Oral Answers to Questions
Emma Lewell-Buck Excerpts(3 months, 2 weeks ago)
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Mrs Emma Lewell-Buck (South Shields) (Lab)
Mr Speaker
Order. This is topical questions. I have to get everybody else in. If the hon. Lady is going to ask a topical question, it must be short and quick to allow others to ask theirs. Has the Minister been briefed on what is being asked?
Mrs Lewell-Buck
Little Tallulah passed away aged two on 2 November last year after those services failed her. How can her parents get some justice?
Alex Chalk
This sounds like an absolutely appalling case and my heart goes out to Tallulah and her family. I am unaware of the details of the case, but if the hon. Lady writes to me, she will get a response.
Victims and Prisoners Bill
Emma Lewell-Buck ExcerptsMonday 4th December 2023
(4 months, 3 weeks ago)
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Mr Deputy Speaker (Sir Roger Gale)
Order. After the next speaker, I am afraid I will have to reduce the time limit to four minutes. At least Members have been forewarned.
Mrs Emma Lewell-Buck (South Shields) (Lab)
I will speak to new clause 43, but first I thank my right hon. Friend the Member for Garston and Halewood (Maria Eagle), who has fought tirelessly for that change and for so many more on behalf of victims.
My constituents Chloe Ann Rutherford and Liam Thomas Allen Curry were murdered in the Manchester Arena attack. In 2022, after sitting through the public inquiry and listening to every agonising detail of what their children went through, Chloe and Liam’s parents were told that they would be denied the right to register their children’s deaths due to outdated legislation that states that, where deaths require an inquest or inquiry, death registration is to be done solely by the registrar. All those devoted parents wanted to do was to be part of that final official act for their precious children.
After meeting with the then Minister, we had assurances that he would look urgently at whether and how those changes could be made. With each change of Minister, the promises continued, yet nothing has changed. In February this year, the bereaved families attended another meeting with Ministers. In that meeting they were treated with contempt, patronised and insulted. It became clear that they had been misled by the Government for nearly a year, because despite it being entirely possible to change that law, the Government just did not want to do so.
The current Minister suggested in Committee that I strengthen my amendment, so I did, but just last week he said that it was no longer possible due to the Data Protection and Digital Information Bill, which will digitalise death registration. It feels like yet another excuse, because new clause 43 would give the Secretary of State the power to modify any provisions, which would enable the clause to be shifted to a digital state in future.
Lisa, Chloe’s mam, has spoken to me about how they were told at the outset that their beloved children did not belong to them but belonged to the state. She said that, despite the rhetoric that we always hear about families coming first, they simply do not. Caroline, Liam’s mam, explained that registering Liam’s death would have allowed her to begin grieving, and that if she could not do that for him, she would feel like she had failed him. She did not fail him; it was the state that failed him.
In June this year, Chloe and Liam’s parents, after six agonising years, watched as their children’s deaths were registered by a stranger. Chloe’s dad, Mark, said that
“it wasn’t the way we wanted this to be, because of our ridiculous government who only change laws to benefit themselves. We had to watch a random person sign it and not her Mam & Dad”.
They do not want anyone else to have to go through what they have gone through. Just last week, Caroline reminded me that because she was removed from the process, Liam’s name and date of birth were originally recorded wrongly.
The Minister knows that I think he is a fairly decent bloke, and he knows that Chloe and Liam’s families deserved better than that, and that families in the future will deserve better too. There is no moral or legal reason to keep on blocking the new clause, or this change. I am hopeful that he will continue to work with me on this, but I am sure that he understands how deeply disappointed I am, and how let down my constituents feel.
Jess Phillips (Birmingham, Yardley) (Lab)
I have a bit of a poorly chest, so if my voice goes, that is the reason. I thank the Minister for the tone in which he introduced the debate and the changes that he has tabled around domestic homicide reviews regardless of the reason why somebody died, whether that be suicide, sudden accidental falling or substance misuse and overdose. Those are things that we see all the time that could be put down to domestic abuse. I pay tribute to Jhiselle from the Killed Women network, who has fought tirelessly for some justice for her sister Bianca, who fell from a tower block in Birmingham. Nobody has ever paid the price for what happened to her. Certainly she has not been, to date, allowed a domestic homicide review; we hope that that will change.
Obviously I am pleased to see the changes on Jade’s law. My right hon. Friend the Member for Alyn and Deeside (Mark Tami) has worked so hard, as has my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman), who tabled the amendment on the need to carve out parental responsibility from those who are convicted of child abuse. All children in this country are protected from being near a child abuser—a paedophile—apart from the abuser’s own children. The other parent has to go through the family court process in order to keep their children safe.
