Prison Safety

John Howell Excerpts

Thursday 15th September 2016 Westminster Hall

[Robert Neill]

Indeed. I was referring to the immediate former prisons Minister with whom the Committee worked. The right hon. Member for Delyn (Mr Hanson) graces us on the Select Committee and we have had the benefit of his input.

Let us be blunt. Prison safety is terrible. Those are not my words, but those of the former Secretary of State, my Friend the right hon. Member for Surrey Heath (Michael Gove), in a prompt and frank response to our inquiry. He is entitled to credit for that.

The difficulty, which the current Minister will recognise and accept, is that prison safety was terrible when our report came out and it has got worse. I have hesitated until now to talk about a crisis in prison safety, but I think we are now at that stage. I say that because on every measure, safety has deteriorated and has continued to do so over a long time. That cannot be regarded as a one-off blip and we see no sign yet, despite considerable Government endeavour and intervention—which I do not dispute—of the situation or the underlying reasons being turned around. The situation has become grave and our report is particularly timely. That is important for two reasons.

First, whatever one’s view about the purpose of prison and how much emphasis we place on rehabilitation on the one hand and retribution or prevention of danger to the public on the other—all legitimate considerations to put in the mix—when the state legitimately takes it upon itself through proper process to incarcerate someone for their wrongs against society, there is an element of punishment in doing that properly, but we also take on board responsibility for ensuring that they are treated not only humanely, but safely. If the state fails in that, it fails in one of its primary obligations.

Secondly, in respect of broader policy, the current Secretary of State, like her predecessor, and the Minister, like his predecessor, are committed to a policy of prison reform. I hope that all of us in Westminster Hall today are committed to a policy of prison reform. The reality is that the less safe the prisons are, the harder it is to achieve reform. If we want real rehabilitation, real change and to reduce reoffending, a raft of interventions in prison is required, which can be properly delivered only if prisons are safe to start with.

[John Howell (Henley) (Con)]

In the context of what my hon. Friend is saying, does he share my disappointment with the Government response? It seems to paraphrase what we said in our report without giving any substance to our recommendations or to what we want to achieve.

[Robert Neill]

I agree. Although the response runs to several pages, the substance is not yet there. As I will say to the Minister in due course, I am glad that the Secretary of State has talked in terms of a prison reform and safety plan. That is good. There is movement on publishing statistics, but what are absent are the matrices that we said are critical to any proper monitoring. There is also a disconnect in the timeframe of those statistics being available and being made available to the House for scrutiny.

Those were important parts of our report—I will develop the point—because, for a number of reasons, many of us are increasingly questioning the sustained ability and capacity of the National Offender Management Service, as currently constituted, to bear down on this issue. Frankly, NOMS needs a continuing light of scrutiny on it and I know the Secretary of State is keen to achieve clear delivery markers against which progress can be measured. She is right to want that and it is disappointing that we have so little detail so far. I will return to that issue in more detail. My hon. Friend is entirely right.

We have seen a period of decline, not just in the view of the House and the Committee, but independently. Report after report from Her Majesty’s Chief Inspector of Prisons, the prisons and probation ombudsman and a raft of criminal justice non-governmental organisations have all spoken of the real difficulties and decline. We have had debates in the House and urgent questions. NOMS has put in place various measures, but the truth is that it does not seem to be delivering on some of the key issues. That is why I say we have reached a crisis point. We need urgent action to identify those difficulties.

My other concern about the Government response is that there is no sense of urgency that, if I may be blunt, we did get from the initial response of the previous Secretary of State, my right hon. Friend the Member for Surrey Heath, in his swift reply to us. I am not insinuating that good will and good intentions have gone away. It is classically said that there are no votes in prison reform, and one of the tasks of a Justice Department is to keep it at the top of the agenda, to make the case publicly and perhaps to challenge some long-entrenched practices. A sense of urgency must be engendered, not least because the deliverability of the whole broader prison agenda depends on getting safety right so that there is a stable environment in which to deliver it.

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[John Howell]

My hon. Friend may recall that at a recent Justice Committee meeting, I asked the Secretary of State how she would deal with the legacy of the previous Secretary of State’s reforms and the actions that he had taken to deal with prison safety. The response that she gave caused the press to argue that she was going back on the commitments that he had made. Does my hon. Friend share that view?

