(6 years, 8 months ago)
Commons ChamberStarting from now, Mr Deputy Speaker.
This is a particularly hard-hitting motion; it does not draw back from the challenges the Prison Service faces. It is important that today Select Committee members focus on specific issues and ask the Minister for the Government’s response to the major challenges, and we will do that. As the hon. Member for Bromley and Chislehurst (Robert Neill), the very good Chair of the Justice Committee, said, the situation is deteriorating; the problems in prisons are getting worse.
While staff are doing an excellent job and trying their best in difficult circumstances, there have been 300 deaths in prison custody in the past 12 months, of which 77 were self-inflicted deaths. Self-harm has reached a record high and increased by 12% over that period, and the number of incidents requiring hospital attendance rose by 9%. Meanwhile, prisoner-on-prisoner assaults have risen to record highs, and the numbers of assaults on staff and of hospital admissions continue to rise, so there is a real challenge in the system.
I contend that there is a challenge because of reductions in resources and staff numbers, but there is also a challenge because of an increase in the amount of psychoactive substances and drugs getting into prison. It is a difficult job and a challenge to tackle, but if we do not get the basics right in our prison system, the aims of reform, rehabilitation and turning positive individuals back into society will be hampered.
Over the past year, people in prison have taken their own lives at the rate of one every three days. Does the right hon. Gentleman agree that the prison services should set a zero-suicide ambition, that we should be seeking to save every life and that it is intolerable that so many people are losing their lives in the prison system?
Absolutely. The threat assessment and self-harm assessment are extremely important, but this requires staffing, so a watch can be kept on individuals and they can be supported through what are often challenging mental health problems, particularly in the first few days and weeks of incarceration, when people are coming off alcohol and drugs, or are arriving in prison with severe mental health challenges.
We must tackle these issues in a positive way. One of the Minister’s challenges is to ensure that we undertake a review of the strategy, particularly on psychoactive substances and drugs. The Government have said that they have rolled out new tests for psychoactive substances across the estate; can the Minister tell us how many have taken place and their outcome? The Government have said that they have trained more than 300 dogs to detect these substances; does every prison have access to those dogs, and do those dogs ensure we catch substances that are smuggled in? The Government have said they are making smuggling psychoactive substances into prisons and possession of them criminal offences; I want us to monitor how we enforce that legislation.
The Minister must look at introducing planned searches of prisoners in prisons. He must also look at whether there should be searches of prison officers and delivery staff. I spoke this week to prison officers who said they would welcome that because they want to weed out corruption among staff. I want the Minister to tell us how that will be undertaken generally. I also want the Minister to take further steps to ensure that all category C prisons have netting around them, to stop people throwing drugs and other things into prisons.
I want to see the re-establishment of the dog units, not just as the regionalised resource that they are now, but as a resource that can be allocated locally.
We must look at the criminal gangs inside and outside prisons who are making money out of the delivery of drugs into prisons by many means. What I do not get from the Government is what their overall strategy is, and I think that feeling is shared by external agencies such as Her Majesty’s inspectorate of prisons. I see a number of individual measures, but I do not get the overall strategy. Will the Minister also tell me what is happening with reform prisons? We had a report this week about Holme House prison, which showed that every indicator was going in the wrong direction. It showed more drug use, more self-harm and more attacks on staff—and that is in a reform prison. We need to know who is accountable for that, and what plans are in place to drive improvements in that prison.
Time is extremely pressing, so I shall just ask the Minister one more question. When the Under-Secretary of State for Justice, the hon. Member for Bracknell (Dr Lee), appeared before the Justice Committee recently, I asked whether the Oakhill training centre was now performing to a contractual level with which he was satisfied, and he replied, “Currently, they are.” Since that discussion, a report on Oakhill has shown that, yet again, that establishment is not performing to the required standard. Will the Minister tell me what concrete steps are being taken to improve performance at Oakhill? If the improvements that have been set out are not made, will he seek to remove the contract from G4S, as has happened elsewhere?
The Chair of the Select Committee makes an important point about the repatriation of foreign national offenders. He will be aware that the most effective scheme to repatriate foreign offenders is the early release scheme, under which 40,000 foreign national offenders have been moved out of the UK since 2010. Prisoner transfer agreements are also in place but they are a lot more challenging because they require the co-operation of the receiving Government, who do not always seem that keen to receive their own criminals back. A cross-governmental task force is focused on that very point.