While I agree with both amendments, and fought very hard for Jade’s law, the reality is that we cannot keep carving out little bits where parental responsibility is gifted. It is not just gifted, actually; currently the family courts in our country collude with perpetrators of violence and abuse to a degree that is frightening to anyone who has sat in on those proceedings, as I do regularly.
The Government have had the outcome of the harms review for three years, and have been working towards another review. The presumption of contact for violent parents should not be on our statute book any more. We should not call for victims to fight again and again to keep their children and themselves safe, yet we do.
I am afraid that I will point to another delay that the Minister has referred to: the delay on non-disclosure agreements. I know that he has to sit there and say that the Department for Business and Trade is working on it. Well, I am sorry to say, “Read it and weep,” because that is the answer we have been given for five years. For five years, since the recommendation to end the use of non-disclosure agreements in cases of sexual harassment, the Government have repeatedly said, “We’re looking at it.” Have they lost it? Where are they looking? Look harder!
I want to make it clear that, while I welcome the Bill, there are gaps in it around adult sexual exploitation. If you are a child who is sexually exploited—you might have been repeatedly raped from the age of 10—from the day you turn 18, suddenly the Government have no definition of you and no policy to do anything about you. That is problematic.
This week, the Home Office has announced that it will bring forward emergency legislation on the Rwanda situation. Where is our emergency legislation for the things that we have waited years for, the things that people have died waiting for—including those in the infected blood inquiry? If only we were the emergency.
Oral Answers to Questions
Emma Lewell-Buck Excerpts(1 year, 6 months ago)
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Mr Speaker
Order. When I say I am moving on, I am moving on; it is not for you to continue. It goes at my pace, not yours. I call Emma Lewell-Buck.
Mrs Emma Lewell-Buck (South Shields) (Lab)
I have repeatedly raised the anguish that my constituents, the parents of Chloe Rutherford and Liam Curry, are going through. Chloe and Liam were murdered in the Manchester Arena terror attack. Archaic law in relation to terror attacks prevents my constituents registering their precious children’s death. I first raised the issue in March—it was urgent then. Despite multiple promises from the Government Benches that legislative change was being considered, nothing at all has been forthcoming to me or my constituents. Why?
The Parliamentary Under-Secretary of State for Justice (Mike Freer)
I thank the hon. Lady for the work that I know she has being doing on the issue and I am very conscious that the matter is outstanding. I can only reassure her of the Government’s commitment to find a route through the current legal blockage that does not allow the families to take part in registration. I promise her that I will bring forward a solution as soon as I can.
Oral Answers to Questions
Emma Lewell-Buck Excerpts(3 years, 7 months ago)
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Cat Smith (Lancaster and Fleetwood) (Lab)
Mrs Emma Lewell-Buck (South Shields) (Lab)
The Minister of State, Ministry of Justice (Lucy Frazer)
I am very aware of the difficulties that many children in custody have faced over the covid period. I recently had a remote meeting with all the governors of the youth estate to discuss the impact of covid on young people in custody. As a result of that discussion and what we have heard, we have prioritised and focused on ensuring a return to face-to-face education and social visits, which are vital to young people’s mental health. I am pleased to say that we have already recommenced both of those across the youth estate.
Mrs Lewell-Buck [V]
Despite Ministers’ previous answers to my hon. Friends, throughout the pandemic the Government have actively supported children in prison being locked in their cells for over 23 hours a day, with their education and therapy sessions cancelled and family visits stopped. Does the Minister feel that these criminal measures have helped or hindered their rehabilitation?
Lucy Frazer
I would like to clarify what the hon. Lady has said. We have not actively supported the lockdown; when we went into the pandemic, we were told by Public Health England that we were potentially facing 2,500 deaths in our prisons, and we rightly took action very quickly to stem that. Every death is tragic, but I am very pleased that, through our efforts, we only had 23 deaths. The problems in the youth estate are very different, but, equally, we did not want transmission among users and staff, leading to the NHS becoming overwhelmed and staff getting sick, so we took measures that were appropriate at the time. As I mentioned to the hon. Member for Lancaster and Fleetwood (Cat Smith), we absolutely recognise the importance of education. It is something that we are prioritising and have prioritised, and we will continue to do so.
