Lord Cormack and the noble Lord, Lord Beecham, mentioned private prisons. There are 13 privately managed prisons in England and the Government remain fully committed to a mixed market for public services, drawing on the best of public, private and voluntary providers to improve quality and secure value for money for the taxpayer. We have robust processes in place to closely monitor and manage private contractors and will not hesitate to take action when standards fall short. Using private prisons allows for different financing models, stimulates continuous improvement and encourages the sort of innovation to which the noble Baroness, Lady Bottomley, referred. It brings commercial rigour into the system, which we feel is essential.

I believe that the reforms and actions I have set out show how we are effectively managing the prison population, now and for the future. In an estate parts of which date back to Victorian times, there are of course significant challenges, but we know where those challenges lie and what is needed to rise to them. With our recruitment of record numbers of prison officers, with our unprecedented prison modernising programme and our focus on rehabilitation and reducing offending rates, we are getting on with that important work to build a prison system that is safe and secure and transforms offenders’ lives.

[Lord Elton]

Will my noble friend undertake to take copies of the speeches of the noble Lord, Lord Bird, and myself to the Financial Secretary to the Treasury and discuss them over a cup of coffee, or perhaps a glass of whisky?

[Baroness Vere of Norbiton]

I thank my noble friend for his intervention and I would say, over a glass of wine.

[Lord Birt]

I am sure the House will welcome the constructive tone that the Minister has adopted. I note with pleasure her educational pedigree—she has an MBA from a leading business school—so she will be familiar with the notion of a long-term integrated business plan. Will she undertake to bring together all the many measures she has discussed with some hard numbers and forecasts to reassure us that the outcomes she desires will actually be funded and achieved?

[Baroness Vere of Norbiton]

Once again I thank the noble Lord for his intervention. I will certainly look into it but as we know, forecasts are sometimes somewhat unreliable.