Prison Media Bill

Debate between Edward Argar and Andy Carter

Committee stage
Wednesday 22nd May 2024 Public Bill Committees

[The Minister of State, Ministry of Justice (Edward Argar)]

It is a pleasure to serve under your chairmanship, Sir Robert. I add my wholehearted support to my hon. Friend the Member for South Ribble for introducing this hugely important Bill. She has handled today’s proceedings and presented her case with aplomb, elegance and eloquence, as though she had done this 100 times already, so I pay tribute to her for that. It has been a pleasure to work with her on this Bill. It is a testament to her determination to get things done that she has brought it this far. Her South Ribble constituents are very lucky to have her.

As the Minister for prisons, parole and probation, it is central to my role to help to protect the public from serious offenders and improve the safety and security of our prisons. The Prison Media Bill will help us to achieve those core priorities by demonstrating a zero-tolerance approach to social media misuse from within custody. Like my hon. Friend, I put on record my gratitude to all those who work in His Majesty’s Prison and Probation Service for the work they do day in, day out to keep people safe.

I also put on record my gratitude for the contributions today, including from my hon. Friend the Member for Warrington South. In this place—this is not always the case with all colleagues—on matters of justice, he knows of what he speaks, with his strong track record as a magistrate and in this House, so it is always interesting and instructive to listen to his contributions.

I am very grateful to my hon. Friend the Member for Sedgefield, who rightly highlighted a very distressing case, which he and I have discussed. He has been diligent and dogged in his pursuit of his constituent’s interests in this matter. As with my hon. Friend the Member for South Ribble, his constituents are equally very lucky to have him.

The Bill strengthens existing legislation, specifically the Prison Act 1952, on the unauthorised creation and uploading of digital media, including photographs and videos created inside prisons, or of the inside of prisons from outside—for example, by drone. Deterring individuals from uploading videos and photographs and removing from social media those that are uploaded is crucial. The content can cause very serious harm. It can be used to harass and cause distress to victims of crime and their families, as my hon. Friend the Member for Sedgefield highlighted, thereby re-traumatising them. It can facilitate continued criminality, which extends beyond prison walls into the community, including drug supply, violence and gang feuds. Videos taken from above prisons by drone can also cause serious security risks.

As well as videos and photos created inside prison, the Bill tackles, as my hon. Friend the Member for South Ribble said, so-called audit style videos, where members of the public film prison staff from outside a prison, threatening the safety of hard-working prison workers. We are not talking about a couple of cases: last year, HMPPS reported 890 pieces of harmful prison content found online, and between 2020 and 2023, it reported nearly 2,000 uploads. The reality is that that probably under-represents the true scale of the problem as those figures are just for reported incidents. That is why, in clause 1, it is hugely important that the statutory maximum limit for fines on summary conviction is effectively removed, aiming to ensure that the offences can be punished by a fine of any amount, reflecting their seriousness.

I am grateful to my hon. Friend the Member for South Ribble for working so closely with my officials to amend the Bill to extend it to Scotland and Northern Ireland through new clauses 1 to 3 and amendments 11 to 17 and 19. As initially drafted, the measures would apply only in England and Wales. However, as she highlighted, harmful digital content is not constrained by the borders within our United Kingdom, so extending the Bill’s coverage will better protect victims from distressing content created by their perpetrators inside prison, as well as bolstering prison security and the safety of prison officers across all nations in the UK.

My officials, like my hon. Friend, have worked closely with officials in the Scottish Government and the Northern Ireland Executive to ensure that the provisions that fall within the legislative competence of the Scottish Parliament and the Northern Ireland Assembly are consistent and compatible with existing devolved offences, and that the Bill’s provisions will function effectively within those jurisdictions. I, too, put on record my gratitude for the co-operation of Ministers and officials in the Scottish Government and the Northern Ireland Executive, particularly for the speed with which they have looked at the matter and given their support in principle to extending the Bill in respect of those devolved offences. Again, I suspect an element of that is testament to the persuasiveness of my hon. Friend.

I am also grateful to my hon. Friend for tabling amendments 1 to 10, intended, first, to avoid criminalising behaviour that is not necessary or appropriate to criminalise; and secondly, to ensure internal consistency between measures in the Bill and external consistency with existing offences. The changes are designed to ensure that the Bill functions effectively and that provisions do not capture legitimate content, as she said, such as recording by neighbouring residents of a prison or someone’s dashcam capturing the inside of an open prison from a car driving past.

[Andy Carter]

The Minister mentioned the 2,000 or so cases, over a couple of years, where material has been posted online. What action has been taken to remove that material? Are social media companies working with His Majesty’s Prison and Probation Service to ensure that it is taken down in a timely manner, that prison officers are protected, and in particular that their identities are not disclosed in a way that could cause them danger?

[Edward Argar]

I am grateful to my hon. Friend, not least because he gave me the opportunity to have a glass of water. He is right to raise that point. The figures reflect reported incidents, so the number may well be higher. I met social media companies relatively recently to discuss this matter. They are improving in both speed and in taking things down, but one challenge is often that each social media company has its own rules, guidelines and approach to tackling harmful content, so there is not always a consistent policy approach by each one. Some—I will not name them—have engaged constructively, while others are more challenging to work with. However, across all of them, there is a recognition of this, and the Bill will further reinforce the sense of obligation upon them.