Oral Answers to Questions
Emma Lewell-Buck Excerpts(3 years, 10 months ago)
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Robert Buckland
The hon. Lady raises an important point about summary-only offences, which, although relatively speaking might be not as serious as some other types of charge, have real effects upon the victims of domestic abuse. I have certainly drawn my mind to that issue throughout this crisis. I am confident, from the police activity I see, that arrests and charges continue and that a number of perpetrators are being charged within that time. Nothing has led me to believe that there should be a problem with regard to timely charging within the six-month time limit. That can be done, and then these people can be brought to justice.
Mrs Emma Lewell-Buck (South Shields) (Lab)
The Minister of State, Ministry of Justice (Lucy Frazer)
Levels of violence in our youth estate are too high. We are determined to improve safety by investing in staff, education, psychology services and mental health support and by trialling secure schools, with the first to open at Medway. I was pleased to read parts of the inspector’s report after he attended Cookham Wood, Wetherby and Parc young offenders institutions as part of a number of scrutiny visits last month, in which he described all three sites as “calm and well ordered”, and he saw staff interacting with children in a “caring, patient and professional” way.
Mrs Lewell-Buck
In January, inspectors found that children were being confined in their cells for up to 23 hours per day and were subject to restraint techniques that cause injury and serious harm to children. The Government know that, and yet they continue to permit the use of those techniques. This is state-sanctioned child abuse. The Charlie Taylor review was due to report on this last summer. Where is that report?
Lucy Frazer
The hon. Member is right to point out a number of reports in this area. Her Majesty’s inspectorate of prisons thematic report in January on the separation of children in YOIs made very difficult reading. Because of that, we took a number of immediate actions, including enhancing local and national oversight and establishing standardised monthly data collection on separation. We commissioned Charlie Taylor to conduct a review into the use of pain-inducing techniques, and we will be publishing that report very shortly.
Oral Answers to Questions
Emma Lewell-Buck Excerpts(4 years, 2 months ago)
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Chris Philp
Yes, I can give my hon. Friend that commitment. It is the Government’s intention to consult very shortly—this spring—on increasing judicial retirement ages, including for magistrates, thereby retaining the very high levels of experience that he refers to. In addition, to maintain diversity on the bench, we need to make sure that we are also recruiting new magistrates who reflect the diversity of our great country.
Mrs Emma Lewell-Buck (South Shields) (Lab)
My constituent Kelly Chandler suffered sexual abuse from her brother when she was a child. As an adult, she found the strength to report this to the police. Her brother then admitted that he did perpetrate this abuse. However, a legal loophole states that due to his age at the time of the abuse, he cannot be prosecuted. Kelly, after reliving this trauma, is being denied justice. When will this loophole be closed?
Robert Buckland
I am very grateful to the hon. Lady for raising this individual case. I would be happy to discuss it further with her. There obviously seems to have been a prosecutorial decision, which is the responsibility of the Attorney General, but we will meet and discuss this troubling case further.
Oral Answers to Questions
Emma Lewell-Buck Excerpts(4 years, 9 months ago)
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Edward Argar
The hon. Lady rightly highlights the importance of the draft Domestic Abuse Bill, which we hope to bring forward as soon as we have fully considered the recommendations of the Joint Committee on the draft Bill. I know that is something that came up in evidence and in the Joint Committee, and it is something we will be looking at very carefully.
Mrs Emma Lewell-Buck (South Shields) (Lab)
My constituent Claire Ball was sexually abused as a child. She bravely went through the trauma of giving evidence against the perpetrator in court. Throughout that process, Claire was given less support than the perpetrator, had no option for witnesses to support her and, disgustingly, was accused of “leading him on”. He was found not guilty—Claire has still not been given a clear reason why—and has remained living close by. Can the Minister explain to me and to Claire, since she must relive the trauma every time she sees the perpetrator, when the Government will redress the inequity faced by child sexual abuse victims in our justice system?
Edward Argar
The hon. Lady makes a powerful point. The issues to which she alludes are likely to fall under the responsibilities of both the Crown Prosecution Service and the court. I am happy to meet her to discuss the specifics of the case and, as appropriate, take them up with the Solicitor General and the Attorney General.
Child Imprisonment
Emma Lewell-Buck Excerpts(4 years, 10 months ago)
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Mrs Emma Lewell-Buck (South Shields) (Lab)
I beg to move,
That this House has considered abolishing child imprisonment.
It is a pleasure to serve under your chairmanship, Mr Hosie.
For decades, what has been happening to the forgotten children imprisoned across England and Wales is state-supported and state-sanctioned child abuse. Worse still, those in this place who have the power to stop it have not done so.