To realise our vision for prisons, we must first make sure that they are secure environments that are free from drugs, violence and intimidation. Again, I do not shy away from acknowledging that the use and availability of drugs in our prisons is too high. The House has often discussed how the rise of psychoactive substances in our prisons was a game-changer, but it was when organised criminal groups moved in to take control of supply routes into prisons that the rules changed. Those groups have embedded themselves throughout the prison estate, becoming ever more sophisticated in driving the drug market and making enormous profits from peddling misery to those around them. Their activities have been facilitated by the rise of new technologies, such as phones and drones, which they have used to try to overcome our security. Those things represent an unprecedented threat that we have not faced before.
As our prison officers and law enforcement partners across the country regularly prove, however, we are more than up to that challenge, and our investment in security is bearing fruit. Last year alone, HMPPS officers recovered more than 225 kg of drugs from the prison estate. Our new team of specialist drone investigators has already helped to secure over 50 years of jail time for those involved, and the team is supporting ongoing investigations across the country.
We are providing officers with the tools that they need. We have already introduced drug tests for psychoactive substances across all prisons, provided every prison with signal detection equipment and trained more than 300 sniffer dogs specifically to detect new psychoactive substances. The right hon. Member for Delyn (David Hanson) asked about the availability of sniffer dogs to prisons. The dogs operate on a regional basis and are therefore available for prisons to call on as and when they are needed.
We are investing heavily in security and counter-terror measures, including £25 million to create the new security directorate in HMPPS. This year we will also invest more than £14 million in transforming our intelligence, search and disruption capability at local, national and regional level, to enable us better to identify and root out those who seek to supply drugs to our prisons. That investment includes more than £3 million to establish our serious organised crime units, which will relentlessly disrupt our most subversive offenders.
We are already seeing early successes from the new capability. A recent joint Prison Service and police operation at HMP Hewell, involving our specialist search teams and dogs, recovered 323 items, including 79 mobile phones, 29 improvised weapons, 50 litres of alcohol and a large quantity of drugs.
The Minister is indicating that those things are all intelligence-led. They should be routine.
The right hon. Gentleman is absolutely right, but we need to know what we are looking for, and we need to identify the prisoners who are most likely to have links with organised crime. We now know that about 6,000 prisoners have links with organised crime on the outside and are conduits for drugs into our prisons, and that allows us to be far more effective in what we are doing to combat those operations. It is still very early days, but the point I am making is that we are beginning to see success. As we go forward, we intend to build on these successes, through our new drugs plan, which he mentioned, and our work on corruption, where it exists—even if it be only among a very few officers. He will be hearing more from me about that shortly.
Of course, this is not just about seizing or intercepting drugs. We should never forget that we have a duty of care to our prisoners—we want to help offenders with drug problems—and more of our prisons now have specialist wings to support them in overcoming their dependencies. We are also working closely with health partners to provide information, guidance and support to prisoners, visitors and staff on the impact and damaging consequences of drugs.
Hon. Members have mentioned the safety of our prisons. Ensuring safety is partly about having the right staffing levels to deliver safe and consistent regimes, and we are making swift progress in recruiting the additional 2,500 staff in the adult estate we promised in 2016: 1,255 extra prison officers have been recruited in the last year, and officer numbers are now at their highest levels since August 2013. In the youth estate, we have likewise expanded frontline staff capacity in public sector youth offender institutions by about 20%.
Preventing suicide and self-harm is also a focus of mine. We are taking decisive action to reduce the levels of self-harm by strengthening the frontline. Each individual incident of suicide or self-harm is one too many and a source of deep tragedy. We have introduced new suicide and self-harm prevention training to give everyone working in prisons, whether officers or staff from other organisations, the confidence and skills they need to support those in their care. So far, more than 10,000 prison staff have started the training, and all new prison officer and prison custody officer recruits now complete the programme as part of their initial training. I am glad to say that the number of self-inflicted deaths in custody is significantly down from last year, although I will be the first to admit that there is still a lot of work to be done.
