Prison Officers: Pension Age

Charles Walker Excerpts

Tuesday 16th November 2021 Westminster Hall

[Gordon Henderson]

Yes, sadly I have to agree with the hon. Gentleman. The statistics do not bear out the Government’s claim that police officers suffer as many injuries as prison officers; it is simply not the case. One of the problems is that, if somebody attacks a police officer, all hell breaks loose, and every effort is made to catch the perpetrator. If a prison officer is injured, the injury is hidden under the carpet; the perpetrator gets a slap on the wrist—if they even get that. The hon. Gentleman is right. The figures that I have quoted will continue to rise; there is no doubt about it.

With that in mind, is it really fair or safe not only to expect a prison officer in their 60s to restrain violent criminals in their 20s or 30s, some of whom have very little left to lose even if they carry out the most violent acts of which they are capable, but to entrust the safety and wellbeing of other officers and prisoners to the ability of that prison officer to restrain those criminals? It is simply unacceptable. It is not an exaggeration to say that that scenario might eventually cost lives, and that surely invites the question of why prison officers are not treated in the same way as their fellow emergency workers.

It is worth reminding the House that section 8 of the Prison Act 1952 states that serving prison officers

“shall have all the powers, authority, protection and privileges of a constable.”

If that is the case, why do prison officers not have the same equipment to protect themselves as their police colleagues, and why are they not allowed to retire at 60, like their police colleagues? Unlike other emergency workers, prison officers spend their working lives effectively in prison themselves, in high-security environments and looking over their shoulders, especially when staffing levels on a landing are not as they should be because of difficulties retaining officers—often as a result of their relatively poor pay and working conditions.

Prison officers not only face physical violence but run the daily risk of other acts from inmates, such as “potting”—a disgusting and outrageous practice where urine or excrement are thrown over prison staff simply going about their duties and ensuring the orderly running of the prison. As I said, prison officers also face the risk of exposure to the fumes of powerful synthetic drugs such as spice, which can have health implications if inhaled accidentally.

In addition to all that, between April 2020 and March 2021 there were 38 instances of hostage taking across the prison estate. There were also 1,217 instances of barricades or prevention of access—whereby one or more offender denies access to all or part of a prison to those lawfully empowered to have such access by use of a physical barrier. There were 159 instances of concerted indiscipline where

“two or more prisoners act together in defiance of a lawful instruction.”

As a result of such things, officers often need to use physical intervention, or force, to overcome situations where lives may be at stake and time is likely to be of the essence. It is another example of a situation where officers in their 60s may be put at specific risk. They are targeted by troublemakers as more vulnerable targets because of their age. That is to the detriment of not only the officer’s own safety, but the safety of their colleagues and inmates. Statistics from the Ministry of Justice’s website clearly show that such incidents are far from hypothetical or atypical.

While prison officers face this relentless threat of violence and aggression, there are other pressures on them that add to their already high stress levels. For instance, prison officers often have to take on the role of informal counsellors, helping people who have perhaps never before had any meaningful structure or authority figures in their lives. Trying to help people with addictions or mental health problems, or dealing with prisoners who want to talk about traumatic incidents from their own past, are stressful situations for prison officers.

[Sir Charles Walker (in the Chair)]

Order. I thank the hon. Gentleman; he is making a fantastic speech. However, he has six other colleagues who wish to speak, so if he could stop before 4.50 pm—or near that time—then we can give everybody 3 minutes to join him in support of his campaign. Is that all right?

[Gordon Henderson]

No problem. I have a little bit more to say. This is a very important subject, Sir Charles, and I appreciate the time, but my prison officers would expect me to give the full story—and nothing but the story.

[Sir Charles Walker (in the Chair)]

I want the support of your colleagues to be put on the record.