At present, 727 children are in prison: 81% in youth offenders institutions and 19% in secure training centres. The lives of many of those children before prison were marked by significant harm and suffering. Up to 92% of children in custody have suffered prior physical or sexual abuse, or neglect, and nearly half have been in the care system. Children in custody are three times more likely than their peers to have suffered the death of a parent or sibling, and three times more likely to have unmet mental health needs. A quarter of them identify themselves as disabled, with one in five having special educational needs. Children who identify as black, Asian or minority ethnic are disproportionately overrepresented. When there is a reduction in the size of the overall youth custody system but a rise in the number of BAME people represented in it, my right hon. Friend the Member for Tottenham (Mr Lammy) put it well when he said that there is discriminatory practice and institutional racism in the prison system and that something is just not working.
Children in such institutions have significant needs, which would be better met in a nurturing, specialised and therapeutic system modelled on the secure children’s homes ethos in which child welfare is the overriding concern, as recommended by the End Child Imprisonment coalition. At present, 65% of children go on to reoffend within a year of release. A child-focused environment, with an end to the slash and burn of austerity stripping away support and mental health services, is likely not only to reduce reoffending but to stop reoffending in the first place.
In 2016, the Government committed to closing youth offenders institutions and secure training centres for good. They know that the findings of the Youth Custody Improvement Board, the Youth Justice Board and Her Majesty’s chief inspector of prisons—that those institutions are not fit for purpose and not safe for children or young people—were right.
Ellie Reeves (Lewisham West and Penge) (Lab)
I am grateful to my hon. Friend for securing this important debate. Successive reports and inquiries have found that children’s prisons are unsafe and unable to meet even basic needs. The Howard League for Penal Reform reported that a child in Feltham spent 23.5 hours a day in a cell for 55 days in a row. Does she agree that we need to invest urgently in children’s centres so that children are not kept in such awful conditions?
Mrs Lewell-Buck
I thank my hon. Friend for her intervention. She cites one of the examples that I will consider.
Three years after that 2016 announcement, those institutions remain. Only this year, the chair of the independent inquiry into child sexual abuse stated that she was
“deeply disturbed by the continuing problem of child sexual abuse in these institutions over the last decade.”
Report after report shows that life for children in prison consists of systematic denial of basic physical needs such as nutritious food, fresh air, exercise, and warm and comfortable shelter. Children live in environments permeated with violence, uncertainty and fear, where meaningful adult contact and education are limited or non-existent.
Adults living in such an environment would struggle. For any child, living with those heightened levels of anxiety and fear, with no trusted adult to confide in or to seek help from, will surely result in trauma and mental health difficulties. It is therefore perhaps not surprising that incidents of self-harm increased by 159% between 2014 and 2017, or that the Royal College of Psychiatrists reported that up to three quarters of doctors specialising in mental health in prisons do not think that it is possible for them to provide adequate care because of the conditions in which they are working.
When children react negatively to such an environment, they are punished with segregation—solitary confinement, which the United Nations defines as being locked indoors for 22 hours per day—or pain-inducing restraint. Recently, my hon. Friend the Member for Kingston upon Hull West and Hessle (Emma Hardy) led a debate on youth solitary confinement in which the Minister, as he may recall, said that
“children are never, and should never be, subject to solitary confinement in the UK.”—[Official Report, 2 April 2019; Vol. 657, c. 339WH.]
Instead, he said, they are “segregated” or “removed from association”.
Such statements are repeated in ongoing and lengthy correspondence that I have had with various Ministers from the Ministry of Justice and the Department for Education. As they tie themselves into semantic knots, the repetition of statements to the effect that solitary confinement is not used is simply at odds with the facts. In 2017, the Howard League advocated on behalf of that young boy who had spent 23.5 hours per day in his cell for 55 days in a row. Last year, an investigation by the “Victoria Derbyshire” show found that in the previous year, at least 40 children had been held in their cells for at least 22 hours per day.
Just this week, the children’s rights charity Article 39 informed me about two boys, one aged 15 and one 17. They both have serious mental health issues. They are waiting for medical care and are stuck in solitary confinement for between 22 and 23 hours per day. As they are confined to their cells, prison officers observe them in shifts through a perspex door. When the boys are allowed out of their cells, they are not permitted meaningful contact with their peers. Planned health appointments are missed due to staff shortages and doctors who do visit them can talk to and observe them only through a hatch. Reportedly, that level of confinement would be enough to induce a mental breakdown and possibly psychotic mental states. Article 39 told me about another young boy who was subject to solitary confinement. He was acutely psychotic and in need of urgent in-patient care and treatment, but he sat in his cell for more than four weeks until a suitable hospital placement was secured and he was transferred out of prison.