The Chair of the Select Committee referred to the architecture of the prison system and how we can hold ourselves to account. We are strengthening the ability of the inspectorate to hold the Government and the Prison Service to account and have introduced a new urgent notification process, which had formed part of the original Prisons and Courts Bill, to enable the Secretary of State to be alerted directly where the chief inspector has a significant and urgent concern about the performance of an institution. We launched that process last month. The Secretary of State will be directly alerted by the chief inspector if an urgent issue needs addressing to ensure that recommendations are acted upon immediately. A new team of specialists accountable to Ministers will ensure that immediate action is taken and will respond within 28 days with a more in-depth plan to ensure sustained, long-term improvement for the prison.
(6 years, 8 months ago)
Commons ChamberYes, I do agree. I think it important for Ministers and officials in the Prison Service to trust the professionalism of governors who are in charge of individual establishments, which is why, as national contracts for particular services expire—for example, maintenance, repairs and food procurement contracts—we will seek opportunities to devolve them to establishment level.
The Secretary of State will have noted that comments made by chief inspector of prisons about one of his reform prisons are quoted in today’s edition of The Times under the headline “‘Trailblazing’ jail is swamped with drugs”. The prison is said to have deteriorated over the last 12 months. I am genuinely interested to know whether the Lord Chancellor can tell us who is responsible for that—the governor, the head of the prison and probation service, Michael Spurr, or the Lord Chancellor himself.
(6 years, 9 months ago)
Commons ChamberOrder. I have no power to impose a time-limit in Committee, but I do have the power to advise. We have 20 hon. Members who wish to speak, and if we continue to have speeches of the current length, we will disappoint at least half of them. I therefore advise Members to try to keep the length of their speeches to between 10 and 12 minutes; that is a voluntary instruction.
I rise to speak to new clause 79, which is in my name and those of my right hon. and hon. Friends and hon. Members from other parties.
First and foremost, I recognise that the UK has voted to leave the European Union. It is an outcome that I did not vote for, but it is the position in which we find ourselves. It is now incumbent on us to strengthen this legislation ahead of our exit from the Union. We can only achieve this fully by recognising what European integration has done for us over the past 40 years, and the ways in which we can help one another.
Before entering Parliament, I was an employment rights lawyer for many years. I represented trade unions and their members for 10 years. More recently, I ran my own business providing advice on maternity discrimination and flexible working to mums and families. So I know at first-hand how many of our employment rights come from Europe. As my explanatory statement points out, my new clause would ensure that Parliament was kept abreast of changes in EU provisions regarding family-friendly employment rights and gender equality, as well as committing the Government to considering their implementation.
It is clear that working parents and carers in the UK are struggling. The Modern Families Index 2017, which examined the lives of 2,750 working parents and carers, found that more than a third of working families say that they do not have enough time or money for their family to thrive. Half of parents agreed that their work-life balance was increasingly a source of stress. A third said that work had a negative effect on their relationship with their partner, and a quarter said that it led to rows with their children. One in 10 parents would consider resigning from work without having another job to go to. Research by the Equality and Human Rights Commission shows that 54,000 new mothers in Britain may be forced out of their jobs each year as a result of pregnancy and maternity discrimination. The Fawcett Society, Working Families—the work-life balance charity—and trade unions, among others, continually fight to protect against these types of discrimination.
We have a collective responsibility to ensure that we help to protect the rights of workers and employees amid the cut and thrust of the Brexit negotiations. People voted to leave the EU for many varied reasons, but they did not vote to be worse off. Our laws on these matters must be no less favourable than they would have been had the UK remained a member of the EU beyond exit day. Indeed, the EU may well go on to legislate in ways with which we do not agree. The wording of new clause 79 is clear; it is there to inform, not to commit.
As many of my hon. Friends pointed out during the previous Committee sitting, we must make every effort to keep this House fully aware of the advancements that occur in Europe. To be clear, the new clause is not about binding the UK into implementing future EU directives in the family-friendly employment and gender equality space. Rather, it would ensure that Parliament was informed of any developments and would commit the Government to considering their implementation.