[Gordon Henderson]

Those stress levels will, of course, frequently have an impact upon both physical and mental health. Prison officers have to face all the challenges already mentioned, while also, like all emergency workers, working shifts and facing a working day in which almost anything can happen—including potentially having to make life or death decisions under fast-moving circumstances. There is evidence that working a shift pattern can be harmful to physical and mental health, and may shorten life expectancy, which in turn erodes the ability of officers to enjoy a well-earned retirement. The longer prison officers are forced to work, the more harm it is likely to do to their health. For that reason alone, it is beyond understanding why they are currently being forced to work six years longer than a police officer or a fire fighter, and why younger prison officers face the prospect of working until they are 68.

It is possible that the Minister will remind me that police officers have to contribute 12% towards their pension, while firefighters contribute 14%. In response, I remind her that those emergency workers get paid a far higher salary than prison officers. That leads me—

[Gordon Henderson]

I will carry on, because I have been told I have to shut up.

That leads me neatly to an important question: is it not possible that prison officers might be willing to make a higher pension contribution for an earlier pension date? The only way to answer that question would be for the Government to agree to hold new talks with the Prison Officers Association. Will my hon. Friend the Minister, for whom I have immense respect, agree to such a meeting?

[Sir Charles Walker (in the Chair)]

May I thank the hon. Gentleman? He has secured a lot of support from colleagues for his debate, and that is to his credit. Three minutes each, please.

--- Later in debate ---

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

Diolch yn fawr iawn, Sir Charles. I congratulate the hon. Member for Sittingbourne and Sheppey (Gordon Henderson) on securing the debate. I would like to put on the record that I am the adviser to the co-chair of the justice unions parliamentary group, particularly at this time when it is important to refer to the register of interests.

Do the Government really think it is sustainable to attract new prison officer recruits by asking them to work up to 50 years of their lives in prisons as they stand? On top of the dangerous conditions, poor pay and high pension age make for an unattractive proposition for new staff looking for a solid lifetime career—the sort of staff that the Prison Service would like to attract.

This dereliction of duty by the Government as an employer, combined with low pay, is helping to drive the current staffing crisis. Since 2010, the Ministry of Justice’s figures show that over 86,000 years of prison officer experience has been lost. In my area of north Wales, over 130 band-3 officers have left HMP Berwyn since April this year, costing £13,000, on average, to recruit and train. That amounts to £1.7 million of public money lost and wasted. These key workers are moving on to better paid work that does not involve abuse and assaults on a daily basis.

We saw this year how dangerous the job can be when an officer suffered a near fatal attack at HMP Swansea, which prompted calls for an inquiry into staff safety. The most recent independent monitoring board report noted that there were 258 assaults on staff at HMP Berwyn, 22 of which were classed as serious. If I may, I will briefly put on the record something from an exit interview, to give an experience of staff. [Interruption.]

[Sir Charles Walker (in the Chair)]

Order. May I ask the right hon. Member to save that quote? We will reconvene in 20 minutes, at 5.22 pm, because I think there will be two votes. We will give you an extra 10 seconds, Liz.

--- Later in debate ---

[Liz Saville Roberts]

I would like to put on the record a quote from an exit interview at HMP Berwyn, because it illustrates some of the situations that our prison officers face. The prison officer referred to keeping serious staff assaulters in the prison:

“I have personal experience of this, a prisoner who assaulted myself and another Officer was serving for an assault on an emergency worker. He was not a ‘do not return’ on the system. Some staff are forced to move off their wing while the prisoner who has carried out the assault continues to reside on the wing. Staff are not taken into consideration.”

However, Ministers have never provided any evidence to show that frontline prison officers over the age of 60 can work safely in such dangerous working environments. A high pension age disproportionately impacts on older and female staff, who are still required to adhere to a universal fitness test. The situation is causing resentment and accusations of unfair treatment to women and of discrimination on the basis of sex. The equality analysis of the fitness test by Her Majesty’s Prison and Probation Service shows that 100% of the people who failed both the standard and adjusted tests for the third time were female, which is a shocking statistic. It is also shocking that around 66% of officers who fail the test for the first or second time are women, given that less than 40% of the prison staff are female. Given those statistics, how can a pension age of 68 be fair to women and older workers who struggle physically to stay in the job?