This year, the Joint Committee on Human Rights published a report stating that
“pain inducing techniques and solitary confinement…are…not compliant with human rights standards”.
The Committee called for such techniques to be banned. The report also states:
“Data…shows that children are restrained too often, with…thousands of unjustified restraints each year, and that separation is also used too often”,
adding that staff are too quick to use restraint or separation.
The permitted use of pain-inducing restraint is beyond comprehension. Prisons are the only institutions in which staff are trained and permitted to inflict pain deliberately on children. Adult staff are given a green light to cause significant harm to a child in their care. If a parent, foster carer or anyone else behaved in that manner, they would be deemed to be breaking the law and would be dealt with appropriately. In the stark and unforgiving world of children’s prisons, however, apparently it is okay for adults to cause significant harm to vulnerable and frightened children. In the past, I have worked with incredibly distressed and—some would say—violent children who have lashed out. I know that is difficult, but staff in those institutions are put in impossible situations. Their training and the option that they are given is always about restraint. Better training and support are needed for those staff as a matter of urgency.
The techniques referred to as minimising and managing physical restraint are put into four categories: low, medium, high level and pain inducing. The exact details of those techniques are kept hidden from the public, as the Government state that they reflect those used in adult prisons. We do know that sometimes children are kept in holds on the floor for more than 15 minutes, on their front or back. There are reports of children losing consciousness, with blue lips, fingernails and earlobes, having difficulty breathing and vomiting. One boy’s wrist was described as “snapping like a pencil.” Despite the screams, the restraint continued.
Data for the last year from the Ministry shows that medical attention was required in 668 use-of-force incidents. Of those, 30 were so serious that the young people had to be admitted to hospital. In the past, some incidents have even resulted in death, either directly or afterwards when children, unable to take any more, have taken their own lives. I know the Minister will be familiar with the cases of Gareth Myatt and Adam Rickwood. Their deaths led to MMPR, which we know is comparable to restraint used in adult prisons but, as I said, we cannot see. We do not really know the true extent of the pain being inflicted on those children.
The children who have been significantly harmed and are no longer with us deserve to have their stories told. Their lives mattered. For children who are in prison now and future generations, a whole new approach is needed. I respectfully say to the Minister that secure schools are not the answer. After all, 20 years ago that was what secure training centres were supposed to be but, as today’s debate shows, they have evolved into something far uglier than their remit of excellence in care and education. Furthermore, having Medway as the experimental site for this new model is not only grossly misguided, but smacks of a lack of understanding of how culture, custom and practice infect an institution and never leave. Rebranding while the centre is still classed as requiring improvement for child safety will not lead to the improvements for which the Minister hopes.
The campaign to end child imprisonment, of which I am sure the Minister is aware, is formed by a coalition of groups with a deep understanding of children’s prisons, child development and children’s rights. Those groups are campaigning not just for the closure of those prisons and a more child-welfare-based model, but for a move from responsibility for children’s detention towards children’s services. They want a change in the law so that deprivation of liberty is always an absolute last resort, and to remove punishment and deterrence as reasons for imprisoning children. I would like the Minister to respond to the campaign’s asks, and to outline the Ministry’s timetable for phasing out those institutions. I would appreciate it if he could tell us when we can expect the findings and recommendations of the review of pain-inducing techniques that began more than a year ago.
We are debating the harrowing and frightening lives that some children have to endure day in, day out. Those are children for whom the state has sole responsibility. I urge the Minister to take serious action: abolish child prisons before more harm is done. It is not only his professional duty but his moral duty to do so.
Edward Argar
I enjoy taking interventions from the hon. and learned Lady, and although I am always somewhat nervous about what may be coming in my direction, she was kind in that last intervention. She rightly highlights the experience in Scotland. We are aware of that, and I take a close interest in it. The debate on the efficacy and future of short sentences is alive, and I am sure that she and other hon. Members will participate in it.
The youth justice system offers courts and other decision makers a range of flexible sentences that can be used to address a child’s behaviour and offending. Those range from informal diversions to cautions, community sentences and custody for the most serious offences. The Government believe that there will always be some children for whom custody may be the appropriate and necessary sentence, but we are equally clear that it should always be a last resort, and for a period of time in line with the seriousness of the offence.
