Draft Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2023

Debate between Edward Argar and John Howell
Wednesday 17th May 2023

(11 months, 2 weeks ago)

General Committees
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Edward Argar Portrait The Minister of State, Ministry of Justice (Edward Argar)
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I beg to move,

That the Committee has considered the draft Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2023.

Before I set out the effect of the draft order, it may be helpful for hon. Members if I explain the legislation underpinning the change that the Government are bringing forward. The Rehabilitation of Offenders Act 1974 governs the disclosure of cautions and convictions for most employment purposes. More serious convictions remain disclosable for life, but under the ROA most convictions become spent after a specific period. Once a conviction is spent, it does not need to be disclosed by someone applying for most jobs. That approach supports the rehabilitation of the offender, helping them to put their past behind them when they have not reoffended over a significant period.

The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 lists activities or categories of jobs in respect of which those protections are lifted, so that individuals, are still required to disclose spent convictions if asked to do so. That enables greater disclosure of criminal records information for people in specified roles and activities. The primary rationale behind the exceptions order is that there are certain jobs for which more complete or relevant disclosure of an individual’s criminal record may well be appropriate.

Although it is generally desirable to facilitate getting ex-offenders into employment, the public must remain adequately protected. There are some areas in which an employer should be made aware of a person’s fuller criminal history before an offer of employment is made, so that consideration can be given to any necessary safeguards. The exceptions order is therefore a counterbalance to the ROA in favour of the protection of the public, providing a greater level of disclosure for individuals performing roles or activities that require additional safeguarding: working with children or vulnerable adults, for example, or in positions of public trust.

The draft order will amend the exceptions order by adding four roles to the exceptions order: chartered management accountants, fire and rescue authority employees, justice system intermediaries and notaries public of England and Wales. Each of those roles has been identified as meeting the criteria for inclusion in the exceptions order: either they are in line with the existing roles and activities reflected in the exceptions order, or there is a compelling case to justify requiring individuals to disclose all spent and unspent convictions. I will set out the rationale for adding each of those four roles to the exceptions order.

John Howell Portrait John Howell (Henley) (Con)
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Is the Minister aware—this is an open question—whether, ahead of this legislation, other professional organisations are going further with respect to liberalisation?

Edward Argar Portrait Edward Argar
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I am grateful for my hon. Friend’s intervention. This is a very narrowly defined set of professions, and the draft order will fulfil a request from some of those professions. As I will address in my closing remarks, there is always a difficult balance to be struck between liberalising the regime, to encourage and facilitate people who have offended but have a subsequent clean record getting into work and back into normal life, and protecting the public in particular circumstances. That does not necessarily mean that the individuals will not be given a job, but it does ensure that their employers have full disclosure so that they can make an informed decision.

The first profession to be added to the exceptions order is members of the Chartered Institute of Management Accountants. The reason is that the functions that they carry out are fundamentally based on trust, and they present a particular opportunity to cause harm to the public through abuse of that trust: they provide services including accounting, taxation and financial management services. The exceptions order already includes chartered accountants and certified accountants, but not members of CIMA, even though they carry out similar functions. I am persuaded that members of CIMA should be included in the exceptions order to enable the institute to discharge its regulatory functions properly and to ensure consistency with Scottish legislation, which already includes them.

The second profession is fire and rescue authority employees, for whom I also consider that there is a clear case for change. From the independent culture review of the London Fire Brigade, from media reporting on services across England and Wales and from recent reviews of fire and police culture, we have seen the importance of ensuring that we effectively vet and check the people we employ in our key public services; we have repeatedly debated those important issues in this House. Furthermore, the recent spotlight report on culture and values by the fire inspectorate, commissioned by the Government, specifically recommends such a change. The case for making it is also supported by considering the roles that individuals in our fire and rescue services undertake, which can include attending schools or vulnerable people’s homes, attending incidents as medical first responders, exercising statutory powers and helping to safeguard others. We hope that the change will help to protect the reputation of our fire and rescue services, which are deeply trusted and highly reliant on public trust and respect for the amazing job that they do to carry out their roles effectively.