In the Prime Minister’s Florence speech, she signalled that the UK and the EU will continue to support each other as we navigate through Brexit. I have much to say on the work that we have collectively achieved in Europe, strengthening workers’ rights, maternity rights and employment practices. For example: the 1976 equal treatment directive established the principle of equal treatment for men and women in access to jobs, training and working conditions; the 1992 pregnant workers directive provided for statutory maternity leave, protected the health and safety of pregnant workers and breastfeeding mothers, prohibited dismissal due to pregnancy or maternity, and introduced paid time off for antenatal care; the 1993 working time directive provided a maximum 48-hour working week, and the right to rest periods and paid holiday; the 1996 parental leave directive provided for the right to unpaid parental leave, as well as time off for dependants; and the 1997 part-time work directive prevented part-time workers from being treated less favourably than full-time employees. All these measures have helped to improve the work-life balance and family-friendly employment rights in the UK, and it is vital that we do not fall behind Europe in the years ahead. To dismiss the last four decades of progress without looking to the future would set a dangerous precedent, which fills me with deep concern.
Order. The hon. and learned Gentleman is not giving way.
The point is that these broad and general rights are ripe with value judgments. Quite often, they are not appropriately dealt with by six or seven elderly white judges in a Supreme Court; they are better resolved on the Floor of this House and by a democratic vote in this Parliament.
(6 years, 9 months ago)
Commons ChamberMy hon. Friend is absolutely right that we need to reduce the stress and trauma experienced by victims and witnesses. We are doing a range of things. First, we are establishing model waiting rooms for victims and witnesses so that they will feel less stressed and more comfortable, meaning that they are more likely to give compelling evidence. Secondly, in the courtroom itself, we are rolling out section 28 measures for pre-recorded cross-examination to Crown courts nationally. This autumn, we will extend that to victims of sexual offences or modern slavery offences in Leeds, Liverpool and Kingston upon Thames.
We changed CRC contracts earlier this year to better reflect the fixed costs that they were incurring. However, payments to CRCs are still below our original forecasts.
I am grateful for that answer. Will the Lord Chancellor and Secretary of State publish how much additional resource he has given to CRC companies in total, which CRC companies have received that additional resource, and what he intends them to do with the product they have been given?
The answer to the right hon. Gentleman’s last question is that we expect them to use that money to improve the delivery of services and to match the best CRCs, such as Cumbria, which recently received a very impressive report from the inspectorate. We did not award the CRCs a specific sum, but agreed to alter the contracts in such a way that we accepted a greater proportion of their costs as fixed. The figure of £277 million that is in public circulation is an estimate of how that adjustment might increase the total contract value, but that is based on certain assumptions about volumes and payment by results, and I reiterate that payments will still be well within the forecast budget.
(6 years, 10 months ago)
Commons ChamberI thank my hon. Friend for those comments. She makes her point extremely well. It is worth saying that the Bill is supported not only by the Royal College of Nursing and all the trade unions that represent staff in these different lines of work, but by the Metropolitan police, the Police Federation and nearly every part of civil society. I hope we do not end up with a vote later today, but the lack of a vote will not show a lack of assent by this House. Indeed, I think it will show the unanimous assent of the House to change the law in this regard.
It is a depressing fact that the number of assaults on emergency workers has dramatically increased in recent years. The Home Office’s own figures—these are frightening—suggest that there were 24,000 assaults on police officers in England and Wales in 2016-17. The Police Federation reckons that there is an unarmed assault on a police officer every four minutes, and that is even without including police community support officers. The Ministry of Justice says that there were 7,159 assaults on prison officers last year—up a third on the previous year.
As my hon. Friend will know, not only have attacks on police officers risen by about 7% in the past seven years, but those attacks are on fewer police officers. We have lost 20,000 police officers, so there is now more chance of a police officer being attacked than there was seven years ago.
My right hon. Friend is absolutely right. That is why I pay enormous tribute to my hon. Friend the Member for Halifax (Holly Lynch), who, with the Police Federation, has led the charge on this issue and brought it to the House. I feel as if I am merely carrying the baton that she elegantly shaped.
Figures from NHS Protect are equally disturbing. There were 59,794 attacks on NHS staff in 2011-12. That is bad enough, but the figure increased to 70,555 by 2015-16. Yet the number of criminal sanctions for those assaults has actually fallen in that time, from 1,380 to 1,250. That is a lot of people who are not seeing justice.
(6 years, 10 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I hold the recommendations of the Justice Committee very dearly to my heart. We will of course look at all its recommendations. The Chair of the Select Committee makes a very important point about the prison population. We not only hold some very difficult individuals, but some very troubled individuals. Dealing with issues such as mental health is a key part of dealing with the security and stability of our prisons. It is not just about security solutions.
