HMP Liverpool

Dan Carden Excerpts

Thursday 22nd February 2018 Commons Chamber

[Robert Neill (Bromley and Chislehurst) (Con)]

This report results from what was described by Her Majesty’s chief inspector of prisons as one of the worst inspection reports of a prison that he had ever seen. It was certainly the worst inspection report that our Committee had ever seen, and because of the gravity of the situation, we took the unique step of holding a specific evidence session on that individual inquiry. It highlighted conditions at Liverpool prison that the chief inspector described as “squalid”, a history of deterioration over a two-year period, and a history of management failure at local, national and regional level over time. It also highlighted a number of systemic problems that we believe need to be addressed by the Ministry of Justice and Her Majesty’s Prison and Probation Service, and the need for approaching afresh the way in which we deal with Her Majesty’s inspectorate of prisons itself.

I pay tribute to my Committee colleagues, a number of whom are present today, for their work on this report, and I also welcome the Minister to his place. I particularly appreciated that he came to give evidence to our inquiry so early on after being appointed to the post in which he now serves.

I will briefly give an outline of the report against that grave background. Liverpool prison was inspected in 2015, and it was failing then. It was re-inspected in 2017, and it had got worse. Some of the conditions—a man with mental health problems was in a cell that was not fit for habitation; there was a serious maintenance backlog, which had doubled from 1,000 to 2,000 over that period; and the prison’s markings against various tests had gone backwards—indicate that there was not only a gross failure of management locally and of regional and national oversight, but that the detailed recommendations of Her Majesty’s inspectorate that were made in 2015 had not properly been addressed. That is the first systemic matter that we deal with.

It is pretty clear that the national leadership was not alert to the situation on the ground. The head of the Prison Service, Mr Spurr, told us that he had been informed by the local management that some 60% of the recommendations in 2015 were on track to be met. That was wrong. In fact, only 25% or so were met, and 60% were not met. The leadership nationally was out of touch. What was the role of the deputy director of corrections, who is supposed to have oversight of 12 prisons in that region? Clearly, there was not just a failure of communication, but a breakdown in how the system operates there.

This is not unique. Her Majesty’s chief inspectorate indicated to us that it is a regular occurrence for its recommendations not to be acted on. The Minister rightly said to us that much greater use should be made of the inspectorate’s recommendations to drive changes in behaviour. He is right. We recommend therefore two specific matters to effect that.

First, at the moment, the Prison Service marks its own homework. That is not satisfactory and it can breed complacency. We therefore recommend that HM inspectorate of prisons be given additional resource so that it can follow up on the implementation of its recommendations and hold the prisons to account. This is not a large sum in the overall scheme of things; perhaps one inspection team would be sufficient to do that task and probably the overall saving would mean that that would be offset. Secondly, Ministers should take personal responsibility for seeing that inspections reports are acted on and should account to the House for that, perhaps through a letter to the Justice Committee. That is the first of our practical recommendations, which we believe would offer a way forward.

There is also the whole question of the oversight itself. Given that there were these failings, we believe that greater work should be done to ensure the transparency and accountability of the above-establishment teams in the Department. There was also a clear problem with the facilities management contract. Not only had the backlog got worse, but it is pretty clear that basic issues that should have been picked up in the contract were not. The fact that there were rat and cockroach infestations shows the level of the problem. We are not satisfied with the explanations we were given for the failures in that contract and we therefore believe that there is a need for greater transparency, so we recommend that major contracts—this is a national contract with Amey—should be subject to a public framework outlining the expectations, performance and penalties levied against a provider for failure. If there are penalties, there should be a system of naming and shaming, frankly. There should be a public notification of where failures occur and how much of a penalty is levied against the provider as a percentage of the contract. That is the whole point of outsourcing—to drive changes in behaviour—but we need transparency and openness to do that.

We also noted that part of the problem derives from persistent overcrowding. Liverpool prison was not understaffed—it was up to establishment—but it was nevertheless pressed for numbers. We therefore recommend that the Ministry and the Prison Service publish a plan to resolve the persistent overcrowding of the estate to take some of the pressure off governors. The new governor at Liverpool is clearly doing a very good job under difficult circumstances, but we need an overall plan to deal with overcrowding and that must aim to reduce the prison population and/or increase safe and decent capacity. We cannot have it both ways.

We were also concerned about the poor situation with healthcare that was discovered. We were glad to see commitments from the Prison Service and NHS England to publish a partnership agreement on how they are working together. However, the last partnership agreement expired in April 2017 and the new one will not be in place until 2018. The gap of a year is not satisfactory in that regard and we need steps to be taken to ensure that that does not happen again.

Finally, we need a commitment to ensuring that there is decent healthcare. It was explained to us that the overcrowding and the nature of the regime meant frequently that prisoners could not be brought from their cells to healthcare appointments. We need a much more joined-up approach to that.

Those are the principal recommendations of our report, which I commend to the House. At the end of the day, the decency of a society is judged by how it treats those who offend against it as much as by how it treats those who do well by it. Liverpool failed in that regard. We did not house prisoners in the decent conditions that common humanity and our international and domestic legal obligations order that we should. That failure cannot be allowed to happen again. Making greater use of the inspectorate and its tools and adopting our recommendations will, I hope, be a constructive way forward in assisting the Minister in what I entirely believe is his intention to get back to getting the basics right and improving the Prison Service. It is in that spirit that we put the report before the House and commend it to the Minister.

[Dan Carden (Liverpool, Walton) (Lab)]

I welcome the Committee’s report and thank the Chair for his quick decision to hold an evidence session specifically on HMP Liverpool following the publication of the original inspectorate report. I further welcome his commitment, as stated here, to hold the Government to account when prisons fail. We have lost another life inside the prison this week. Anthony Paine, 35, who suffered with mental health problems, was found in his cell and died in hospital on Monday.

The report does not mention in detail the failure to invest in infrastructure and renovate wings or the loss and replacement of experienced prison officers and, critically, resources. Having seen the prison with my own eyes, I have no doubt that these are basic but expensive requirements, but in a written answer to me the Minister says that there is no plan to publish the costs or programme of urgent works at HMP Liverpool. Does the hon. Member for Bromley and Chislehurst (Robert Neill) agree that it is vital that we have transparency across our prison network and the improvements that are necessary if we are to see real change?

[Robert Neill]

I am grateful to the hon. Gentleman. I know that he knows Liverpool Walton jail, as it is often called locally, very well. I entirely understand the point of his remarks and I hope that the Ministry will reflect on that. The whole thrust of our report is that we need to shine the light of transparency and publicity on these matters. We also, in a separate piece of work, have in hand an inquiry into the shape of the prison population by 2020. Part of that, again, is this need to deal with overcrowding. Our recommendation on persistent overcrowding is part of that. Getting the fabric right is necessary. Walton jail—Liverpool prison—is one of the old Victorian prisons and there is a real need for work to be done there. If we are publishing the public framework on facilities maintenance, I do not see why we should not be able to have similar publicity about the capital works that are required.