The third profession is justice system intermediaries, whose role is to enable communication in police inquiries and in court and tribunal proceedings with those witnesses and parties whose ability to participate is diminished because they are under 18 or are suffering from a mental or physical impairment. It is common for some intermediaries to have unsupervised access to vulnerable adults for the duration of a communication assessment. In rarer cases, they have unsupervised access to children under the age of 18. The role can also involve discussions with vulnerable people concerning highly personal or sensitive matters such as domestic or sexual abuse. Those factors add to the safeguarding risk and place the intermediary in a position of increased responsibility for the welfare of the vulnerable person.

The fourth profession is notaries. “Notary” or “notary public” is a term for a specialist lawyer who has undertaken further legal education and examination and is appointed and regulated through the Faculty Office of the Archbishop of Canterbury. Notaries are authorised to attest the authenticity of documents, certify documents, take affidavits and swear oaths. Most notaries are solicitors, but they do not have to be. In the light of the Ukraine crisis, the then Deputy Prime Minister, my right hon. Friend the Member for Esher and Walton (Dominic Raab), wrote to legal services regulators to ask how the Government could support them to uphold the economic crime regime. In response, the Faculty Office recommended adding notaries to the exempted professions under the exceptions order. Adding notaries to the order will provide parity with other legal professionals such as barristers and solicitors, who are already subject to standard Disclosure and Barring Service checks, as opposed to the basic checks. Furthermore, given that notaries handle sensitive information and often work with vulnerable people, we consider that the role of a notary meets the criteria for inclusion in the order.

At present, employers can request only a basic DBS check for the aforementioned roles, unless specific activity being undertaken as part of the role makes them eligible for more than that. A basic check is the lowest level of check available and shows only those convictions and cautions that are not considered spent. Approving the draft order will enable employers to request standard DBS checks for prospective employees in those roles. It will also enable employers to assess the suitability of a person for any office or employment that the draft order adds to part 2 of schedule 1 to the exceptions order, such as in the case of the fire and rescue services. Standard DBS checks contain details of both unspent and spent convictions, as well as cautions held on the police national computer that are not subject to filtering, which is a process whereby old or minor convictions are filtered off a standard DBS check.

It is important to bear in mind that where an employer is aware of a conviction, it should not be an automatic bar to employment. The Government strongly urge employers to exercise a balanced judgment, taking into account factors such as the person’s age at the time of the offence, how long ago the offence took place, the nature of the offence and its relevance to the position in question. The Government are committed to the rehabilitation of those who have ceased offending and want to move on with their lives. I am proud to say that we have completed the roll-out of prison employment leads, who match prisoners to jobs, and employment advisory boards chaired by business leaders, which link prisons with local industry. We have delivered those in 92 prisons, including all resettlement prisons, ahead of schedule.

We want to ensure that employers use the new powers granted to them under the draft order fairly and proportionately. As a condition of these professions being added to the exceptions order, representatives of each profession have agreed to produce or update guidance, which is being developed with the support of policy officials. The guidance will help to ensure that employers are fair in their recruitment decisions.

In conclusion, adding justice system intermediaries, fire and rescue authority employees, chartered management accountants and notaries to the exceptions order is a necessary safeguarding measure. The criminal records disclosure regime is designed to protect the public, particularly children and vulnerable adults, while enabling those who have offended in the past to move on with their lives. We believe that the change that we propose appropriately strikes that balance.

Covid Contracts: Judicial Review

Debate between Edward Argar and John Howell
Wednesday 24th February 2021

(3 years, 2 months ago)

Commons Chamber
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Edward Argar Portrait Edward Argar
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The hon. Gentleman is absolutely right to highlight the fact that if contracts do not deliver, either to standard or not at all, public money should either not be paid or be recouped. We are currently going through a number of investigations to deliver exactly that, and I am happy to commit that at the appropriate juncture we will of course update the House.