Two of the three murders in the prison system last year were at Long Lartin. Last week, two individuals were convicted of the murder of a prisoner committed in June in Long Lartin. In the last four years, there have been four murders in Long Lartin. Why does Long Lartin seem to have more murders than any other prison in the country?
(6 years, 11 months ago)
Commons ChamberThe escape in February of a convicted murderer serving a 30-year sentence was linked to the dropping of a mobile phone into a prison in Liverpool using a drone so that he could liaise with villains outside to effect his escape. What steps is the Minister taking to enhance and expand the scheme that he has put in place to disrupt drones over prisons? In passing, has he found the prisoner yet?
(7 years, 1 month ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
My hon. Friend is very informed on this matter. Yes, he is right: the great majority of the reform package that was announced last year can be delivered without any further legislation. As I have said three times, we have not ruled out primary legislation in this area in the near future.
By what date does the Minister expect the first people to enter the new units that he has announced for the north and the south? Will he update the Justice Committee on the objectives that he has set for improving the situation, and will he agree to look again at the recommendations of Lord Toby Harris, to which the Government did not agree when they were produced early last year?
I think the right hon. Gentleman is referring to the secure schools. We are committed to opening one in September 2019. There is a possibility that it could be earlier, but it depends on finding the appropriate site; as Members can imagine, these sites have to be secure. We are working extremely hard and are in negotiations with various agencies. The Mayor’s Office for Policing and Crime is particularly interested in assisting us on this. When we know about the locations, we can be a bit clearer about the delivery date.
On the wider question, which I think is about the state of the youth justice system, he can probably tell that I think we need to move towards a different system of how we lock up young people. Sadly, we recognise that some young people will need to be locked up—we have a very small uptick in some serious sexual crimes at the moment—but the environment, the staffing and the manner in which we do so must change. This report confirms what we already knew, and my intention is to work hard to bring forward a plan so that in the future—in the next 10 years—we can get to a situation in which our young people are not only safe and secure, but properly rehabilitated.
(7 years, 4 months ago)
Commons ChamberMy hon. Friend, the chair of the all-party parliamentary group on communities engagement, makes a vital point. We have to be clear that conversion to a religion, including Islam, does not necessarily mean radicalisation but, where conversion happens in the prison estate, people are encouraged to go on education courses. There is also support for imams to make sure that people do not get drawn to the poisonous ideology that often seeks to prey on vulnerable individuals.
Ian Acheson, who reviewed this matter for the Government, told the Select Committee on Justice only last year:
“I do not have confidence that the National Offender Management Service…has the capability or, indeed, if I may be frank, the will to implement some of the recommendations that I have made.”
Does the Minister feel that his changes are not just recommendations but that there is capacity to deliver them?
Absolutely. As I said right at the start, we have a new directorate within Her Majesty’s Prison and Probation Service and a new team across the Home Office and the Prison Service, with new funding to tackle that and to roll out our anti-extremism strategy. The right hon. Gentleman, who is a member of the Justice Committee, will also be aware that just last week we announced the separation centres that Ian Acheson recommended in his review and that will remove the most poisonous individuals from the main population of our prisons.
(7 years, 5 months ago)
Commons ChamberI thank my right hon. and learned Friend for his question. We have held the prison population stable for the last six years, and there are some areas, such as sex offences, where we have seen sentences rise, and I think that that is right, because those are serious crimes and they were not receiving the level of punishment that we would expect. However, as I have said before—I made this point in a speech a few weeks ago—there is more we can do to prevent people from committing crimes that lead to custody, by tackling issues earlier on, whether that is drug addiction, alcohol misuse or not being in education or training. I look forward to saying more about that in due course.
Nobody will disagree with the statements the Lord Chancellor has made in relation to clause 1, because they are sensible and sound, but she must recognise that the indicators on self-harm, assaults and everything else are rising, and that there are 6,500 fewer officers than there were seven years ago. Can she tell us how many officers she has recruited to date, how many she expects to recruit and how she can keep a prison population that is at the level it was in 2010 with fewer officers?
As the right hon. Gentleman knows, we have a programme to recruit 2,500 additional officers across the estate. I can confirm that we started in 10 of the most challenging prisons. We have now successfully secured the complement of officers in those first 10 prisons, which we said we would do by the end of March. We now have a record number of officers—over 700—in training. I do not deny it is a challenging task to recruit those officers, but as the right hon. Gentleman knows from his experience as prisons Minister, it is vital that we do that, because it is only by having qualified and skilled officers that we will help to turn people’s lives around.