I want to close by talking about pension contributions. I understand that this is among the issues that prison officers are prepared to discuss with the Minister—I wish that she were in her place, but I am sure I will have an opportunity to raise the issue with her in a moment—although it also has to be recognised that their salaries need to be far higher than they are at present, because they do not reflect the same situation as that for the police force. I am proud to support the “68 is too late” campaign.

[Sir Charles Walker (in the Chair)]

It is not my duty to defend colleagues, but I put on the record the fact that the Divisions went on for some time and people are stuck in the Lobby. This is an issue that I need to raise with various Committees, such as the Procedure Committee.

[Liz Saville Roberts]

It was a comment made in the heat of the moment.

[Sir Charles Walker (in the Chair)]

I know you did not mean it like that. I, too, am disappointed that the Minister is not present.

[Ian Lavery (Wansbeck) (Lab)]

As ever, Sir Charles, it is a pleasure to serve under your chairmanship.

I congratulate the hon. Member for Sittingbourne and Sheppey (Gordon Henderson) on securing this really—I wish I could say it was a timely debate, but it is not a timely debate, is it? It is something that we have discussed many times before. Eight years ago, when I was a flying Parliamentary Private Secretary to my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman), I resigned my position on this very issue, because for the life of me I could not understand why prison officers had to work until the age of 68 before they got their pension. To be honest, I still have not had any answers; we still have not had any facts, figures or answers to qualify the fact that prison officers should work until they are 68, while at the same time the police and firefighters get their pension at 60—and rightly so; I agree that they should.

Basically, we should not keep having this competition between different frontline public services, because it is not a competition. What we see is something that is terribly, terribly, terribly unfair. What is also strange is how we allow a French company that deals in hospitality to run some of the prisons in this country. However, that is a subject in itself, for another debate.

I congratulate the staff—every one of them—at HMP Northumberland. I agree that “68 is too late”; it is far too late. I have been speaking to prison officers who are frightened; I have been speaking to prison officers’ families who are frightened; I have been speaking to prisoners who are frightened; and I have been speaking to auxiliaries who are frightened. The stress levels, because of what is happening in our prisons at this moment in time, are unacceptable.

We have got to deal with this situation. I hope that the Minister agrees, if she only agrees to do one thing today, to meet the Prison Officers Association to discuss a way forward, so that pensioners in the Prison Officers Association who are working in prisons can get a decent pension at the age of 60.

[Sir Charles Walker (in the Chair)]

Thank you very much, Mr Lavery. Mr Day has up to five minutes in which to speak.

[Martyn Day (Linlithgow and East Falkirk) (SNP)]

Thank you, Sir Charles, for calling me to speak.

I am grateful to the hon. Member for Sittingbourne and Sheppey (Gordon Henderson) for securing today’s debate and for opening it in the fashion that he did. He has my full support for the bid to return prison officers’ retirement age to 60. Indeed, it has been a very consensual debate throughout, as shown by all Members who have participated.

This is an issue that I have raised a number of times in this Parliament on behalf of my constituents, several of whom are serving prison officers. Having listened to the direct testimony from constituents about having to restrain prisoners and deal with violent incidents that happen daily across the prison network, the situation is clearly becoming more and more difficult for officers, and these physical difficulties can only get harder with age. My own visits to HMP Shotts and HM Young Offenders Institution Polmont have further convinced me that this is indeed the case.

Although I do not have the latest Scottish figures, across England and Wales, 7,612 assaults on prison staff were recorded in the 12 months to June 2021, which equates to an average of 21 assaults every day. That is a worrying number, irrespective of the age of the officers involved. Quite simply, if police officers retire at 60, it is only right that prison officers, who work on the frontline of the Prison Service, are afforded the same right by the society that they protect. In my opinion, the UK Government are letting prison officers down.