John Howell Portrait John Howell (Henley) (Con) [V]
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Does the Minister accept that illegal acts are those that contravene the law and that unlawful acts are those that contravene the rules? A handball in soccer is unlawful, not illegal. Does he accept the point made by the Chairman of the Justice Committee, my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), that this was a technical breach that has been overcome, and that the Department is going out of its way to make sure that that happens quickly?

Edward Argar Portrait Edward Argar
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I suspect I can do no better than to quote the judgment, which stated that in respect of regulation 50 the Government “acted unlawfully”, but my hon. Friend is right to highlight the fact that—again, as the judgment set out—the Secretary of State is almost at complete compliance, which is exactly what the Government are committed to.

Oral Answers to Questions

Debate between Edward Argar and John Howell
Tuesday 4th June 2019

(4 years, 10 months ago)

Commons Chamber
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Edward Argar Portrait Edward Argar
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The hon. Gentleman rightly highlights his extensive work in this area. It has been a pleasure to meet him on a number of occasions, and I am due to do so again. As I said, there are considerable statutory powers for the CCRC, but as he knows, the commission can refer only those cases it considers to meet the statutory criteria, and there are no plans currently to review that.

John Howell Portrait John Howell (Henley) (Con)
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Does the Minister agree with me that forensic science is a major area where a lack of transparency is inhibiting the review of post-sentencing disclosure?

Edward Argar Portrait Edward Argar
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My hon. Friend is absolutely right to highlight the importance of forensic science in convictions —increasing the number of cases that go through court and result in convictions—and therefore of the role it plays in reviewing cases post-conviction. If he wishes to write to me with further details of specific issues in that context, I will be very happy to write back to him responding to those points.

Youth Inmates: Solitary Confinement

Debate between Edward Argar and John Howell
Tuesday 2nd April 2019

(5 years ago)

Westminster Hall
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Edward Argar Portrait The Parliamentary Under-Secretary of State for Justice (Edward Argar)
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As always, it is a pleasure to serve under your chairmanship, Mr Hollobone, but I suspect I will not detain the House for 42 minutes.

I congratulate the hon. Member for Kingston upon Hull West and Hessle (Emma Hardy) on securing what is—she is absolutely right—an important debate. I am grateful for the opportunity to respond. The issue has attracted much scrutiny in recent months, and rightly so. As the hon. Lady will be aware, I gave evidence on the subject to the Joint Committee on Human Rights last year. I will of course carefully consider the recommendations from the inquiry.

I am responsible, through my ministerial portfolio, only for under-18s institutions in the youth custodial estate, and of course Aylesbury is not in that group. However, in response to a point made by my hon. Friend the Member for Henley (John Howell), I want to point out that in the adult estate segregation should be used only as a last resort, when prisoners pose such a risk to themselves or others that no other suitable location is appropriate, and where all other options have been tried or are considered inappropriate. However, there is a specific approach for the under-18 estate.

I want to reassure hon. Members from the outset that children are never, and should never be, subject to solitary confinement in the UK. There is no universally agreed definition of solitary confinement, but rule 44 of the UN standard minimum rules for the treatment of prisoners—the Mandela rules that the hon. Member for Kingston upon Hull West and Hessle referred to—state that

“solitary confinement shall refer to the confinement of prisoners for 22 hours or more a day without meaningful human contact.”

Removal from association, or segregation, is different. I appreciate that the shadow Minister referred to it as segregation, while others refer to it as removal from association, but I think we are talking about the same thing. It is a last resort for the protection of the child or others. It should never be used as a punishment and our rules are explicitly clear on that. To reiterate, it can be used, and is used, only when a child in custody is putting themselves or others at risk, when no other form of intervention is suitable to protect both the individual or their peers, or staff. I just want to mention in that context that segregation can be removal to one’s own cell rather than to a segregation wing. I shall talk later about the statistics and the impact that that matter has on them.

As to safety, the shadow Minister referred to the 2017 report, and I am sure that he would acknowledge that the chief inspector of prisons subsequently acknowledged that there had been improvement, and that the 2017 verdict on the youth estate was not the current one. However, the hon. Gentleman is right to highlight what was said in 2017, because it was a shocking and important report, and we rightly considered it carefully.

