Asked by: John Howell (Conservative - Henley)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the implications for his policies of the debate on UK reform of its human rights legislation at the Parliamentary Assembly of the Council of Europe on 21 June 2023.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
The Government has noted the debate and resolution of the Parliamentary Assembly on legislation currently before this Parliament. The Government is committed to the promotion and protection of human rights, democracy, and the rule of law. We will always make sure that our laws work in the best interests of the UK.
Having carefully considered the Government’s legislative programme in the round, we have decided not to proceed with the Bill of Rights Bill. The Government remains committed to a human rights framework that is up to date and fit for purpose and works for the British people.
Asked by: John Howell (Conservative - Henley)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the implications for his policies of the debate on Implementation of judgements of the European Court of Human Rights, which took place at the Parliamentary Assembly of the Council of Europe on 26 April 2023.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
The UK is committed to fulfilling its international human rights obligations. This includes the obligation to implement judgments of the European Court of Human Rights against the UK. Currently, only 14 judgments against the UK are still under the supervision of the Committee of Ministers. This is lower than almost all member States with similar population size. At the end of 2022, outstanding judgments and decisions against the UK made up only 0.23% of the total [14 out of 6,112]. We support the Council of Europe’s work to improve the effectiveness of the tools available to the Committee of Ministers in the supervision of the execution of judgments.
Asked by: John Howell (Conservative - Henley)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the implications for his policies of the debate on European Convention on Human Rights and national constitutions, which took place at the Parliamentary Assembly of the Council of Europe on 25 April 2023.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
The Government has noted with interest the debate on the European Convention on Human Rights and national constitutions, and the associated report by the Assembly’s Committee on Legal Affairs and Human Rights which recognises “the UK having the lowest number of ECtHR applications (and indeed admissible applications), per capita, of Council of Europe member States.
The Government has also noted the discussion in the Committee’s report of legislation currently before this Parliament. The United Kingdom is committed to the promotion and protection of human rights, democracy and the rule of law. We will always make sure that our laws work in the best interests of the UK.
Asked by: John Howell (Conservative - Henley)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, pursuant to the answer of 14 July 2022 to question 33745 on Prisons, if he will take steps to ensure that the Prison Group Director gives effect to the standard set by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment that all prisoners in multi-occupancy cells are afforded a minimum of four square metres of living space.
Answered by Stuart Andrew - Parliamentary Under Secretary of State (Department for Culture, Media and Sport)
New prison accommodation being delivered under the Government’s prison expansion programme, including at the recently opened HMP Five Wells, will meet the standard set by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, that all prisoners in multi-occupancy cells are afforded a minimum of four square metres of living space.
Some cells in older prisons - Victorian prisons, for example – may fall short of these recommended minimum standards. In such cases, other alleviating factors are found. These factors include in particular the fact that prisoners are able to spend a considerable amount of time each day outside their cells (in workshops, classes or other activities).
On 22 April 2022, HMPPS published a revised framework for the certification of prisoner accommodation. Cells are only shared where a Prison Group Director has assessed them to be decent and of an adequate size and condition. In addition, they must have adequate lighting, heating, ventilation and fittings, have 24-hour access to water and sanitation, and allow prisoners to communicate at any time with a prison officer. These standards ensure that prisoners are accommodated safely even when two prisoners are held in a cell (originally designed for one).
Asked by: John Howell (Conservative - Henley)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, pursuant to the answer of 14 July 2022 to question 33745 on Prisons, if he will take steps to ensure that all prisoners in England and Wales are afforded a minimum of at least one hour of outdoor exercise each day in compliance with the (a) United Nations Standard Minimum Rules for the Treatment of Prisoners, (b) European Prison Rules and (c) the standards of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.
Answered by Stuart Andrew - Parliamentary Under Secretary of State (Department for Culture, Media and Sport)
HMPPS recognises the importance to prisoners of outdoor exercise and spending time in the open air. Subject to weather conditions and the need to maintain good order and discipline, current policy provides for all prisoners to be afforded a minimum of 30 minutes in the open air daily. Governors strive to deliver above the minimum 30 minutes requirement where operationally possible, which means that many prisoners may regularly benefit from a greater amount of time in the open air, including through participation in activities/physical education and exercise. There are no immediate plans to review the policy.
Asked by: John Howell (Conservative - Henley)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to the report entitled Report to the United Kingdom Government on the periodic visit to the United Kingdom carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 8 to 21 June 2021, published on 7 July 2022, and the Government's response to that report, published on 7 July 2022, if he will take steps to reduce overcrowding in the prison estate by implementing changes to sentencing (a) policies and (b) other practices.
Answered by Stuart Andrew - Parliamentary Under Secretary of State (Department for Culture, Media and Sport)
The Government is committed to a sentencing framework that takes account of the true nature of crimes and targets specific groups of offenders accordingly. This means that serious criminals must spend time in prison that reflects the gravity of their crimes, whilst we also look to divert offenders away from a life of crime and support them to rehabilitate.
The Police, Crime, Sentencing and Courts Act introduced targeted interventions for the most serious and most dangerous offenders, and those of most public concern. This includes those who commit the premeditated murder of a child, for example. These are serious crimes, and we must ensure that offenders are receiving appropriate punishments so that victims are protected for longer and the public can have confidence in the system.
