Oral Answers to Questions

Graham P Jones Excerpts

Tuesday 8th December 2015 Commons Chamber

[Mike Penning]

Naturally I cannot give a commitment on any individual case, but I would like to meet the hon. Gentleman’s constituent if possible to make sure that we can help her and her close family as much as possible. It is imperative that where victims feel that they want to, and that they have the courage to do so, their statements are taken into account by the Parole Board.

[Graham Jones (Hyndburn) (Lab)]

The victims can sometimes be the wider community. When are the wider community going to get a say on parole hearings— for instance, on violent crimes that might afflict a whole community? When are the community going to get a say alongside pre-sentence reports on some of these individuals, so that they are represented and their voice is heard regarding the criminal actions of those individuals and the impact they have on a wider number of people?

[Mike Penning]

The hon. Gentleman raises a very important point. We have to be really careful, though, that we do not take away from the individual victims the feeling that they are part of the process, which is something that all Governments have tried to address for many years. We are committed to doing that. We also have to be really careful that we do not create a vigilante situation, but I understand the hon. Gentleman’s point. We have to make sure that the criminal justice system works for everybody.

--- Later in debate ---

[Mr Vara]

I have met my hon. Friend and debated this matter with him, and I can assure him that we are giving serious consideration to all the information that he and his colleagues have given us regarding his local court.

[Graham Jones (Hyndburn) (Lab)]

T9. Has the Minister read the recent “Locked out” report from Barnardo’s, which claims that changes to the incentives and earned privileges scheme mean that a child’s right to see their father is being withheld in order to enforce discipline? Does he think that this is good for the 200,000 children who have a parent in jail?

[Andrew Selous]

I am grateful to the hon. Gentleman for raising this issue. I have met representatives of Barnardo’s on a number of occasions, and I pay tribute to the work that they do in this area. The Secretary of State and I place the highest importance on maintaining the family links of prisoners, and we will continue to look at this policy and at all policies that affect strengthening prisoners’ family relationships.

Police Funding Formula

Graham P Jones Excerpts

Monday 9th November 2015 Commons Chamber

[Mike Penning]

I think that, now we have made this decision, we need to sit down and talk to the police authorities, the police commissioners and the police themselves, but it was clear to the Home Secretary and me that we needed to pause so that we could get it right. Surely that is the important thing.

[Graham Jones (Hyndburn) (Lab)]

Is the Minister aware of the amount of time and effort that was wasted in Lancashire over the summer in pursuing this matter and trying to get to the bottom of the funding formula? Lancashire was due to lose £24.9 million, a huge amount, which would make it the biggest loser in percentage terms. Is not the reason for this shambles the Minister’s failure to supply the funding formula to the police and crime commissioners—so that they could dissect it and we could debate it—until only a few weeks ago?

Oral Answers to Questions

Graham P Jones Excerpts

Tuesday 9th September 2014 Commons Chamber

[Andrew Selous]

I am extremely grateful to my hon. Friend for bringing a bit of balance to our discussions on HMP Northumberland. I thank him for what he has said. Of course, there are some pressures in our prisons, but prison officers are doing magnificent work every day. Frankly, it is time that was recognised and celebrated.

[Graham Jones (Hyndburn) (Lab)]

6. What estimate he has made of the number of offenders given a non-custodial sentence in the past three years who had more than 100 previous convictions.

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

There are far too many people in that situation. I am clear that there must be tough penalties for serious or repeat offences. More people are going to prison and for longer under this Government. The basis of the hon. Gentleman’s question is precisely why I am taking steps in the Criminal Justice and Courts Bill to ensure that we toughen up the system of cautions so that they are no longer available for serious or repeat crimes. We have also taken steps to ensure that all community penalties contain a punitive element.

[Graham Jones]

I thank the Secretary of State for that answer, but I am sure that Members throughout the House and the public outside will be deeply concerned that in 2013 more than 1,000 people were given a non-custodial sentence despite having 100 previous convictions, while 30,000 offenders were given a non-custodial sentence despite having committed 30 or more previous offences. Should not more consideration be given to residents, particularly in deprived neighbourhoods, who have to put up with persistent and repeat offenders in their communities?

[Chris Grayling]

I completely agree with the hon. Gentleman. That is why we have brought forward a number of the measures in the Criminal Justice and Courts Bill, which is now in the other place. I hope that it will reach the statute book by the end of the year, and that it will deliver much-needed change.