In 2018, 26 sentences were given to children for murder—by “children”, I mean those under 18 who fall into the care of the youth justice system, for which I am responsible—and 44 for wounding with intent to cause grievous bodily harm. In 2017-18, 32% of custodial sentences given to children were for violence against the person and possession of weapons—that goes back to the offences I mentioned earlier. Notwithstanding the point made by the hon. and learned Lady, we believe that those offences involve significant public protection concerns that must also be carefully considered in any future approach.
The age of criminal responsibility in England and Wales is 10. Custodial sentences are available for children from that age, although their use is restricted, and the courts have a statutory duty to consider a child’s welfare during sentencing. Children under 12 will only ever receive a custodial sentence for the most serious offences where neither a community sentence or fine can be justified. Furthermore, we recognise that needs can differ among different age groups, and the sentencing guidelines reflect that. For example, detention and training orders are not available for under-12s, and can only be given to children aged 12 to 14 if they are considered to be persistent offenders. Returning to the definition of “child”, about 95% of those who receive a custodial sentence are 16 and 17-year-olds.[Official Report, 11 July 2019, Vol. 663, c. 3MC.] That is still a small number. I take the underlying point that the hon. Member for South Shields is making, but we should be clear about the age that is predominantly reflected in those who receive custodial sentences.
It is also clear that custody is used sparingly. Although proportions of sentence types have remained stable, the overall numbers are much lower than they were 10 years ago. For example, in 2017-18, just under 1,600 immediate custodial sentences were given to children, in comparison with about 15,500 community sentences. The proportions were 7% and 68%. In 2007-08, there were nearly 5,800 immediate custodial sentences, but the proportions were 6% and 68%, so they have been relatively consistent.
I am clear that custody needs to be in the right environment to rehabilitate children, which goes to the shadow Minister’s point. I have never shied away from the fact that, as I said in my evidence to the Joint Committee on Human Rights, in many cases we are not delivering the best outcomes for children. That is why we are committed to reforming youth custody and ensuring it is a place of safety and learning that is able to rehabilitate the young people who need to be there.
As the hon. Lady and the shadow Minister said, HMIP inspections of YOIs have identified safety and purposeful activity as key areas for improvement. The shadow Minister referred to what the chief inspector of prisons said in 2017-18. He is a decent chap, and I know that he would want to be clear for the record that the Chief Inspector of Prisons subsequently moved away from that and does not maintain that there are no safe institutions. However, he was right to highlight what was said at the time. We have taken several steps to address these issues and in 2017, following that, we began a comprehensive reform programme to ensure that the services provided in custody are aligned with the increasingly complex needs of the children in our care.
Since 2017, the number of operational frontline staff in the YCS has increased by almost 40%. We have recruited more psychologists, healthcare staff and frontline officers, who are being appropriately trained in mental health and trauma-informed approaches. Earlier this year, the YCS began implementing a new evidence-based behaviour management strategy and integrated care framework, and we have built two new enhanced support units for those with the most challenging needs. We are also working with education providers and devolving additional funding to commission more educational, vocational and enrichment activities.
The ability to work with children displaying complex needs requires a very specific, very important set of skills. We are therefore also investing to improve the quality of our staff training. We have introduced a new youth justice specialist role tied to a foundation degree in youth justice to teach the latest in effective practice in youth work and rehabilitation. More than 400 staff have enrolled so far, and we are aiming for every prison officer in the YCS to have undertaken that training by 2023.
There will always be a need for a degree of security and a form of custodial setting. Alongside improving the existing estate, we are changing the fundamental approach. Last year, we announced the creation of the country’s first secure school, to be developed in Medway in Kent, which the hon. Member for South Shields referred to. I have huge respect for her, but respectfully disagree. I believe that secure schools are the right way to proceed to ensure we move away from the concept of a prison with education to that of a school—an educational setting—with a degree of security. I believe that that strikes the right balance.
Mrs Lewell-Buck
Does the Minister appreciate that that is what secure training centres were intended to be at their inception almost 20 years ago, and that it has not worked? The Government are going down the same track with the secure schools model.
Edward Argar
I would argue that secure schools are not a rerun of secure training centres. The Government recognise that there is a need for a secure custodial setting as part of the youth justice system, but we believe that education should be to the fore. The hon. Lady will have seen that, unlike for secure training centres, we are looking to education providers, rather than to established organisations dealing with custody and security, to run secure schools. We are very clear that, with the investment we are proposing, we can redesign and improve the Medway facility, achieving value for money for the taxpayer and adopting a different culture and approach in that setting.
Mrs Lewell-Buck
I am conscious that the Minister is coming to the end of his comments. One of the key questions I asked was this: what is the timetable for phasing out YOIs and secure training centres, as the Government promised in 2016?