This government has made tangible progress in tackling the £18 billion cost of reoffending and protecting the public. Data shows that over the last 10 years, reoffending rates have decreased from 30.9% in 2009/10 to 25.6% in 2019/2020. To continue this progress, we will invest £200m a year by 2024-25 to improve prison leavers’ access to accommodation, employment support and substance misuse treatment. This includes delivering a Prisoner Education Service which raises the level of the numeracy, literacy, skills and qualifications of offenders and delivering a presumption in favour of offering offenders the chance to work in prisons and on release.
Alongside delivering 20,000 additional prison places by the middle of this decade, we are also continuing to invest in critical maintenance projects to ensure as much capacity as possible is kept online. This will have a positive impact on lowering the proportion of crowding within the prison estate.
Asked by: John Howell (Conservative - Henley)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to the report entitled Report to the United Kingdom Government on the periodic visit to the United Kingdom carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 8 to 21 June 2021, published on 7 July 2022, and the Government's response to that report, published on 7 July 2022, if he will make it his policy to adopt the automatic publication procedure in respect of all future (a) reports by the CPT on the UK and (b) Government responses.
Answered by Sarah Dines
The UK welcomes the visits and reports of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT). The UK Government promotes a general policy of transparency by having a default position of authorising the publication of the visit reports and the UK responses, and encouraging other Member States to do likewise.
The UK Permanent Representative to the Council of Europe has in the past intervened in the Committee of Ministers, calling on Member States to agree to the publication of all CPT reports. Although there are no immediate plans to adopt the automatic publication procedure, we shall continue to take the approach of authorising the publication of the CPT visit reports and the government responses.
Asked by: John Howell (Conservative - Henley)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to the Report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, Periodic visit to the United Kingdom carried out by the CPT from 8 to 21 June 2021 and the Government response, what steps he will take to help reduce the length of time that prisoners in England and Wales diagnosed with a serious mental illness and who have already been assessed as requiring treatment in a psychiatric hospital remain in prison before being transferred.
Answered by Stuart Andrew - Parliamentary Under Secretary of State (Department for Culture, Media and Sport)
The Ministry of Justice is committed to working with health partners to improve the timeliness of transfers from prison to hospital under the Mental Health Act. As stated in the Government’s response to the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment’s report, we recognise that in some cases this currently takes far too long.
That is why last month the Government published a draft Mental Health Bill which introduces a new statutory time limit of 28-days for transfers from prisons to hospital. This time limit, together with operational improvements, will help reduce unnecessary delays and ensure people in the criminal justice system receive swift access to treatment.
The draft Bill will also end the use of prison as a ‘place of safety’. This will end the practice of courts diverting offenders or defendants requiring assessment and treatment in an inpatient setting to prison when there are no hospital beds available, ensuring vulnerable offenders are able to access the right support in the right environment.
The draft Bill will now be subject to pre-legislative scrutiny.
Asked by: John Howell (Conservative - Henley)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to the Report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, Periodic visit to the United Kingdom carried out by the CPT from 8 to 21 June 2021 and the Government response, if he will take steps to ensure that (a) all prisoners can benefit from at least one hour of outdoor exercise per day and (b) cells in all prisons in England and Wales measuring less than 8 m² excluding the space taken by the in-cell sanitary annexe are only used for single-occupancy.
Answered by Stuart Andrew - Parliamentary Under Secretary of State (Department for Culture, Media and Sport)
HMPPS is committed to promoting prisoner welfare and wellbeing. This is ensured through a number of procedures and mandatory policies.
In relation to Time in the Open Air, subject to weather conditions and the need to maintain good order and discipline, all prisoners are afforded a minimum of 30 minutes in the open air daily. However, many prisoners may regularly benefit from more, including through participation in activities.
Prison cell occupancy in prisons in England and Wales is certified by the Prison Group Director (PGD) in accordance with the Certified Prisoner Accommodation Framework, which provides guidelines for determining cell capacities. Cells are only shared where a PGD has assessed them to be of an adequate size and condition.
Asked by: John Howell (Conservative - Henley)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to the Report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, Periodic visit to the United Kingdom carried out by the CPT from 8 to 21 June 2021 and the Government response, when his Department last reviewed the capacity of (a) each prison and (b) the prison estate overall in England and Wales.
Answered by Stuart Andrew - Parliamentary Under Secretary of State (Department for Culture, Media and Sport)
The capacity of each prison and the overall capacity of the prison estate is reviewed on a weekly basis to ensure there are sufficient places for all offenders. Prison numbers can fluctuate, which is why we have a robust set of plans in place to ensure we will always have enough places for offenders sent to custody by the courts.
We are committed to building as many prison places as we need. Over the next ten years, additional capacity will come in to use through new build prison accommodation, existing accommodation returning to use following the completion of essential maintenance or places coming into use following a change in function.
We are investing £3.8 billion to deliver 20,000 additional, modern prison places including 2,000 temporary prison places across England and Wales. This includes refurbishing and building additional houseblocks across existing prison sites and creating four new prisons over the next six years and expanding another four prisons over the next three years. The first of these, HMP Five Wells in Northamptonshire, opened in February and work is also well underway at HMP Fosse Way, Leicestershire (on the former HMP Glen Parva site).