Under rule 49 of the Young Offender Institution Rules 2000, children may be removed from association for the maintenance of good order or discipline, or in their own interests, for up to 72 hours. The presumption is that children should be separated—placed in their room —rather than segregated to a segregation unit, wherever it is possible to do so. Children in YOIs cannot be segregated for more than 72 hours without the authority of senior managers in conjunction with the independent monitoring board and healthcare assessments. Segregation can be authorised by the young person segregation review board for up to 14 days at a time to a maximum of 21 days; a prison group director’s authority is required for anything beyond that. The prison group director must review any segregation of a young person that continues for 21 days, and for each subsequent period.

The youth custody service closely monitors the number of children removed from association under rule 49 of the Young Offender Institution rules, to ensure that all relevant management checks are in place—in a moment I will come on to points about mental health and educational assessments, which I know are of particular interest to the hon. Member for Kingston upon Hull West and Hessle. Those checks include the number of instances of children being removed for more than 21 days, which require a prison group director review and approval. The PGD will review the situation again after each subsequent 21-day period.

The reasons why children may be removed from association for longer periods of time vary. As the Children’s Commissioner and my hon. Friend the Member for Henley said, some may choose to “self-isolate”, and refuse to engage with the regime or mix with other children. That can happen for a variety of reasons, some of which I may come to. Other children have been involved in multiple violent incidents, and display violent behaviour towards other children or staff. Each individual case is carefully considered and reviewed to ensure that when children are removed for long periods of time, the reasons for that are appropriate, especially if they are putting themselves, or others, at risk. I labour the point about rules because it is important to be clear that safeguards are in place, and such measures are regarded very much as a last resort, often driven by safety considerations.

As I said to the Joint Committee on Human Rights—the hon. Member for Bradford East rightly highlighted this issue—accurate data is vital for the operational running of any organisation, and to understand what is happening. I asked the chief executive of the youth custody service to look into how data can be better collected and collated in a consistent format. Such data is often reported by different institutions in different ways, which limits our ability to draw the clear conclusions that we need to make evidence-based policy.

It is not true that during removal a young person will have no meaningful human contact. The child will continue to have regular contact with staff, and individual regime and reintegration plans are agreed, with the primary aim of reintegrating children back into regular association and a normal regime as swiftly as possible. Staff are expected to focus on helping children to manage their behaviour, so that they are able to return to regular association. Such reintegration plans can include visits back to residential units for activities such as association, and they could even include sleepovers in the child’s normal room as part of that process.

A member of the healthcare team must be informed within 30 minutes of a child being removed from association in a YOI, and they must complete an initial removal health screen for the young person within two hours. The hon. Member for Kingston upon Hull West and Hessle is right to highlight mental health needs, which we seek to pick up through those screenings. Along with my hon. Friend the Member for Banbury (Victoria Prentis), the hon. Lady mentioned safety in custody and the risk of suicide or self-harm. She is right to suggest that in other contexts some evidence has established a link between isolation in any context and increased mental health challenges, but in England and Wales there have been no deaths among under-18s in prison custody since 2012. As she said, we must do everything possible to ensure that mental health is protected and there is no harm, but thus far we have been partly lucky, and—more importantly—thanks to the diligence of staff in our YOIs and STCs, there have been no deaths in prison custody of under-18s.

While removed, the child must be monitored at a frequency determined by an individual and tailored assessment of their needs. It is desirable to have greater interaction between staff and the child in segregation, to help that child manage their behaviour and return to regular association more swiftly. Such interaction will also alert staff to any concerns about mental health issues, and any risk of self-harm or worse. Every child who has been subject to rule 49 of the YOI rules for a continuous period of seven days must have a detailed short-term assessment of needs initiated. Children removed for a continuous period of more than 30 days must have a detailed care plan drawn up that states how their mental well-being is supported.

John Howell Portrait John Howell
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I hear what the Minister is saying. Will he do me a favour and ensure that he keeps an eye on the situation he has outlined, so that it occurs in every case?