In closing, I reiterate my thanks to my hon. Friend the Member for South Ribble for bringing forward this hugely important piece of legislation and confirm the Government’s continuing support for it as amended, subject to the Committee’s decisions. The Bill will enable us to tackle the issue of harmful prison media being uploaded online. It will allow us to disrupt the continued criminality that that fuels. It will reduce distress caused to members of the public, bolster prison security and ensure that prison staff can go to work without fear of online targeting and harassment. I am pleased to support my hon. Friend in that endeavour.

Amendment 1 agreed to.

Amendment made: 2, in clause 1, page 1, line 7, at end insert—

“(2A) After subsection (1) insert—

‘(1A) For the purposes of subsection (1)(a)—

(a) a photograph taken outside a prison of an image which is being transmitted from inside the prison by electronic communications for simultaneous reception outside the prison is to be treated as a photograph taken inside the prison, and

(b) a sound-recording made outside a prison of sounds which are being transmitted by electronic communications from inside the prison for simultaneous reception outside the prison is to be treated as a sound-recording made inside the prison.’

(2B) Omit subsection (2).

(2C) After subsection (4) insert—

‘(4A) In proceedings for an offence under subsection (1)(aa) it is a defence for the accused to show that they did not know and had no reasonable cause to believe that the photograph was of the inside of a prison.’”—(Katherine Fletcher.)

This amendment clarifies that taking a photograph or making a sound-recording of material transmitted from inside a prison is covered by the existing offence in section 40D(1)(a) of the Prison Act 1952. It also provides a defence in relation to the offence in section 40(D(1)(aa) of that Act.

Clause 1, as amended, ordered to stand part of the Bill.

Clause 2

Unauthorised photographs and sound-recordings of prisons and prison workers

End of Custody Supervised Licence: Extension

Debate between Edward Argar and Andy Carter

Wednesday 8th May 2024 Commons Chamber

[Edward Argar]

I am very grateful to the hon. Lady. As I said to the shadow Secretary of State, I have great respect for the work done by those in our probation service. Indeed, I have met the probation unions in the past. Although we do not always agree, I have huge respect for the work those unions do in representing their members.

I would make two points. First, to say that it was done without scrutiny in this House stretches the bounds of credibility. There have been two statements by the Secretary of State and multiple oral parliamentary question sessions, and I have undergone a polite but thorough grilling at the Justice Committee by its Chair. I do not think it stacks up to say that this has not been subject to scrutiny.

On the hon. Lady’s underlying point, I set out earlier that we are investing in probation. There is £155 million of additional investment a year since 2021 and there are 4,000 more probation officers and staff in training.

[Andy Carter (Warrington South) (Con)]

A moment ago, the Minister set out the significant increase in the number of people being held on remand—I think he said it had increased from 9,000 to 16,000. What work are the Government doing to address court backlogs? What steps are being taken to look at other routes for monitoring people who are on remand, who could perhaps serve their remand period in the community under a tagging system?

[Edward Argar]

To correct myself, there are now 16,500 people on remand in the prison population. On court backlogs, we have increased the investment in our courts and the number of sitting days, and we are seeing progress. Obviously, courts take the decision on whether to remand or bail someone, and we can help that process by giving the courts the information they need. We continue to invest in the Bail Information Service, which gives sentencers reassurance about the information they need to make a judgment call about whether someone is safe to be bailed. We are increasing our investment in the community accommodation service, so that when someone is not bailed because they do not have a stable address, there is an increased opportunity for them to have an address, giving sentencers the opportunity to bail them.

Health and Social Care

Debate between Edward Argar and Andy Carter

Friday 3rd December 2021 Commons Chamber

[Edward Argar]

It would be easy to commit the Under-Secretary of State for Health and Social Care, my hon. Friend the Member for Lewes (Maria Caulfield), to a visit because she is not here. Equally, I am conscious that East Leake is just up the road from my constituency, so it may be that my hon. Friend gets me instead. I will certainly look into that visit.

[Andy Carter (Warrington South) (Con)]

Following the point made by the hon. Member for Weaver Vale (Mike Amesbury), the greatest challenge that we face to recovery from covid in Warrington is that our hospital is too small. Warrington trust recently submitted a bid for a new purpose-built hospital. Will my hon. Friend assure me that, in the new year, he will look favourably on Warrington?

[Edward Argar]

My hon. Friend, along with many right hon. and hon. Members, is doing his bit to push the cause of his local hospital investment bid. As I said to the hon. Member for Weaver Vale (Mike Amesbury), I commend that, but it would be wrong for me to be drawn while the process is still under way.

Oral Answers to Questions

Debate between Edward Argar and Andy Carter

Tuesday 1st September 2020 Commons Chamber

[Edward Argar]

My hon. Friend is absolutely right to pay tribute to the amazing work of hospices. She is also right to highlight the work of Mary Stevens hospice in her constituency, of which she is a great champion. I very much look forward to taking up her offer to visit.

[Andy Carter]

I thank the Secretary of State for the investment into Warrington A&E announced recently. An additional £4.3 million will create a treatment plaza and, most importantly, a new paediatric A&E unit for the hospital. This investment is very welcome for the short term, but will the Minister and the Secretary of State meet me to discuss the longer-term issues for our hospital—plans for a better healthcare facility in Warrington South, better parking, and, in the long term, a new hospital?

[Edward Argar]

I am grateful to my hon. Friend. He is right to highlight the investment we are making in NHS infrastructure, as he did recently in his Warrington Guardian column. He is well known for his energetic campaigning, on behalf of his constituents, for a new hospital. Although such decisions are for the spending review, I would be very happy to meet him.