Funeral Expenses (Prisoners)

Jeremy Wright Excerpts

Thursday 30th January 2014 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)]

I congratulate the hon. Member for Rutherglen and Hamilton West (Tom Greatrex) on securing this debate, and I thank him for giving my officials notice of the details of the case.

I first want to acknowledge that the death of a relative in prison must be devastating for the families and friends of the deceased. Their loss must of course be harder to bear given where the death occurred. I particularly offer my regret to the hon. Gentleman and to his constituent for any additional distress caused in relation to the provision of financial assistance to help to meet the funeral costs.

The hon. Gentleman quite properly asks me to clarify the position. Let me try to do so by setting out the position in relation to funeral expenses as they apply in England and Wales and, as far as I can, in Scotland. I also want to take this opportunity to express regret for the way in which the case appears to have been handled. It is unfortunate that his constituent has not been given clear information, so let me try to set that right by giving it now.

The hon. Gentleman will be aware that although convicted and sentenced in England, Mr Campbell had transferred to a prison in Scotland, and it was there that he died. He will know that prisons in Scotland are a matter for the Scottish Government, and I am not therefore able to comment in detail on the support available to families in Scotland, which is a matter for the Scottish Justice Minister.

The hon. Gentleman will know that if a prisoner dies in custody in England or Wales, the governor or director of the prison in which the death occurs can offer a financial contribution to cover reasonable funeral expenses. It is reasonable and decent to do so in those circumstances, but the offer is not unlimited. A financial contribution will be offered only if the deceased prisoner did not have a pre-paid funeral plan. Families may also be entitled to claim a grant from another Department, such as the Department for Work and Pensions, or from a local authority. An offer of a contribution of up to £3,000 may be made to the family, and if they accept it, the money is paid directly to the funeral director they appoint and may be used to pay for any funeral director’s fees, a hearse, a simple coffin, and cremation or burial fees. It cannot to be used to pay for items such as a headstone, transportation for mourners or a wake.

As I have said, Mr Campbell died in a Scottish prison, as the hon. Gentleman knows. Although Mr Campbell was convicted and sentenced in England and Wales, he had elected to transfer to Scotland to be close to his family and friends there, and he had been in a Scottish prison since 2002. I understand that the nature of his transfer may have caused confusion about who was responsible for assisting the family with the funeral expenses.

There should not have been any confusion in this case; that there was is a matter of regret. As the deceased died in the custody of the Scottish Prison Service, the Scottish arrangements apply. I understand that the Scottish Prison Service does not make discretionary payments towards funeral expenses. That, of course, is a matter for the service, and the hon. Gentleman might wish to take it up with the Scottish Justice Minister. However, I understand that the deceased’s family may be able to make an application in Scotland to the social fund for help with funeral expenses. As the Minister responsible for prisons in England and Wales, I cannot comment further on those arrangements or on whether a payment would or could be made to his constituents.

The hon. Gentleman rightly indicated that Mr Campbell was convicted and sentenced in England and Wales and then transferred to Scotland on a restricted basis. It may help if I explain what that means in practice. The transfer of prisoners between United Kingdom jurisdictions is governed by schedule 1 to the Crime (Sentences) Act 1997, which was intended to enable prisoners sentenced in one UK jurisdiction to transfer to another to serve their sentence close to their family and in the community into which they will be released.

The Act provides for transfer on either an unrestricted or a restricted basis. When a prisoner is transferred on a restricted basis, as in Mr Campbell’s case, responsibility for their release, supervision and recall remains the responsibility of the sentencing jurisdiction. However, for all other purposes the prisoner is subject to the rules and regulations governing prisons and prisoners in the receiving jurisdiction. That position was confirmed on 28 October 1997 when the then Home Secretary, the right hon. Member for Blackburn (Mr Straw), set out in a written answer to a question from the right hon. Member for Salford and Eccles (Hazel Blears) how the new transfer arrangements would work. He said:

“A prisoner granted a restricted transfer will automatically remain, for the duration of his or her transfer, subject to the law governing release on licence, automatic release, post-release supervision and recall applicable in the sending jurisdiction…A prisoner transferred on a restricted basis will normally become subject for all purposes, other than those specified in any conditions attached to the transfer, to the statutory and other provisions applying to prisoners in the receiving jurisdiction.”—[Official Report, 28 October 1997; Vol. 299, c. 777.]

Although Mr Campbell’s release arrangements remained subject to English law, he was for all other purposes a Scottish prisoner. As such, any support to the deceased’s family, financial or otherwise, is a matter for the Scottish authorities. I hope that the hon. Gentleman will accept that and recognise that I am not trying to pass the buck. I understand that he has received differing advice on the issue from officials in England and Wales and in Scotland, but I can confirm that the position that I have described is accepted by both Prison Services.

I am satisfied that the family of the deceased in this case do not qualify for financial assistance under the rules applicable in England and Wales. I know that the hon. Gentleman will wish to take the matter up with the Scottish authorities and discuss it directly with them.

Question put and agreed to.