Prisons and Courts Bill (Third sitting)

Conor McGinn Excerpts

Committee Debate: 3rd Sitting: House of Commons
Wednesday 29th March 2017 Public Bill Committees

Division 1

Ayes: 7

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Labour: 5
Scottish National Party: 1
Plaid Cymru: 1

Noes: 9

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Conservative: 7

[Conor McGinn (St Helens North) (Lab)]

I beg to move amendment 1, in clause 1, page 1, line 14, at end insert—

“(da) maintain an environment where it is safe for prisoners to practise their faith.”

This amendment guarantees the rights of prisoners to practise their faith in prison.

[The Chair]

With this it will be convenient to discuss amendment 2, in clause 1, page 2, line 7, at end insert—

“(da) ensure family and other supportive relationships are maintained and developed.”

This amendment requires the Secretary of State to provide a prison chaplain in every establishment.

[Conor McGinn]

It is a pleasure to serve under your chairmanship, Mr Brady. This is the first Bill Committee I have participated in from the Back Benches, having sat through five or six on the Front Bench as an Opposition Whip, but I will resist the temptation to speak at length despite that. I should declare an interest of sorts as someone who was previously a prison chaplain and the UK director of the Irish Catholic Bishops Conference commission for prisoners overseas. During two years in that role, I visited dozens of prisons across England and Wales—as far north as Frankland, as far south as the Isle of Wight, as far east as Wayland and as far west as Parc. I am glad to say that I served in that role at the pleasure of His Eminence rather than Her Majesty, and that I was free to leave of my own volition at the end of the day.

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[Mr Gyimah]

I thank the hon. Gentleman for raising this important topic. As hon. Members are aware, there is already legislative provision in the Prison Act 1952 to ensure that every prison has a chaplain. The hon. Member for St Helens North asked for some information at the start of his speech on the amendment, and I will write to him with the breakdown requested.

Prisons are committed to enabling prisoners to practise their religions, and all prisons have multi-faith chaplaincy teams to facilitate and enable them in the practice of their faith. Secondary legislation, in prison rule 15, provides for regular visits to prisoners by ministers of religion. If a prisoner belongs to a denomination for which no minister has been appointed at a particular prison, the governor must arrange for visits by a minister of that denomination.

Instructions and guidance on religious practice in prisons is set out in Prison Service instruction 5/2016, “Faith and Pastoral Care for Prisoners”, which includes specific information on a wide range of religions and beliefs. The PSI was developed in consultation with NOMS faith advisers and includes specific information on the requirements to practise each religion. For example, the PSI requires that prisoners have the opportunity for corporate worship for one hour per week led by the relevant faith chaplain. For numerically smaller faith traditions, there is scope for prisoners to meet together under supervision, in the absence of the faith chaplains if needs be.

The PSI also makes provision for informal, unsupervised worship, religious study or meditation so that prisoners can also practise their faith in their cell, and they may have key religious artefacts and scriptures in their possession. Prisons will also meet the religious dietary requirements of prisoners, and prisoners are able to observe key religious festival dates. Given that those provisions and existing legal protections are clearly in place, I hope that the hon. Gentleman will withdraw his amendment.

[Conor McGinn]

I thank the Minister for his response.

[Yasmin Qureshi]

I just want to say that we support the amendments. Religion is important for many people. Safe provision of and access to religious faith leaders, whether a chaplain, an imam or whoever, are also important.

[Conor McGinn]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

I beg to move amendment 3, in clause 1, page 1, line 14, at end insert—

“(da) ensure family and other supportive relationships are maintained and developed.”

This amendment includes maintenance of family relationships in the purpose of prisons.

It is a great pleasure to serve under your chairmanship, Mr Brady. I am grateful to the hon. Member for Stretford and Urmston (Kate Green) for adding her name to the amendment. On Second Reading I challenged the Minister to consider whether issues of family ties and strong personal relationships should be in the Bill. That is why I have tabled the amendment.

As the hon. Member for Stretford and Urmston said on Second Reading, there was a huge amount of cross-party consensus on the importance that family plays in prisoners’ lives. I do not know whether you have had a chance to look at each and every word of that debate, Mr Brady, but the words “family” and “families” appear 80 times—more than the word “rehabilitation” and almost as often as the word “reform”. That indicates how important all parties consider the role that families should play in prisoners’ lives. There is a strong connection between all three: rehabilitation, reform and maintaining family links.

The hon. Member for St Helens North mentioned research showing the just under 40% rehabilitation rate. That is absolutely right, and it is from the Ministry of Justice’s own research that was commissioned in 2008. A very simple question was asked of a sample of just under 5,000 prisoners: did you receive a prison visit from family members? Of those who indicated yes, there was a 39% lower chance of their reoffending than those who had not received a prison visit. That is compelling evidence of the importance of maintaining close family ties.