I am not just interested in numbers; I am also interested in the career prospects and additional training that we give officers. That is why we are putting in an additional 2,000 senior officer posts across the country. Those will pay upward of £30,000, and they will reward officers who have additional training in areas such as mental health. As the right hon. Gentleman realises, it takes time to recruit and train those officers, but I am absolutely determined to do that, because, alongside these reforms, it is trained officers who will make the difference in our prisons.
The number of whiplash claims in recent years has reduced—[Interruption.] In recent years it has. I should also point out that there is a duty upon insurers to defend claims and not to pay out when claims are fraudulent.
I wonder whether my hon. Friend can help me a little. The Government have claimed that the whiplash proposals will reduce insurance premiums for drivers by about £40. Has he become aware of any evidence to back up that claim? If so, will he share it with the House, because we would be interested in examining it?
I thank my right hon. Friend for his intervention. Unfortunately, the Government have provided no cast-iron assurances that this saving will be passed on to drivers—if it exists at all.
I shall focus on a number of points in the Bill. As my hon. Friend the Member for Leeds East (Richard Burgon) said in his opening remarks, the Labour party will not oppose the Bill, but that does not mean that we cannot take steps to try to improve it and to get clarity from Ministers about what the Bill means in practice and what its impact will be.
Like the Minister, I support the aims of clause 1, which says that prisons are intended to
“protect the public…reform and rehabilitate offenders…prepare prisoners for life outside prison, and… maintain an environment that is safe and secure.”
Nobody can disagree with those objectives, but, as my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman) said in her excellent speech, the prisons system faces a number of challenges. Those challenges have not come from nowhere; they have come from deliberate decisions—from Government policy—and the Bill provides an opportunity to at least look at them, and, potentially, to rectify them.
My right hon. and learned Friend the Member for Camberwell and Peckham covered some of the statistics, but they are worthy of repetition. It is now the case that 76 of the prisons in our estate—some 60%—are overcrowded, and have been deemed to be overcrowded by the prisons inspector. We have seen an increase of 39% in the number of deaths in prison custody over the last year, while there has been a 32% increase in self-inflicted deaths. There has also been a massive increase—22%—in the number of self-harm incidents reported. We have seen an increase in the number of assaults by prisoners on staff and on fellow prisoners. There has been an increase in the number of psychoactive substances found in prisons. There has been an increase in the number of mobile phones found in prisons, and, therefore, an increase in the number that are getting into prisons. Sadly, as we heard from my right hon. and learned Friend the Member for Camberwell and Peckham, there has been a reduction of some 6,335—26%—in the number of prison officers in the past seven years.
I believe that those facts are linked. We have fewer prison officers and the same number of prisoners—prisoners who, for a range of reasons, are more difficult and more challenging and, in many cases, have been convicted of more violent offences. The reduction in prison officer numbers has a real impact on the other statistics. While I do not object to the aims of clause 1 —indeed, I support them—I think that we need to think about what they mean in practice, and about how the White Paper is linked to them.
In what was, as I have said, an excellent speech, my right hon. and learned Friend the Member for Camberwell and Peckham made some positive suggestions about clause 1. The amount of time spent in cells is extremely important, and we should also think about how to establish mechanisms for the recognition and support of people with mental health problems. I would add two issues to her list: family links and distance from home.
In the past 12 months, I have dealt with two constituency cases—quite apart from my work as a member of the Justice Committee—involving people in prisons in the Isle of Wight and Norwich respectively. Let me explain to those who are not familiar with the geography that the Isle of Wight is 273 miles from my constituency—an 11-hour train journey—and that travelling to Norwich takes six hours by train or a four-and-a-half-hour drive. If one of the key purposes of the Bill is reform and rehabilitation, contact with family is surely critical to that achievement.
Could not those two examples be replicated, but to an even worse degree, in the case of young offenders? Obviously there are fewer young offender institutions than prisons. Youngsters are bussed around in the back of sweatboxes for hours—for hours and hours after court hours—and often do not reach their destination until nearly midnight. That is not a good way to rehabilitate anyone.