Edward Argar
We have made it clear that we will open Medway as the first secure school, with a second one to follow. However, we wish to assess at each stage how well the system is working, how effective it is, and whether any improvements are needed along the way, so it would be wrong to set a date for a full and complete replacement and roll-out. The hon. Lady would not expect me to do that without testing the new model to ensure it adapts to reflect the experience, as it is completely different from the secure training centres. As I said earlier, all Governments must accept their share of responsibility for the system today. In a moment, I will address the questions that the shadow Minister asked.
We will give the leaders of secure schools freedom and autonomy, similar to the freedom enjoyed by headteachers, to create relationships, care and practice centred around the needs of the children. This new model of youth custody draws on the ethos and practice of schools, with the structure and support of the secure children’s home model. I look forward to announcing the provider of the first one at Medway very shortly.
Despite the successes, children leaving custody are the most likely to reoffend in the whole criminal justice system. Reoffending rates are far too high for children sentenced to custody for six months or less. That relates to the points made by the hon. and learned Member for Edinburgh South West. We believe that short periods in custody can have a negative impact on a child’s rehabilitation. It can disrupt family relationships which, as the second Farmer review showed, can be fundamental to supporting rehabilitation and reducing future offending.
The Secretary of State for Justice set out in oral questions earlier this month the persuasive evidence that short custodial sentences do not work, and that community sentences can be more effective in reducing reoffending and keeping the public safe. I know that Members of all parties share that view, and I hope we will continue to see progress.
Let me turn to some of the questions that hon. Members asked. The hon. and learned Member for Edinburgh South West talked about the need for young people entering custody to be placed as near to their home as possible. She is right that, occasionally, there are needs that mean that that cannot happen. In cases where there has been gang-related violence or serious youth violence, there may be a genuine need to separate some young people in the custodial estate. She is right that that goes to the heart of maintaining family and other relationships.
It is always a pleasure to be cross-examined by the hon. and learned Lady and, indeed, by the whole of the Joint Committee on Human Rights. I have read its report carefully, and I will be responding to it on behalf of Her Majesty’s Government very shortly. I can speak only for this Government. I do not know whether I will still be a Minister in five weeks’ time, but I can speak as one today. We will be responding very shortly.
The hon. and learned Lady mentioned the Taylor review recommendation about children’s panels. That is certainly an interesting idea. The principles underpinning it—understanding and addressing the root causes of offending—are absolutely valid and the right ones to look at in the context of the youth justice system. However, to implement the idea exactly as suggested would, to my mind, represent a significant change to the approach in this country, which still puts a judge, or a sentencer, at the heart of sentencing. As she will have seen from our response, we did not accept that recommendation, because we recognised the broader impact it would have on how our justice system operates.
The shadow Minister, and possibly also the hon. Member for South Shields, mentioned doctors’ access to patients. Doctors can always access patients directly where there is a medical need and the doctor makes that medical judgment.
The hon. Lady and the shadow Minister mentioned restraint. The training around restraint is very clear: it points to de-escalation, and the non-use of restraint is the priority. The training is there to provide officers with the skills to use. On pain-inducing techniques and restraint more broadly, as both hon. Members alluded to, the Taylor review has been under way for a while. One hon. Member—I think it was the shadow Minister, but it may have been the hon. Lady—asked when we can expect that review to be published. I will not comment before it is published, but we have said that we anticipate it will be published by the summer. I look forward to being able to do that and respond in due course, if I am still in this post.
Mrs Lewell-Buck
The Minister is being generous with his time. He seemed to indicate that pain-inducing restraint was used only for de-escalation. He will have heard from my opening comments that there is testimony from children saying quite the opposite. This is causing children pain. Has he seen the MMPR? Is he confident that it is not causing children harm? Would he want it used on any of the children he knows?
Edward Argar
The point I was making—forgive me if I was unclear—is that the training given to officers emphasises de-escalation as the key and the first step to be taken. It is only when there is no alternative that there is escalating use of different techniques. However, the hon. Lady made her point very clearly. As I said, I will wait until I have seen the Taylor review and we are able to publish it. I suspect that this issue will return to the Chamber in some form at that point.
A number of right hon. and hon. Members, particularly the shadow Minister, raised removal from association. We are clear that that would not be defined as isolation, not least because there is meaningful human contact with officers, medical professionals and, indeed, education professionals, who throughout any period of removal from association bring learning activities to an individual’s cell and work with them. There is no removal of meaningful human contact for the entirety of that period. There is human contact, but the shadow Minister is right that there is a definitional point to be considered. We discussed legal definitions and their different interpretations at length in the Joint Committee on Human Rights. He understandably elevated his point by saying that although we can argue about definitions, he has concerns about numbers and the operation of removal from association.