Edward Argar Portrait Edward Argar
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I am always willing to do my hon. Friend a favour, and he is right to highlight that point. It is important to have processes, but we need to know that they are followed. In a number of cases, I ask for random individual updates and snapshots of information, so that I can get a feel for whether things are being done the way they should be done, and I look at those files as appropriate.

Wherever possible, children should engage with the regular regime, and other children, during their time in custody. However, there are occasions when it is necessary to remove a child from association because their behaviour is likely to be so disruptive that keeping them in an ordinary location would be unsafe, either for them or for others.

--- Later in debate ---
Edward Argar Portrait Edward Argar
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As I said clearly to the JCHR, removal from association and segregation is different from solitary confinement or isolation. The Mandela rules mention having no “meaningful human contact”, but that simply is not the case when someone is segregated or removed from association. I set out previously just how much direct, meaningful human contact continues throughout that time.

When a child in a YOI is to be removed from association, they must be supported in making representations, with governors taking into account literacy levels, whether they need help from the advocacy service and what might be behind their behaviour—I have met the Howard League, and others, who make that point forcefully and reasonably. Prior to a segregation or removal from association, our experienced staff will do everything they can to de-escalate the situation in other ways. If a young person is removed from association, it is not a case of, “That solves the problem”. That is a reaction and a last-resort response based on safety considerations, and the focus throughout will be on what can be done to support that young person back into association, and address their underlying issues or concerns.

Rule 36 of the STC rules states that a young person who has been removed from association and placed in their room cannot be left unaccompanied for more than three hours in any 24-hour period. Providers keep records on staff observations, which must be undertaken at least every 15 minutes. Authorisation for keeping children “removed from association” is escalated during that three-hour cycle, with authorisation from the duty director to extend beyond one hour. All episodes are discussed at monthly performance meetings as part of the governance and oversight arrangements. In contracted-out STCs, the YCS monitor is informed within 24 hours about any removal from association. The monitor is given a summary of every occurrence of a child being placed in their room within 24 hours, and they receive detailed incident reports that articulate the circumstances that led to that removal.

As I explained to the JCHR last year, when a child is removed from association, they are given as much access as possible to the usual regime, including education and healthcare. That includes not only the provision of education packs and in-room learning but teachers attending to children in their rooms to teach them in person so that they have regular human contact. Children in YOIs are also given time in the open air, as the hon. Member for Kingston upon Hull West and Hessle said, and access to healthcare, physical education and legal advice, even when they are removed from association.

Individual regime plans designed around the child’s needs are agreed and reviewed frequently for each child by a multidisciplinary team. Staff in all under-18 YOIs have been given additional training on the use of segregation or removal from association, on the rules governing it and on how to ensure they comply with them. The use of segregation is heavily monitored by the youth custody service and the independent monitoring board, and indeed by me through my regular meetings with the chief executive of the service.

I am absolutely clear that the safety and wellbeing of the children and young adults in our care must be our highest priority, and I am committed to delivering wide-ranging reform to ensure that we are able to meet that priority in an increasingly challenging environment. The shadow Minister suggested that we needed a review of how youth justice, or youth custody, is conducted. I point him to the review conducted a few years ago by Charlie Taylor, which did exactly that. That review set out for us the direction of travel, which we are pursuing with the new secure schools programme, for example. I will touch on that before I conclude.

To provide some context, as hon. Members stated, there has been a sustained fall in the number of children entering the youth justice system in recent years. In the decade to 2018, juvenile cautions decreased by 91%, the number of first-time entrants into the youth justice system reduced by 86%, and, importantly in the context of this debate, the number of children in custody fell by 70%. The latest official statistics I have indicate that there were only 812 children in the youth secure estate as of January this year, a significant reduction from the almost 3,500 to 4,000 around a decade ago.