Oral Answers to Questions

Graham P Jones Excerpts

Tuesday 5th February 2013 Commons Chamber

[Damian Green]

I absolutely share my hon. Friend’s high regard for magistrates both in Kettering and around the country. They are indeed volunteers who do a very good job. I am aware of the Magistrates Association’s proposals and the costings and savings that have been suggested. Those proposals bear scrutiny, because there will be second-order effects such as potentially more people in prison and more defendants electing to have a Crown court trial. As I said, the main thing to do is to ensure that people do not reoffend, which is why we have concentrated on extending supervision to short-sentence offenders.

[Graham Jones (Hyndburn) (Lab)]

Does the Minister accept that that puts pressure on jury service? A constituent of mine—an elderly 69-year-old lady who is not ill but slightly infirm—has been asked to do her third stint of jury service, and she has to take three buses to get to court. Is there anything the Minister can do about pensioners who have been asked numerous times to do jury service, are not capable of doing it, and do not want to do it?

[Damian Green]

I am slightly confused about why the hon. Gentleman is asking that question in relation to magistrates courts, which do not have juries. As the question tabled by my hon. Friend the Member for Kettering (Mr Hollobone) might well have the effect of more cases being heard in Crown courts, there would be more demand for juries. Jurors such as the constituent of the hon. Member for Hyndburn (Graham Jones) would be more in demand, so I am not entirely sure that his question is in accordance with the original question.

Prisons (Property) Bill

Graham P Jones Excerpts

Friday 30th November 2012 Commons Chamber

[Stuart Andrew]

I beg to move, That the Bill be now read the Third time.

The process of getting the Bill through Parliament has been a steep learning curve for me, but a most enjoyable one too. I am grateful for the cross-party support that we have had. There have been many contributions during the Bill’s passage through the House which have helped us to scrutinise the detail of it. Although it is a small and, as I said earlier, simple Bill, it is important that we get it right.

Prior to 2009 unauthorised items which may have presented a threat to prison security, such as mobile phones, were seized from prisoners and destroyed, in reliance on powers contained in the Prison Rules 1999. However, in 2009 the administrative court held that governors have no authority to do that. We are now in the bizarre situation where unauthorised property can be taken from prisoners but cannot be destroyed. Instead, it must be stored until they leave prison and can claim it. Some 40,000 mobile phones are now being stored by the Prison Service, at great cost—£20,000 is spent every year to store items that prisoners know they should never have had in the first place—which is terrible.

It really is odd that we have had to introduce this Bill, but it is absolutely necessary that we do so, because the effects that possession of a mobile phone in prison can have are quite stark, as I mentioned on Second Reading. It is important to refer to a number of cases in which mobile phones have been used either to perpetrate further crime or to intimidate victims and witnesses. On Second Reading I mentioned the case of Andrew Wanogho, who was shot dead on a London street in the early hours of April 2006. Delphon Nicholas seemed to have a cast-iron alibi because he was on remand in Belmarsh prison at the time, but that did not prevent him from co-ordinating the murder by using a smuggled mobile phone.

In 2007 Ryan Lloyd was jailed for life for the murder of Liam Smith, who was shot dead outside a prison in Liverpool in 2006. Lloyd had used a contraband mobile phone to call an accomplice. In 2009 a gang leader, Nigel Ramsey, was jailed for organising from his cell in Humberside the murder of a 17-year-old. The fact is that prisoners can use mobile phones not only for social purposes but to organise crime.

Mobile phones can be used to sell drugs. When Jordan Moore found himself behind bars, he soon realised that he had a captive market of addicts and quickly worked out a way to take control and cash in on them. He used his mobile phone to operate a business from his prison cell by arranging for drugs to be thrown over the prison walls, which we heard about a moment ago.

Violent criminals, including murderers, have also been using Facebook to taunt victims and their families from behind bars. Other prisoners have maintained their criminal empires via social networking sites. Inmates are of course banned from accessing the internet, but they manage to get online by using mobile phones that have been smuggled into prisons. As my hon. Friend the Member for Bury North (Mr Nuttall) rightly pointed out, mobile phones are so much more that just phones these days; they are mini computers. Prisoners can access all the social networks out there and communicate to the wider world. In fact, in the past two years nearly 350 prisoners have been discovered posting messages on Facebook. It is likely that dozens of others are using the site without the authorities being aware of it. Javed Khan, the chief executive of Victim Support, has said:

“Offenders using Facebook from prison make a mockery of the idea that they are being punished. It adds insult to injury when they use it to intimidate victims and witnesses. Victim Support would like to see this more tightly controlled and monitored.”

I hope that the Bill will at least make that organisation happy.