The shadow Minister also mentioned the assault rate, the segregation rate and a whole range of other factors. I urge a degree of caution with respect to statistics expressed as numbers per 100. I mentioned in my testimony to the Joint Committee that, as the numbers go down, it is largely only those who have committed very serious, often violent offences who are sentenced to custody. They are a very concentrated cohort. As the shadow Minister alluded to, they are challenging and challenged individuals in terms of their backgrounds and experiences, but they are a much more concentrated group who are much more prone to violent offences than previously. That is a challenge. It does not necessarily negate his point, but I wanted to put a bit of context around the statistics and how they are interpreted.
The shadow Minister mentioned budgets and funding. He is a fair and decent man, so I know he would recognise the role played in the financial situation by the previous Labour Government’s mismanagement of the national finances.
This has been a very important debate. We need to think differently about how we deal with children who offend. We must ensure that we place at the heart of the system the need to break the cycle of reoffending before those young people become adults, and we must understand the trauma they have often experienced, which may well be a driving factor in their offending behaviour. The courts should have available to them a wide range of sentencing options for all those who are at the age of criminal responsibility, to ensure that we adequately address children’s offending behaviour. Sometimes, as a last resort, that may warrant a custodial sentence.
I am clear that the term “under 18” encompasses children at many different stages of development, so a different type of sentence, cognisant of the individual circumstances of the person, will be necessary in each case. However, I am also clear that custody should be available as a sentencing option in only the most serious cases. The youth secure estate requires real reform to ensure that custody, where it is used, is used effectively. I will bear very much in mind the comment by the right hon. Member for Twickenham about remembering my history and where we have been before in seeking to ensure that any future change is meaningful and achieves the results we would all wish for.
Let me conclude by thanking you, Mr Hosie, for your chairmanship. I thank all those who contributed, and I thank the hon. Member for South Shields for bringing this important debate to the Chamber.
Mrs Lewell-Buck
I thank all right hon. and hon. Members who took part in the debate. In the early stages of the Minister’s response, he seemed to suggest that I did not feel there should be consequences for crimes committed. Let me clarify that that is not my position at all. He seemed either not to have heard me or to have misunderstood the points I was making. Just to clarify, I advocated abolishing child imprisonment and putting in its place secure children’s homes, because that option is in keeping with all the knowledge and understanding we now have about children’s development.
It is disappointing that the Minister’s views on restraint and solitary confinement differ so vastly and wildly from the testimonies of children themselves and of those who work in this environment day in, day out. It is safe to say that I am happy that this House has considered abolishing child imprisonment, but I am not happy that we are not moving forward with it. It is something I shall be revisiting with the Minister imminently.
Question put and agreed to.
Resolved,
That this House has considered abolishing child imprisonment.
Oral Answers to Questions
Emma Lewell-Buck Excerpts(5 years ago)
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Edward Argar
I believe that the key to seeing fewer victims of crime is effective rehabilitation of offenders and breaking the cycle of offending. That is exactly what I and the Secretary of State are focused on.
Mrs Emma Lewell-Buck (South Shields) (Lab)
My constituent Kristian Thompson would have been 27 years old today had his life not been taken when he was 19 years old after he was the victim of a one-punch attack. His mam, Maxine, set up the charity One Punch UK. This week is One Punch Awareness Week when many people who have lost loved ones are pleading with the Government to follow Australia and Canada and create a one-punch law imposing a minimum sentence for perpetrators. Why are the Government continuing to resist doing so?
Edward Argar
I am grateful to the hon. Lady and I send my sympathies to Kristian’s family and friends on the terrible events that she has just described. I am very happy to look at what she is proposing, and if she would like to write to me, I will respond as fully as I can.
Oral Answers to Questions
Emma Lewell-Buck Excerpts(5 years, 4 months ago)
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Mrs Emma Lewell-Buck (South Shields) (Lab)
Ofsted’s recent annual report yet again raised its concerns about high levels of violence in children’s secure training centres. The use of pain-inducing restraint techniques in youth prisons and right across the secure estate has been found to carry up to a 60% chance of causing serious injury to children. This is Government-sanctioned abuse of children. When is it going to end?
Edward Argar
As the hon. Lady will be aware, we have commissioned an independent review, which is being led by Charlie Taylor. I look forward to receiving his report in due course.