Hon. Members who attended the Second Reading debate will remember the hon. Member for Bridgend (Mrs Moon) describing the work at Parc prison, also mentioned by the hon. Member for St Helens North. We heard of the life-changing outcomes of the work at HMP Parc, which is being adopted across the world. We want all of our prisons to carry out the work that is done so well in that prison, but family work has been frustratingly elusive to date. I say “frustratingly” because, of course, the issue was pointed out by Lord Woolf when he conducted his inquiry over 25 years ago; the importance of maintaining close family ties was one of his report’s 12 recommendations.

Having visited HMP Wandsworth and HMP Coldingley, I am conscious of the impact that reform prisons can play generally and in relation to family work. One of the first fruits of that devolution is that governors will have control over their own family service budgets. I welcome the clear intent from the Ministry of Justice to prioritise family relationships. I also welcome the appointment of Lord Farmer to draw up a much-anticipated report on the importance of family work. I believe that would be greatly strengthened if the Minister considered including that aspect in the Bill.

The Minister mentioned prison rules. Rule 4 already mentions families, so I ask him to consider that there is still inconsistent application of those rules, hence the variance across our prison estate. I would welcome his comments on that. Where respect for prisoners’ family ties permeates a prison, that can be instrumental in both prisoner reform and prison safety, which many hon. Members have mentioned. I ask him to consider including this matter in the Bill, but I stress that this is a probing amendment.

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[Yasmin Qureshi]

I sat through the sitting yesterday and heard what he said. With respect to him, I think that is quite a simplistic approach. Of course we recognise the fact that different categories of prisons might require different ratios, but that does not mean we cannot aim for one. Let us face it, it is common sense that if there is one prison officer looking after 12 prisoners, that is not right. Trying to work out a ratio is, in fact, very important.

[Conor McGinn]

I wonder whether the deputy chief inspector of prisons would think differently about the crudeness of the measure if he had to do a shift on a wing, rather than a visit.

[Yasmin Qureshi]

That is absolutely right. The reality is that prisoner ratios can be worked out. Obviously, I accept that the relationship might be different for category A and category C prisons. However, if we think about how many prisoners there are, the kinds of prisoners and the offences they are in for, it is not beyond human imagination to work out realistic figures.

The prison population has been stable, at around 85,000. At the same time, a number of prisons have closed and prison officer numbers have reduced from around 25,000 to less than 18,000. The latest National Offender Management Service workforce statistics, published in February 2017, show that there was a reduction of 6,450 band 3 to 5 officers between 31 March 2010 and 31 December 2016. The White Paper proposes recruiting 2,500 new prison officers. However, the chief executive of the National Offender Management Service, Michael Spurr, confirmed to the Justice Committee in November that the service would need to recruit more than 8,000 officers over two years to achieve a 2,500 increase, due to failure to retain staff.

NOMS statistics show that there has been a fall in officer numbers over the past 12 months. The latest calculation of the leaving rate among band 3 to 5 prison officers is 9%, which is an increase of 1.5 percentage points compared with the year ending March 2016. The shortfall of band 3 to 5 officers in post to the target staffing level at 31 December 2016 was 983, an increase of 1 percentage point from 4.3% in September 2016. Over half of prison establishments had a deficit of 5% or more.

Clearly the Government’s supposed recruitment drive is failing. Statistics show that only 18 establishments employ a full complement of band 3 to 5 officers. Some 89 prisons are operating with frontline staffing below that set through the benchmark process, and the data show that only 14 establishments are operating above their benchmark level for operational support grades, with 93 operating below that. Without a sufficient number of officers, there is no possibility of each prisoner being allocated a designated member of staff who will be responsible for their welfare while in prison.

In his annual report, Her Majesty’s chief inspector of prisons, Peter Clarke, said:

“Some prisons still operated temporarily restricted regimes to cope with chronic staffing shortages”.

Staff reductions mean regular use of restricted regimes, preventing prisoner access to recreational and rehabilitation services, such as physical exercise, education and training. That would lead to a number of prisoners facing depression and mental health issues, exacerbated by the fact that they are being locked up for, say, 23 hours a day. There are no measures in the Bill to deliver better rehabilitation services in prison or to address problems in the probation service. The major point is that without more staff, the statutory purposes of prisons will be unachievable.

Most alarming of all are the increasing levels of violence that have accompanied reductions in staff. Prisons have become dangerous places to work and dangerous for inmates. That is not acceptable. There were 37,784 reported incidents of self-harm to June 2016—up by 6,967, or 23%. We know that more and more assaults are happening in prisons. We need to ensure that the rise in assaults is dealt with. Overcrowding is causing so many problems in the Prison Service. We will revisit that subject when we come to new clause 8.