Those figures represent significant successes and are a testament both to the work and dedication of those who serve our youth justice sector in all capacities, and to the determination on both sides of the House to focus on rehabilitation and give young people the opportunity to reform and live a productive and successful life rather than being condemned at an early age to a life of going in and out of prison. However, that overall decline has resulted in a concentration in the youth secure estate of children who are convicted of the most serious offences—those who pass the bar above which custody is deemed the last resort for someone under 18 and demonstrate very complex behaviour.

The shadow Minister and others referred to the report by the Children’s Commissioner. We studied that carefully, but we challenged a number of her assertions, as I did openly at the JCHR. There are several reasons behind our challenge. The first is the change in the nature of data collection in the period that she looked at. That is not the only reason why we have seen the number of incidents we have, but we need to be careful about the data. Previously, if a young person was segregated in their own cell, it was not recorded as a segregation; a segregation was reported only if they went to a segregation unit or wing. It is important that we have clear data on any segregation or removal from association. That is one factor. It is not the only one, but it is a factor, so I just sound a slight note of caution there.

The other reason goes back to that really concentrated cohort of people convicted of the most serious offences. The average number of children held for violence against the person has increased by 11% in the last year. The proportion of children in custody for more serious offences, including violence against the person, robbery and sexual offences, has increased from 59% to 70% over the last five years. That is due to the increase in violence against the person offences, which now account for 41% of the youth custody population. The changing mix of offenders who make up that smaller overall number plays a part in both the rising levels of violence and the challenges faced by our youth custody estate.

Furthermore, as I think the shadow Minister touched on, despite the reduction in overall numbers, there has been an increase in the proportion of children from the black, Asian and minority ethnic community in custody. They currently make up around 45% of the custodial population. I am deeply concerned about the proportion of BAME children in custody, and understanding and addressing that is a key priority for me. Since my appointment, I have had the great pleasure of working with the right hon. Member for Tottenham (Mr Lammy) on implementation of the Lammy review. We have created a dedicated youth justice disproportionality team, which is working with stakeholders and criminal justice agencies to follow the principles we set out in response to the review, either to explain clearly why this is the case or to change the way the system works to ensure that there is not unwarranted disproportionality of outcomes for BAME children.

The hon. Member for Kingston upon Hull West and Hessle is absolutely right about the importance of not giving up on anyone, however challenging they are. Young people in custody are some of the most challenging people in our society, for a variety of reasons, as my hon. Friend the Member for Henley said. People may be challenging for mental health reasons or as a result of substance misuse. Often, people are challenging because they come from a background in which they experienced significant adverse childhood experiences or trauma, family breakup or domestic violence. There is a whole range of factors behind that. Where the severity of a crime justifies and requires a custodial sentence, our judiciary must have the power to impose one, but we should not give up on any of those young people, and we should work with them in custody to try to address the challenges and background issues they face.

John Howell Portrait John Howell
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One of the other times children are at risk is when their parents are in prison. We at the Council of Europe have been very keen to ensure that there is very good treatment for that. Has the Minister come across that?

Edward Argar Portrait Edward Argar
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My hon. Friend is absolutely right to highlight that factor. I have seen in my work on the female offender strategy the impact that a mother going to prison can have on a young person. It can put them at greater risk of offending or of becoming a victim of crime. I am not aware of the specific work by the Council of Europe, but I know that my hon. Friend is not only an extremely active and valuable participant in the Council of Europe but a strong advocate for its work, so I suspect that he will collar me outside the Chamber and raise with me the research and work it has done that I should consider carefully.

Like my hon. Friend, I believe that every child and young person in custody should have access to and be engaged in meaningful activities, including education and physical activities. The regime should be purposeful, meet the needs of the individuals, keep children occupied and active all day, and deliver the highest quality of education. That is why we have provided an additional £1.8 million of education funding for our YOIs in this financial year, and we are looking at the next iteration of the contracts for the provision of those services.