I agree, but we both know that such problems are not easy to solve. Central to today’s debate is the question of what we can do in the context of the Bill. As I have said, I would add the question of family links to the list given by my right hon. and learned Friend the Member for Camberwell and Peckham. I was prisons Minister for two years and one month. It is a difficult job, and it is difficult to change policy, but we have opportunities to consider these matters. I hope that the Minister will reflect on them in Committee, and will think about how clause 1 can be strengthened in order to achieve its objectives.
The Justice Committee welcomes the fact that clause 2 puts Her Majesty’s inspectorate of prisons on a statutory footing, and we consider the statutory recognition of the inspectorate’s role in visiting places of detention to be a positive development. We are pleased that the chief inspector of prisons will be required to have regard to the new statutory purposes of prisons. I am particularly glad that the Government will have to respond to the chief inspector’s recommendations within 28 days if the matter is urgent, or within 90 days in the case of a general inspection, and that there will be scrutiny of inspection powers. Clauses 4 to 20 put the prisons and probation ombudsman on a statutory footing, and we welcome that as well.
The Government accepted the Committee’s recommendation that the HMIP protocol should be finalised, and said that they would produce a final version before Second Reading. The Committee was consulted on the draft protocol in January, but as far as I know no final protocol has been agreed or published. I think it important for it to be published as soon as possible so that we can develop it accordingly. It was more than a year ago that we recommended a protocol on the relationship between the inspectorate and the Ministry, and we need to know what that relationship is.
Whiplash poses a challenge for the Minister and the Government. The Committee heard evidence from the Association of British Insurers and from the association of legal professionals who deal with whiplash cases. Because we have not been convinced by the Government’s case to date, we have established a follow-up inquiry—as the Minister is doubtless aware, it was announced last Friday—to call for evidence on whiplash. The terms of reference for our fuller inquiry include the definition of whiplash and the prevalence of road traffic accident-related whiplash claims, considering whether fraudulent whiplash claims stack up and whether the provisions in part 5 introduce an effective tariff to regulate damages for RTA-related whiplash claims. In particular, they include consideration of the impact of raising the small claims limit to £5,000 for RTA-related whiplash claims, and—this is not in the Bill, but it is directly linked to it—raising the small claims limit to £2,000 for personal injury claims more generally. They also include consideration of the role of claims management companies, which have not been touched on to date.
The challenge for the Minister, in Committee and on Report—and I hope that the Justice Committee will influence those debates—is to convince us that his policies, established on a cross-party basis with the Committee, will meet our objectives. The claims that the Government have made about savings being passed on to motorists and about the level of fraud in the system have not yet been tested to my satisfaction or that of the Justice Committee, which, it should be remembered, has a Conservative majority.
The Government’s consultation paper sets out no rationale for including employment injuries in what is billed as a reform of whiplash claims. I wrote to the Lord Chancellor last week, and was told that the employment injury aspects would be dealt with by a statutory instrument following completion of the whiplash measures in the Bill.
The aspect of whiplash that is in the Bill is the tariff, along with the judge’s ability to enhance it by 20%. However, there is an entirely separate secondary legislation route whereby the small claims limit can be raised. It could be reduced, of course, but that is not happening in this instance.
The point is that the small claims threshold is being raised to £5,000 for road traffic-whiplash related cases and to £2,000 for other cases.
I am fully aware of that. What the Minister needs to know is that the Justice Committee believes that there is still a tangential link between two matters, which is why it is considering the whiplash provisions in the Bill together with employment levels. We are very conscious that, as well as the potential examination of the Government’s case in regard to whiplash, there should be an examination of their case in regard to industrial and employment injuries. There are myriad cases—I have no time to list them now, but I shall do so on another occasion—in which industrial injury claims would be detrimentally impacted by the change in the limit, and while that is not directly in the Bill—
The Minister does not work in the same spheres that I work in; people in my constituency depend on that level of employment injury support to ensure that they get justice at work. We will return to that at a later stage. The Minister is looking quizzical; he will have an opportunity to come and explain his proposals and those on whiplash to the Justice Committee in due course.
The Bill’s direction of travel can and should be supported. However, the beef of this Bill is what really matters. There are measures that the Government can take to improve it, and to reduce the poor indicators that have been growing in disparity over the last few years, and not just in staffing. They should also consider issues such as those raised by my right hon. and learned Friend the Member for Camberwell and Peckham and those that the Justice Committee asks the Government to look at again.