Prisons (Property) Bill

Julian Lewis Excerpts

Friday 14th September 2012 Commons Chamber

[Stuart Andrew]

My hon. Friend, as ever, makes a wise contribution. That suggestion is also of great merit. It would be good that those items could be used in that way, and we will certainly consider his suggestion as the Bill continues through the House.

The situation is not only ludicrous from a legal point of view; it sends out entirely the wrong message. Unauthorised items can prejudice safety and security in prisons, and there have been instances of their being linked to serious crimes. Mobile phones, for example, have been used to organise crimes including murder, drug dealing and witness intimidation, and to access social networking sites.

When I was researching these matters, I was astonished to see the amount of mobile phone communication that had taken place from prisons. I have some examples here. Murders have been carried out from prison. In April 2006, Andrew Wanogho was shot dead in a London street in the early hours. The culprit had a cast-iron alibi; he was in jail at the time. The fact that he was on remand in Belmarsh prison had not prevented him from co-ordinating the murder using a smuggled mobile phone, however. Even more shocking is the fact that he rang the victim’s mobile phone after the shooting to check that his rival was dead. It is astonishing that such activities are going on in our prison system. In September 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 to call an accomplice. In 2009, another gang leader was jailed for organising the murder of a 17-year-old man from his cell in a prison in Humberside.

Drugs have been sold from prison. One drug dealer was behind bars in a prison in Lewes when he realised that he had a captive market, using the fact that there are drug addicts in the prison system. Before his imprisonment, he had been part of a small heroin and cocaine distribution ring based around Worthing. Once inside, he not only continued to run the business, issuing instructions to his team by mobile phone, but expanded his operation to include the prison itself. Packages of drugs were hidden in socks and thrown over the prison walls, to be collected by inmates at pre-arranged times. That was all made possible by the fact that he had access to a mobile phone.

We then come to intimidation from prison. I have a constituent whose 16-year-old son was murdered by a gang of 30 youths. Four of them were prosecuted, but one escaped to Pakistan. He has taunted my constituent from there on Facebook, telling her how much he was enjoying his freedom. That has been terribly difficult for her, because it means that she can never really let go of that horrible day. Let us imagine, therefore, what it must be like to get that kind of intimidation from someone in prison. I think that it would add insult to injury. That happened two years ago, when it emerged that one of Britain’s most dangerous gangsters was using Facebook to threaten his enemies from his high-security prison. The gang boss, who had been locked up for 35 years, was able to correspond with up to 565 “friends” on Facebook for more than two months, until the page was shut down. Some of the things he wrote were, frankly, astonishing. He wrote:

“I will be home one day and can’t wait to look into certain people’s eyes and see the fear of me being there. It’s good to have an outlet to let you know how I am, some of you will be in for a good slagging and some have let me down badly and will be named and shamed”.

The fact that this has come from within the person’s cell is horrendous.

The taunting of victims’ families from prisons is another problem. One of the killers of 16-year-old Ben Kinsella used his Facebook page to taunt his victims’ families from behind bars. He boasted that he was “down but not out”, and for his profile picture he mocked up a T-shirt emblazoned with his face and the slogan “Free Jade Braithwaite”. From his cell, he wrote how he wanted “remote control” so that he could

“mute or delete people when I need to”.

Ben’s sister Brooke, who is 28, said at the time:

“My family and I are appalled that Jade Braithwaite is able to operate a Facebook page from inside prison—and to use the site to protest his innocence is really upsetting. We are disgusted by the comments on the site and feel it is a real insult to Ben’s memory.”

We are letting down these families if we do not deal with this problem. I have more quotes, which I may come back to later, but that gives a flavour of the real problem and its effect on the families of victims and on the victims themselves.

Phones today are not just instruments of communication; they often have cameras and recording devices. Pictures can be taken from inside prison and communicated outside, which could facilitate the opportunity to escape or help with smuggling drugs and other contraband into prison. What message does that send to victims, particularly when we have to store these items if they are found?

There is a real effect on prison discipline. Some items of property may not be illicit in themselves but have not been authorised for possession by a prisoner, including items that might have been smuggled in by visitors or obtained from another prisoner. Currently, too many prisoners use the lack of legislation to their own advantage. Prison officers discover items, but prisoners know that no legislation is in place to allow their destruction and demand that the items are put in storage. That is bad not only for good order, but for the morale of staff who work in the prison.

Glyn Travis of the Prison Officers Association states:

“The POA welcome this Bill and believe it is long overdue. Staff do get frustrated when they work hard to confiscate contraband and are then taunted by prisoners who use the loophole and force staff to store the property for them when they are released. This has a knock on effect and cost to the tax payer as property has to be transferred if the offender is. If property is classed as illegal/contraband, it should be destroyed and not stored. If the loophole is not closed compensation claims may arise if property is lost.”

If we do not pass the Bill today, we will let down the people who work so hard for us in those prisons.

The impact on resources within the prison system is another issue. When I was doing research for this Bill, I visited HMP Leeds—I hope it will prove to be the only time I go there—which is an extremely large and imposing Victorian building in which space is at a premium. I am extremely grateful to all the prison staff who gave up a considerable amount of their time to talk me through the process of prisoners entering the prison and to explain the many issues they face daily. They also told me what the problems were in the prison system.

As many Members will know, when prisoners arrive from court they must declare the items they have on them, and those that are permitted in the prison are listed on a card for the records. Prisoners are allowed to keep some of the items on them, and some will be stored. That is legitimate, and the Bill does not deal with those items. Others, such as mobile phones, are not allowed, but as long as prisoners have declared them in the court, they will be listed on a second card and stored until the prisoners are released. Storing the legitimate items is demanding enough given the number of people who are involved in the prison system, but the pressure is increased by the fact that prison staff are forced to store all the unauthorised items as well. It is estimated that storing the tens of thousands of mobile phones alone costs about £20,000 a year.

[Dr Julian Lewis (New Forest East) (Con)]

Are steps taken, or sanctions imposed, when people are found smuggling items into prison, and do prisoners who are found to have been receiving items inappropriately lose any privileges?

[Stuart Andrew]

In some cases restrictions are imposed, but one wonders how many people are smuggling things into prisons and hiding them without being detected. Why would they fear being caught if they know that the items that they have smuggled in may be stored? We want to send the clear message that it is not even worth trying, and I hope that that is what the Bill will do.