I am a particularly strong believer—even if my physique does not necessarily demonstrate it—in the benefits that sport and physical activity can bring, particularly in custody. As well as the obvious health benefits, they can provide children and young adults with a sense of achievement, discipline and purpose, and enhance their self-esteem, allowing them to take steps to transform their lives. That is why we are supporting organisations that want to work with children in the justice system and developing new partnerships between establishments, sports clubs and providers to increase access to such activities for those in custody. Members may well be aware of the twinning project that was launched last year to pair prisons with football clubs to deliver new coaching qualifications—33 premier league clubs are now signed up to that—and of the parkrun partnership, which currently operates in 11 prisons across the country, including Feltham, and is expanding.

As I said, engaging activities need to sit alongside effective behaviour management so that children can be out of their rooms and able safely to participate in the regimes and activities provided. That is why we have developed a new approach to behaviour management. Our new behaviour management framework for the youth estate, “Building Bridges”, which was published in February and began its implementation yesterday, draws on research and best practice across our establishments and those of related sectors. It introduces a range of requirements designed to create the right conditions to encourage positive behaviour and proactive, positive cultures, and sets high-level expectations for supporting positive behaviour across all sectors of the youth estate. That will sit alongside a conflict resolution strategy, applying restorative justice principles, and the custody support plan, which will provide each child with a personal officer to work with on a weekly basis in order to build trust and consistency.

I have been encouraged by the progress made by these safety initiatives so far, but there is no room at all for complacency, as both the recent report on youth custody by the independent inquiry into child sexual abuse and the latest HMIP “Children in Custody” annual report, which the shadow Minister alluded to, have made clear. There is more work to do to ensure that youth custody is a safe and effective place for children to turn their lives around.

The HMIP report highlighted the disproportionate use of restraint and segregation in youth custody for BAME children in particular, so we have identified that as a priority area, within our wider strategy, to address race disparities within the criminal justice system. The IICSA report made a number of recommendations aimed at strengthening safeguarding arrangements for children in custody. Despite its shocking findings, we are grateful to IICSA for highlighting those issues. I have written to the inquiry’s chair, Professor Jay, to confirm that we will respond as soon as we are in a position to do so.

More broadly—I come to my penultimate point—we are underpinning all of these reforms with investment in our workforce. The shadow Minister has raised that issue not just in relation to our youth estate but more broadly; I know that he takes a close interest in it. Since October 2016, we have increased the size of our frontline workforce across the prison service by more than 4,700 officers to relieve day-to-day pressures and enable the delivery of more proactive, positive initiatives such as those I have mentioned and the key worker scheme in the adult estate. But we do not only need more staff; we must invest in their training and development to provide them with the knowledge and skills needed to meet the complex needs of those in custody. That is why I was pleased to see that the Prison Officers Association endorsed our reform proposals for the youth custody workforce last week.

We are introducing a new youth justice specialist role and funding all of our youth custody prison officers to undertake a foundation degree in youth justice and transition to that new role on promotion and at a higher pay grade. The training and duties of the role will allow staff to engage with the root causes of children’s offending and more effectively build positive and proactive relationships. More than 300 frontline staff have already voluntarily entered into the qualification, and I look forward to welcoming the first specialists on to the wings in the coming months.

It is crucial that the workforce in the custodial estate are as representative as possible of the group of children they serve. Following the Lammy review, HMPPS made a commitment that at least 14% of new recruits would come from BAME backgrounds by December 2020. I am pleased with the progress we are making in this area; between January 2017 and December 2018 18.5% of the formal offers that were accepted for recruitment to the YCS were from BAME candidates.

Finally, as I said, we continue to work on our proposal to develop secure schools, which we believe are the transformational step in a new approach to youth custody. At present we have prisons with an educational element. What we seek with the reform, and the first secure school planned for Medway, is to reverse that presumption and create instead a school with security, with the education and progress of the young person at the heart of the vision.

I am under no illusions about the challenge we face. We are talking about children who display the most challenging needs and behaviours, and considerable vulnerabilities. Our reforms will support establishments to provide better levels of care, help meet young people’s needs and reduce the likelihood of the need to use separation. If it would be helpful, I am happy to meet the hon. Lady separately outside the Chamber to discuss the education screening, education work and mental health issues raised.