In addition to the police, the fire service and all the armed forces retire at 60, and rightly so. Prison officers ought to be able to retire then as well, because they are dealing with very dangerous and violent individuals; we have heard so much testimony on that fact today. They are not like other civil servants; their job is a dangerous one. It is and should be treated as a uniformed emergency service.

For years, the UK Government have said that there are no plans to change the retirement age for prison officers. Stonewalling on this issue does nothing for the brave men and women who are providing crucial public services that we rely on for law and order in our society to function effectively. Indeed, when I raised this issue on 17 December last year by way of a public petition from local constituents, Ministers did not even respond. I think that my constituents in particular, and our nation’s prison officers in general, deserve much better. This simply sends out a message that this Government do not care.

The Government repeatedly hide behind their decision to increase the pension age as reflecting the “generally improving life expectancy”. While it is true that people may be living longer, that does not equate to their physical and mental abilities being able to withstand the daily demands faced by prison officers. Given that lack of respect, it is little wonder that figures from the Ministry of Justice show, as we have heard from the right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts), that more than 86,000 years of prison officer experience has been lost, since 2010, as experienced officers leave, no doubt in part for better working conditions and higher pay.

Budget cuts have seen the Prison Service impose an almost total recruitment freeze in recent years, so recent movement by the Chancellor for pay rises for public workers is very welcome. However, with long hours to fill, significant labour shortages and a volatile situation to police, prison staff are simply becoming burnt out. Prisons were among the employers with the most demand for staff in late October and early November, according to the Recruitment and Employment Confederation, with adverts for prison officers rising by some 30%. In conclusion, I am in little doubt that the pension age issue is a significant factor in that situation. Our prison officers simply deserve better. They should be treated equitably with police officers and allowed to retire at 60. I look forward to hearing the Minister’s view on this.

[Sir Charles Walker (in the Chair)]

Ms Brown, you have six minutes, given the generosity of our SNP spokesman.

--- Later in debate ---

[Victoria Atkins]

I do not want to waste time by repeating myself, but I will meet the POA. I cannot agree on the Floor of the Chamber to negotiate, but I hope that the POA, having met me, understands that I make that offer of a meeting in good faith.

I want to emphasise the point about fitness tests. The right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts) made an interesting point about menopause in particular. Since 2001, officers have had to pass an annual fitness test that is based on the requirements of the role, and which tests strength, muscular endurance, speed and agility. No specific adjustments have been made in relation to menopause because we must apply those tests equally. However, the test is based on the specific needs of the individual. It is intended to be both age and gender neutral, and I am sure colleagues will understand that we must be careful not to discriminate on the basis of age in such circumstances. I am conscious of the huge contribution that older and more experienced officers make. They can often de-escalate situations and they can help newer recruits to learn to do the job as well as they can.

On the important issue of security, we are investing £100 million in a prison security package that includes X-ray scanners, body-worn cameras and PAVA spray, which we want to roll out alongside rigid bar handcuffs to give officers the support of those items.

I will sit down now, Sir Charles, but I look forward to discussing this further with hon. Members.

[Sir Charles Walker (in the Chair)]

Mr Henderson, you have one minute and 45 seconds.

[Gordon Henderson]

While I accept that the Minister cannot accept preconditions for any meeting, I welcome the fact that she has committed to meet the Prison Officers Association to discuss it concerns. That is a step forward. She might want to discuss with the POA whether its members would prefer to no longer be classified as civil servants and be dealt with in the same way as police officers instead.

I repeat my invitation to the Minister to visit the Isle of Sheppey. I would be delighted to show her not only the prisons, but some of our lovely countryside.

Finally, I am grateful to colleagues who have bothered to turn up today to support our prison officers. I suggest gently that they might like to consider joining the prion service parliamentary scheme, of which the right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts) and I are the co-founders.

[Sir Charles Walker (in the Chair)]

Thank you for leading an excellent debate on behalf of your constituents, Mr Henderson.

Question put and agreed to.

Resolved,

That this House has considered the pension age of prison officers.