Prison Communications

David Winnick Excerpts

Tuesday 11th November 2014 Commons Chamber

[Chris Grayling]

I am only aware of a handful of cases over the years. When such cases arise, they are dealt with individually, with an apology and an explanation given to the prisoner involved. In terms of numbers, I am not aware that that is comparable to the issue we are dealing with today. It is however a concern, because such cases do arise.

The truth is that we all make mistakes. I do not yet have a detailed answer on the case of the Member of Parliament, but I suspect that it was a simple mistake by a member of staff who did not realise that they should not do what they did. However, we need to understand why and how this happened in both those circumstances, and we need to make sure that appropriate guidelines or measures are in place to ensure that they do not happen again.

[Mr David Winnick (Walsall North) (Lab)]

The statement is headed, “Prison Communications”. Is the Secretary of State aware that there is a good deal of concern—in my view, justified concern—that the intelligence services are intercepting communications between lawyers and their clients. We know that there is an acute threat of terrorism and we have no illusions about that, but does he accept that such communications between lawyers and their clients should remain confidential and that what has happened should not occur again?

[Chris Grayling]

Rule 39 mail is very clearly covered by privilege, and it should remain so. As I have indicated, we have a remit to look at rule 39 mail only if we have good reason to believe that it is being misused. That matter is at the discretion of prison governors, but a concerted series of measures to intercept communications relating to an individual would almost certainly be subject to a ministerial warrant. As the hon. Gentleman knows, Security Service activity is subject to ministerial warrants, and rightly so.