Ultimately, like all of us here, the Government wish to see a change in our system, with fewer young people entering it in the first place and, for those who do, a clear focus on rehabilitation and reducing the risk of reoffending, giving those young people a better chance at life. We want to see more children safer and happier, spending more time engaging in purposeful and constructive activities with a greater hope of a meaningful and crime-free future. I am grateful for the opportunity to respond to the debate.

Victims Strategy

Debate between Edward Argar and John Howell
Monday 10th September 2018

(5 years, 7 months ago)

Commons Chamber
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Edward Argar Portrait Edward Argar
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The right hon. and learned Lady has long been a doughty campaigner on this and many other important issues, and I pay tribute to her work. She is right that this is not explicitly in the victims strategy. I and my fellow Ministers, including the Solicitor General, have heard her make her point eloquently and forcefully, and we will reflect carefully on what she said.

John Howell Portrait John Howell (Henley) (Con)
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We have found that most victims want to play a strong role in parole. How will the Minister make victims’ statements more comprehensive for that purpose and give them a role in the parole system?

Edward Argar Portrait Edward Argar
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I am grateful for my hon. Friend’s question. He has raised that issue previously, particularly in his work as a member of the Justice Committee. He will be encouraged to hear that there are a number of references to the operation of the Parole Board in the strategy, and we will see later this year the Government’s response to the consultation about the operation of the Parole Board. On his specific point, the strategy sets out how the Parole Board will move towards a presumption that victims can, if they wish, read out a victim personal statement in that process.

Eating Disorders Awareness Week

Debate between Edward Argar and John Howell
Tuesday 27th February 2018

(6 years, 2 months ago)

Commons Chamber
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Edward Argar Portrait Edward Argar
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The hon. Gentleman makes a very important point. This is one of those issues on which I would hope we can see the widest engagement across the UK, across all involved in government and the provision of services, to come up with a coherent and common approach to beating eating disorders.

John Howell Portrait John Howell (Henley) (Con)
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My hon. Friend is making a very good point. I wonder whether he has a feeling for how much extra training GPs will require to be able to spot the signs of these disorders.

Edward Argar Portrait Edward Argar
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My hon. Friend makes a very important point and if he will perhaps be patient for a few more minutes, I will turn to, among other things, exactly that point.

At the launch that I referred to, I met and heard from some impressive and inspiring people, who had grappled with eating disorders and who wanted to share their experience and raise awareness. I subsequently met Beat to discuss its work and what more needs to be done. The people I met at Beat’s launch event did something important and brave in speaking out, but they had already done something brave in seeking help for their illness in the first place.

Middle East

Debate between Edward Argar and John Howell
Monday 30th November 2015

(8 years, 4 months ago)

Commons Chamber
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John Howell Portrait John Howell
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My hon. Friend raises an important point. At best, it sends a very confused signal and, at worst, it sends a signal that we do not care what Turkey does in the middle east. That is a signal that we do not wish to send to Turkey and we should not send it. We should say that we do not agree with what Turkey is doing and that it is supporting a form of Islamic fundamentalism in its actions.

I am not sure that I have fully used my extra allotted minutes, but let me conclude by going back to what I said at the beginning of my speech. The situation in the middle east is very confused, but it is not surprising, in my view, that the western press ignored totally the rise of ISIL, because they were not looking. All their action was focused on what was happening in the Israeli-Palestinian conflict, not in the wider middle east.

Edward Argar Portrait Edward Argar
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Does my hon. Friend agree that sadly the same is true of the press’s attention to the conflict in Yemen in recent months and years? Again, they just were not looking.

John Howell Portrait John Howell
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To a certain extent, the press are still not looking at Yemen. We have heard excellent contributions from Opposition Members about the situation in Yemen and I am very concerned about it. I know that my hon. Friend is, too. We all need to concentrate on that and to ensure that the press do not just focus on the one thing that it is easy for them to get a grip on, which is made easy by the openness of Israel in allowing the press in and allowing access to everything that there is to talk about in the Israeli-Palestinian conflict.