Ministry of Justice figures released after a freedom of information request show that 143 Facebook profiles were removed between July 2009 and June 2010 and another 199 were removed between July 2010 and June last year. They were all closed by Facebook following investigations by prison officials. The bizarre thing is that these mobile phones will simply be taken off prisoners and stored, when frankly they should be destroyed. Statistics compiled by the National Offender Management Service show that between February 2009 and January 2010 the authorities found over 4,000 mobiles and 4,300 SIM cards in prison in England and Wales.

As well as using mobile phones themselves, many inmates charge others to use them at extortionate rates. It is a lucrative business.

[Graham Jones (Hyndburn) (Lab)]

The hon. Gentleman suggests that the phones should be destroyed. Does he think that they should be interrogated before they are destroyed, and is that addressed in his Bill?

[Stuart Andrew]

I am grateful to the hon. Gentleman for that intervention. Funnily enough, we have just had this discussion. The Minister has confirmed the position, and I believe that she is going to write to my hon. Friend the Member for Bury North about the processes involved. Yes, the phones are checked for any information that might lead to any criminal convictions or be of any other use.

[Graham Jones]

Will that action be retrospective on the 40,000 phones that are currently held or will it apply only to those that are confiscated once the Bill is passed?

[Stuart Andrew]

I am pretty sure that that is absolutely correct, but I am looking to my hon. Friend the Minister for clarification; perhaps she can give a more definitive answer.

Most mobile phones now have cameras, and these have been used to take photographs of prison officers so that those on the outside can target and intimidate them. That is clearly unacceptable in this day and age.

The taunting of victims from prison is also unacceptable. We all heard about the tragedy of the killing of 16-year-old Ben Kinsella. One of his killers, Jade Braithwaite, used Facebook to taunt the victim’s family from behind bars, boasting that he was “down but not out.” For his profile picture he mocked up a T-shirt emblazoned with his face and the slogan “Free Jade Braithwaite”. It is horrible for the families to be taunted in this way.

I have had a personal experience of this through a dear constituent of mine, Lorraine Fraser. Four of the people who killed her 16-year-old son are in prison, but one of them escaped to Pakistan and has been taunting her via Facebook. I know the impact that that has. It is bad enough that she knows he is on the run in Pakistan, with the torment that that causes her, so imagine what it must be like to know that the person is in prison and able to taunt the family in this way. It is simply unacceptable.

There have been ridiculous examples where people boast about the criminal activities that they are taking part in while in prison. David Wibberley was an inmate who used his mobile phone, which had been illegally smuggled in, to boast on Facebook of smoking cannabis in prison. He posted updates on the social networking site from a prison in Cumbria, where he is serving time for the possession of the class B drug. In the posts that could easily be seen online, he boasted about “chilling” in his “pad”, “skinning up” cannabis joints and being stoned or, as he called it, “whiffed out me ’ed”. Such examples are totally unacceptable. That is why it is imperative that we do everything that we can to help those who work in the prison system.

Prison officers often report that the inmates know their rights. When officers confiscate unauthorised items, there is nothing more frustrating than the prisoners demanding that they be stored for them until their release. That is why the Prison Officers Association was very keen to support the Bill. I have received a message of support from it. I have also received messages of support from support groups for victims and their families, because they find it unbelievable that this anomaly exists. That is why I believe that the Bill is crucial.

I am grateful to Members from all parts of the House for the support that they have given the Bill so far.

Oral Answers to Questions

Graham P Jones Excerpts

Tuesday 29th March 2011 Commons Chamber

[Mr Speaker]

Order. I am extremely grateful to the Minister, but we must move on. I am afraid that these answers are rather long and they need to get a bit shorter.

[Graham Jones (Hyndburn) (Lab)]

5. What level of resources his Department plans to provide to the Prison Service in 2011-12; and if he will make a statement.

[The Parliamentary Under-Secretary of State for Justice (Mr Crispin Blunt)]

The resource budget for the National Offender Management Service for 2011-12 is £3.679 billion, £2.181 billion of which relates directly to expenditure incurred in prisons.

[Graham Jones]

If, as the Secretary of State predicted in The Daily Telegraph on 11 February, crime increases under his Government, will he reverse his prison closure policy and undo the scaling back of the prison building programme? If not, what will he do with the criminals?

[Mr Blunt]

I am not entirely sure that my right hon. and learned Friend’s comments bear that interpretation, but what we have to do in the Ministry of Justice is ensure that we successfully imprison those people sentenced to prison by the courts and not get ourselves into the state of affairs that occurred under the previous Administration, whereby people had to be let out early because they had run out of space.