[Robert Neill]

When I was a Minister, I was sometimes portrayed unfairly in the press, so I shall adopt a practical approach: let us see what happens. But I do think it important that we do not, any of us, send any signals that reform is less pressing or less important. Were that to be the case, it would be disappointing and, I think, an error. I am conscious of the clarification that the Secretary of State issued after her appearance before the Justice Committee, and I will take her at her word on that, but we need the measures that we talked about to be brought forward swiftly. If Brexit means Brexit, to adopt a phrase, pace means pace, but pace requires detail in order for there to be credibility in how things are delivered. That is the approach that I take—we want to be constructive and assist the Government on what I think is the right path, provided that it is followed through consistently.

I shall touch on just a few more matters before I finish so that other hon. Members can speak—this is a well-attended debate. First, I have referred to the matrices showing that everything is going in the wrong direction at the moment, such as on assaults, self-harming and deaths in custody. All those figures are going the wrong way. The data are set out well in a report that is readily available in the public domain, so I shall not cite a raft of figures, because I suspect that that would not add a great deal, but the trend is clear.

Secondly, despite genuine efforts by NOMS to recruit staff, the number of new staff coming in is significantly offset by the lack of retention. The problem is that we are very often losing some of the most experienced officers—some of the coolest heads. When there are difficulties to do with safety, such as dangerous situations arising on a wing, one wants to have experienced prison officers around to deal with it.

The fewer there are, the greater the risk that things will escalate rather than being brought back under control, so there is a direct link between retention and safety, which we highlight in our report. That is one thing that the Government need to do more to address. We are not convinced that NOMS has a deep-seated understanding of what causes that lack of retention, why recruitment is increasingly difficult and what underpins both those factors, so we need more flesh on the bones of that.

Let me deal briefly with some other matters. Steps have been taken—again, let us recognise that—on the possession of knives and new psychoactive substances in prison, but I am not sure that we are fully on top of that issue, either, particularly in relation to those new substances. The issue is one of technology: the ability to fly in substances and a raft of other things with drones is enormous.

Of course, that brings us back to the circular issue referred to by my hon. Friend the Member for Cheltenham. If, as we have seen on our visits, people are locked up in their cells for 23 hours a day, and if there are illegal substances in prisons, prisoners’ ability to make use of them is all the greater given their close confinement and the growth of gang culture and peer pressure. The more that people are out of their cells and doing something purposeful, the better it is to combat the misuse of substances. That cannot be done sustainably with the current prison population, which is a very important issue.

The direction is right, but we need to be more vigorous and radical in tackling some of those important issues. That brings me back to a point made by my hon. Friend the Member for Henley (John Howell): we are disappointed about some of the detail in the Government response. We called for the Ministry and NOMS jointly to produce an action plan on prison safety, addressing the underlying factors behind violence, self-harm and suicide. We said that that plan should include preventive and punitive measures, because those two things have to be in the toolbox of any prison governor. We also wanted objectives and indices. The Secretary of State is right to commit to a prison safety and reform plan—that is good—but it is the missing detail that people need to see urgently.

We asked for quarterly reports on progress on the plan, rather than the six-monthly reports suggested in the Government response, not as a matter of caprice but because we wanted the reports to coincide with the publication of the quarterly safety in custody statistics. Otherwise, frankly, they are pretty meaningless. The whole point of transparency and scrutiny is to have the two sets of figures together so that we can compare and contrast. That is why I urge the Government to rethink their response on that matter. The information is collated, and there is no doubt that it is available—I am sure it is available to Ministers on a regular basis. There is no practical reason at all why it cannot be made available in the way we suggest in our report. It is not an expensive or a difficult ask, in other words.

We are also looking for specific information on incidents of disorder in prisons, including the deployment of the national tactical response group; a more comprehensive set of data about staffing; and performance ratings for individual prisons. We do not know yet whether the previous Secretary of State’s league table initiative will continue, but certainly we want performance ratings for prisons. I accept that it is not always easy to make complete comparisons, but on safety it is, actually. We can compare data on safety even if we cannot do so for rehabilitation in a particular prison, so there is no reason why those data cannot be available.

