Prisons and Courts Bill (Fourth sitting)

Holly Lynch Excerpts

Committee Debate: 4th Sitting: House of Commons
Wednesday 29th March 2017 Public Bill Committees

[The Chair]

With this it will be convenient to discuss new clause 6—Testing prisoners blood following assault—

“Testing prisoners blood following assault

‘(1) The Prison Act 1952 is amended as follows.

(2) After section 16B insert—

0 “Power to test prisoners blood

‘(1) If an authorisation is in force for the prison, any prison officer may, at the prison, in accordance with prison rules, require any prisoner who is confined in the prison to provide a sample of blood for the purpose of investigating assaults including spitting and biting, carried out by the prisoner.

(2) If the authorisation so provides, the power conferred by subsection (1) above shall include power—

(a) to require a prisoner to provide a sample of urine, whether instead of or in addition to a sample of blood, and

(b) to require a prisoner to provide a sample of any other description specified in the authorisation, not being an intimate sample, whether instead of or in addition to a sample of blood, a sample of urine or both.

(3) In this section—

“authorisation” means an authorisation by the governor;

“intimate sample” has the same meaning as in Part V of the Police and Criminal Evidence Act 1984;

“prison officer” includes a prisoner custody officer within the meaning of Part IV of the Criminal Justice Act 1991;

“prison rules” means rules under section 47 of this Act”

(4) A person commits an offence if that person fails to comply with requests to provide samples under subsection (2).

(5) A person guilty of an offence falling within subsection (4) shall be liable on summary conviction to—

(a) imprisonment for a period not exceeding 51 weeks,

(b) a fine not exceeding level 5 on the standard scale, or

(c) both.””

This new clause to the Prison Act 1952 gives prison officers the power to require a blood sample where the prisoner is accused of certain assaults.

[Holly Lynch (Halifax) (Lab)]

It is a pleasure to serve under your chairmanship this afternoon, Mr Stringer, and I take this opportunity to put on record my thanks to the outstanding Library and Clerks, who have been incredibly helpful in assisting me in preparing the new clause. I support new clause 6. In the event that a prisoner spits at or bites a prison officer, the new clause would give the prison governor the power to request a blood sample from that prisoner. Refusal to provide a sample would become an offence in and of itself.

The new clause follows similar work that I have been doing with police officers and other emergency service workers, where spitting and biting have been on the rise as a means of assault. Not only is it a horrible act, but spitting blood and saliva at another human being can pose a very real risk of transmitting a range of infectious diseases, some with life-changing or even lethal consequences. Arina Koltsova, a law enforcement officer in the Ukraine, died just last year after contracting tuberculosis from an offender who spat at her while she was trying to arrest him. I have sought practical and proportionate ways to improve the situation for those who face such risks as part of their job.

--- Later in debate ---

[The Chair]

Order. When we have exhausted the debate, we shall vote on clause 22. The vote on new clause 6, if there is one, will happen later in the proceedings.

[Holly Lynch]

I thought that the Minister’s response was constructive, and I am grateful. I want to respond to some of the issues he raised; I hear his concern. The new clause is about an extension of the powers to test, which currently have a focus on drugs, and on identifying them in a prisoner’s system; however, there is a key gap with respect to identifying whether someone has a communicable disease.

As to the intention, I appreciate that the evidence in question could contribute to a case brought against a prisoner for biting or spitting at a prison officer; however, it is about establishing in a timely way whether a prison officer would need to embark on anti-viral treatment. That is our key focus. I entirely agree that prison officers would not be qualified to take blood samples from a prisoner and should not do it; what was done would need to involve NHS-qualified staff.

I understand the Minister’s points about shortcomings in the drafting of the new clause, but I am not entirely satisfied that the measures that he has outlined deal with the issue comprehensively enough; we shall therefore reflect on that before there is an opportunity to vote later in the proceedings.

Question put and agreed to.

Clause 22 accordingly ordered to stand part of the Bill.

Ordered, That further consideration be now adjourned. —(Guy Opperman.)