The same goes for data on the average number of hours each day that prisoners spend locked in their cells—I stress that in particular. I mentioned this earlier, but the amount of time that people spend locked up is entirely linked to safety levels. Boredom, the abuse of substances, the internet and a raft of other things, and the peer pressure of groups of people locked up together in a confined space for long periods all contribute directly to a deteriorating safety environment.

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[John Howell (Henley) (Con)]

It is a pleasure to serve under your chairmanship, Mr Stringer.

At this stage in the proceedings, there is perhaps little that one can say that has not already been said, particularly by my hon. Friend the Member for Bromley and Chislehurst (Robert Neill), the Chairman of the Justice Committee. However, I will add my comments to the excellent work that my hon. Friend does in that capacity.

I was also a member of the previous Justice Committee and I say that for a number of reasons. It is not simply because Ministers come and go, whereas we members of the Justice Committee continue examining these issues, which we inherited and which we return to, time and again. I also say it because in the report that we produced at the end of the last Parliament—“Prisons: planning and policies”—we examined safety issues. Indeed, I disagree with my hon. Friend the Member for Banbury (Victoria Prentis), as I think the Government and the National Offender Management Service completely underplayed the deterioration of safety in the prison system.

However, that situation was partially improved—indeed, it became a much better situation—by the previous Secretary of State, my right hon. Friend the Member for Surrey Heath (Michael Gove), who focused on the issue of safety and admitted that our prisons were in a serious crisis. All the speakers today have acknowledged that. Also, a common theme has emerged throughout this debate and it is about the Government response to our report. I will come to that shortly.

Other speakers have already asked whether we have a higher or different prisoner population, compared with the low staffing numbers that we have in prison. Nevertheless, the point that we made in one of the Justice Committee reports—namely, that those factors had been there all along—means that they are not the answer to the problem and none of them is the overriding factor that determines that the situation is as bad as it is. We have to consider other reasons why the situation is so bad.

If we consider what action has been taken so far, we see that it has principally been around legislative change, without much emphasis on implementation of legislation. It is very easy for us as legislators to introduce legislative change and then just believe that the job has been done, whereas the real job comes in ensuring that any new legislation is implemented.

One issue that the right hon. Member for Delyn (Mr Hanson) raised—fortunately, he did not amplify it, because that means that I can amplify it now—was mental health needs, which fully illustrates this point. It is not operational action that is required to deal with mental health needs, particularly the prevention of suicide; the needs in question go beyond the drugs that are available to treat them, whether those are traditional drugs or new psychoactive drugs. Indeed, the prisons and probation ombudsman, Nigel Newcomen, has said:

“It remains the case that I am frequently obliged to repeat recommendations and lessons and it can be depressing how little traction we appear to have on occasions”.

That statement applies not only to the issue of mental health but to the whole of prison safety. As a Committee, we ourselves have frequently issued “recommendations and lessons”, but there is “little traction” to them and they are rarely taken up. Nevertheless, the mental health needs of the prison population must be taken very seriously. The big area of untapped resource, if you like, is being able to deal with those needs.

Since we are also considering the issue of self-inflicted deaths, I will comment on the Government reaction to the Harris review, which I also found to be a disappointment—indeed, Lord Harris himself found it to be a disappointment. It is a disappointment because the Government have not sought to take into account a number of the recommendations that Lord Harris made and so the issues involved have not been addressed. At a recent session that our Committee had with the Secretary of State for Justice, I asked her whether she was aware of Lord Harris’s report or had talked to him. She was aware of the report; I do not think that she had talked to him at that point, but she needs to do so.

[Valerie Vaz in the Chair]



Let me re-echo the point that others have made by saying that I found the Government response to our report flimsy; it was no more than a holding reply. There was a lot of talk about monitoring and some operational improvements; there was the use of what I would call the bogus figure of a net increase of 300 officers, which disguised the reduction in officers; and there was also the hint that we were building five new prisons. I ask the Minister who is here today to comment on those five new prisons and the progress being made on them, to say when we are likely to see them come into operation and to explain how they will improve prison safety.

[Philip Davies]

It is a pleasure to see you in the Chair, Ms Vaz.

I agree with my hon. Friend that the Government response to the Committee’s report was thin and “flimsy”; it would be impossible for anyone to disagree with that assessment, really. However, is he being slightly harsh on our ministerial colleagues, given that the Minister who is here today and the Secretary of State have only just taken up their new positions? Perhaps we should give them some opportunity at least to examine these matters themselves before they rush to a conclusion on the Committee’s report. Perhaps we should just give them a bit of time to get their feet under the table and give these issues serious consideration themselves.

[John Howell]

I thank my hon. Friend for those comments, but I take a different view. We are still the same Conservative Government who were elected to deal with these issues. Whether it is a new Secretary of State or an old one, the issues are the same. A list of actions was put in place to deal with the issues. I cannot understand why a series of new Ministers want to take the time to throw all those things up in the air and start again. That is precisely what I meant by saying that the Committee has the longevity with these issues to see their continuity on the ground. I do not think I am being too harsh. I bear no grudge against the Minister; I appreciate that he is new to his job, but there are some things that should be continued, and we should be able to pick them up.

One thing that I stress is the changes proposed to the role of prison governor, since those could be introduced pretty quickly. There is a lot in the Government response about empowering prison governors. Can the Minister provide more information on that? I do not mean the detail of how we will empower prison governors or the detail of exactly what powers will be transferred. We should be looking for broader areas of principle to be set out and discussed with the Committee, to show where those are going to go, because governors feel completely left out.

As a Committee, we have come across that issue quite a lot in our visits to various prisons. They see themselves as bit managers of a whole range of different resources that are brought in to their prisons. That situation does not help them get control of their prisons or prison safety. I would like some information about how the role of prison governors will be defined and circumscribed. It will need to be circumscribed, but in the definition we will get the detail of what the Government want for that. What will the nature of the measures be to hold prison governors to account? That is the other side of the question. I do not yet want the specifics of how that will work, but in what areas will that work and how will it continue?

Finally, I want to comment on the action plan. We need considerably more flesh on the bones. That expression has been used by many speakers in this debate. I repeat what I said in an intervention: when we had a meeting with the Secretary of State, I asked how she would take forward the previous Secretary of State’s plans. Her response caused the press to argue that we were going back on our commitment.

I fully accept what my hon. Friend the Member for Bromley and Chislehurst has said about the role of the press, but there is an issue here, and there was no need to put the whole thing into reverse and suggest that we were going backwards on this matter. As the Minister said, dealing with this issue remains a high priority for Government. I am happy to wait to see the detail of the action plan and how it will control safety, but I would like some more information about whether it will move beyond the legislative and the obvious to empower prison officers to take action and get to grips with a major problem in our prisons.

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[The Parliamentary Under-Secretary of State for Justice (Mr Sam Gyimah)]

It is a pleasure to serve under your chairmanship, Ms Vaz. I congratulate the Chairman of the Justice Committee¸ my hon. Friend the Member for Bromley and Chislehurst (Robert Neill), on securing this important and necessary debate.

I am grateful for the opportunity to respond to the debate, although I am filled with slight trepidation, given the number of lawyers in the Chamber, who clearly know the criminal justice system inside out. We also have two former prisons Ministers, no less. My hon. Friend the Member for South West Bedfordshire (Andrew Selous), whom I observed closely, showed a great deal of passion and dedication to the job. His shoes will be difficult for me to fill—both literally and metaphorically.

[John Howell]

I would like to reassure the Minister that I am not a lawyer either, so I fully share his concerns.

[Mr Gyimah]

It is encouraging to know I am not the only minority here.

The comments made by the hon. Member for Shipley (Philip Davies) were music to my ears—I am referring not to his comments about early release and so on, but to his recognition that the new ministerial team is in transition. It is worth stating up front that it is eight and a half weeks since the new ministerial team came to post, and in two or three months’ time we will be having a very different debate. We are committed to coming forward with a new plan, and I am confident that its contents will be as strong, if not stronger, than the Select Committee expects on the issues that have been outlined.

I would go as far as to say that the Secretary of State should be commended for not doing what is very easy to do in a new job: seek a couple of headline-grabbing announcements that are not based on evidence. The Secretary of State is determined to look at the evidence and come up with a plan that addresses the need for safety in our prisons and also focuses on reform.